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Legal Education and Diversity in Law Recruitment

December 10th, 2016 Comments off

legal-education
Legal education takes a special place in the education system of the world. This is due to the fact that legal profession is aimed at solving many issues connected with functioning of the state and provision of full protection of civil rights and freedoms. Lawyers make decisions that define the authority and respect of the state and decisions that are extremely important for the fate of every man. Poorly educated lawyers are a risk for both government and society.

Legal education needs further development and constant improvements to be implemented to provide the state with well qualified lawyers. It is needed to hold a series of practical steps towards the internationalization of legal education. The internationalization process is based on three main elements: presence of international component in the content of curricula and programs, international mobility of students and professors, existence of programs of cooperation and mutual assistance.

Prestige Is Not Enough

Institute of Higher Education of China, Jiao Tong University conducted a global ranking of universities and among the top ten universities providing legal education there are six US universities and four universities of the UK. Indicators that were taken  into consideration during the study are: opinion of students, research and scientific performance, admission to the university criteria, ratio of students and teachers, financial cost on providing library and computer equipment to students, costs spent on students, not related to educational process factors (sport, health facilities attendance), quality of graduates (percentage of graduates who received a diploma with honors), employment prospects of graduates, percentage of students who passed the full course. The components of education quality are different, but the most important ones were: students opinion, effectiveness of admission procedure to institutions, human and material resources in universities, overall reputation of institutions that provide legal education.

Good Job Position

Good legal job position can be received if you have good knowledge in legal sphere and know the how to implement your knowledge. There are also other factors that promote being selected for a good position in legal sphere. The employee must have all the necessary personal qualities and a set amount of professional knowledge and skills. These personal qualities are: intelligence, developed sense of duty and responsibility to perform their duties, integrity and independence of the decision, dedication, wish to counteract injustice, high morality, professional ethics, personal integrity, sociability. But apart from theoretical knowledge, the person must also have good practical skills. The person must be good at public speaking, know how to hold the meetings, conversations and other forms of communication with the public.

Law Recruitment Ways

There are many ways via which law recruitment is made. First, recruiting candidates for the vacant position on recommendations of friends and relatives who work or used to work in the searching company. Second, “independent” candidates who are looking for work independently without reference to the agency and employment service by straightly calling the organization. Third, the media, the most common recruitment technique is advertisements of the available vacancies.

There is a recruitment diversity in legal education, but the main aim is to hire a highly skilled person who will be a real asset in the company.

4 Laws of Legal Writing Every Lawyer Should Know

December 9th, 2016 Comments off

legal-writing-rules
Legal language acts as a carrier of information and as means of influence on people. Lawyers draft the laws, conduct business correspondence, write interrogation protocols and other regulations, indictments, claims, judgments, treaties, agreements, applications and complaints due to the use of legal writing language. In legal writing practice we can encounter the texts where it is needed to stick to strict formal writing regulations (certificates, acts), but there are other text types that are written in a more free form. Below you may find four legal writing rules every lawyer should know.

1 Be Persuasive and Argumentative

Every legal writing should be presented in a persuasive way, so it must be not only a competent text, but also a reasoned and argumentative one. The main aim is to convince the reader or the listener. The written, information must be clear, as clarity of expression promotes the persuasion. For a lawyer the ability to speak eloquently and write literary quality papers is a must. Not depending on the communicative role, whether the lawyer is making the bills, carrying out the investigation, delivering a verdict, protecting the rights of the defendants, the main task of such a professional is to explain the rule of law to every citizen. Lawyers deal with a variety of life cases on a daily basis, they need to correctly assess situation, take right decision and convince those who addressed them in the correctness of their point of view. Below

2 Mind the Legal Writing Components

There are three legal writing components that are to be taken into consideration while compiling a legal writing text.

  • First, logic (data – analysis – conclusion), you need to follow the compliance with the laws of logic while presenting the material.
  • Second, objectiveness (scientific facts), argumentativeness and reasonableness, built on facts and special requirements for the selection of words that should provide understanding and clarity of the text.
  • Third component is generalization, standardization and consistency.

3 Use Plain Language

Everything in legal writing must be presented in the most clear, precise, simple and compact way. Therefore, speaking about legal language we often talk about the simplicity of style. Use of metaphors, idiomatic expressions and complex constructions are not appropriate. Legal writings, except for academic papers are written in an official-business style. Consequently, such papers have distinctive features, their “technique” is not typical or even acceptable for other stylistic genres.

4 Use the Right Terminology

There are three types of terms which can be used in legal writing: common, technical and legal. However, despite this diversity, terminology must be clear to the addressee and adequately reflect certain concepts. There are a lot of state expressions known as “legal formulae” in legal writing, such as: make a deal, in accordance with the law, provisions of this agreement, heir to the law, divorce, preventive measures. There are many other expressions of this type, they are easily remembered and are widely used in legal sphere.

Legal writing rules are very important for every lawyer, they are used in the course of investigation and during court hearings, in the course of negotiations and business meetings with the clients, it greatly contributes to mutual exchange of ideas and thoughts.

Sample Essay on Lobbying and Legal Advancement

December 8th, 2016 Comments off

lobbying-essay
In a modern democratic society there are many different voluntary associations of people (interest groups) seeking to bring their requirements and demands to the authorities. Some of them use economic means of influence, others use discreet ways and act in the corridors of power which promote the adoption by authorities of various solutions using formal and informal relationships in government.

The most common form of influence made by these organizations on governmental authorities is called lobbying. Sometimes it is associated with corruption and illegal methods of influence on decision-making process by government bodies. As a rule, lobbyists act as intermediaries in different kinds of transactions between interest groups and politicians, including legislators and members of the government, thereby making significant influence on the formation of political course of the country.

Lobbying is important for various spheres of society. At the same time it has both positive, and negative effects. Among the advantages we may find the fact that lobbyism is a tool of interaction between representative and executive bodies. It can be seen as a way of mutual balancing and reconciliation between a variety of interests. Lobby groups, defending sometimes diametrically opposed interests, help to preserve the balance of different groups and reach consensus in decision-making process. Also, it creates opportunities for minority interests, therefore acting as a specific form of manifestation of political pluralism.

Concerning the disadvantages of lobbyism, it can significantly affect stability and operation of public policy. Some measures can appear under certain conditions in the form of social injustice manifestation. On the one hand, it promotes the “improvement” of society due to constant accommodation of interests between the state and civil society respectively, and on the other hand, it could lead to formation of a criminal state, defending narrow group interests and shaking the stability of society. Lobbying in the media, which, due to its powerful influence on the minds and behavior of people in politics, is called as “fourth branch of government.” Lobbying in the West and in the United States of America is rather a prestigious type of activity, some people call it as “fifth branch of government”.

In different countries, lobby procedure is regulated differently. Concerning the model that exists in the United States of America, back in 1946, America had a special law (Federal Regulation of Lobbying Act), which guarantees the right of citizens to apply to the authorities with complaints. Under this law, lobbyists are required to register with the Secretary of the Senate and Clerk of the House of Representatives, notifying their area of ??interest. Lobbyists must also provide a written statement with the following data: name and address of their establishment; name and address of the employer; terms of employment; amount of remuneration paid to them. By the way, the law does not limit the amount of money spent on lobbying, but it is prohibited to use federal funds. In addition, lobbyists provide the relevant bodies with their financial report four times a year.

Lobbying is a mediator between the society and the state, attracting the attention of authorities to the urgent social and political problems.

Resources:

  1. Cave, T. (2016). The truth about lobbying: 10 ways big business controls government. [online] the Guardian. Available at: https://www.theguardian.com/politics/2014/mar/12/lobbying-10-ways-corprations-influence-government.
  2. Fagan, C. (2016). What is ‘lobbying’ and its link to corruption? | Space for Transparency. [online] Blog.transparency.org. Available at: http://blog.transparency.org/2009/09/14/what-is-%E2%80%98lobbying%E2%80%99-and-its-link-to-corruption/
  3. org, (2016). Influence & Lobbying | OpenSecrets. [online] Opensecrets.org. Available at: https://www.opensecrets.org/influence/
  4. gov. (2016). Union Members Summary. [online] Available at: http://www.bls.gov/news.release/union2.nr0.htm
  5. org. (2016). 5 Digital Governance Models. [online] Available at: http://www.aedev.org/ict4d/www.knowledgefordevelopment.com/ICT4D03SP/pub/Phases_of_eGovernmenthw4.htm

Sample Essay on Global Intellectual Property Regime

December 8th, 2016 Comments off

intellectual-property-essay

Twenty-first century is often called the time of intellectual and informational evolution, century where knowledge and intellectual potential are highly valued and appreciated by people. It is well known that knowledge is power, but it is also wealth. Not only physical type of work has to be valued and paid, intellectual work too.

Nowadays, people are constantly faced with products protected by intellectual property. We read books, watch movies, listen to music, and this is a small part of what intellectual property involves. The term “intellectual property” is widely used these days all over the world. In 1967 Stockholm Convention was signed. On its basis the World Intellectual Property Organization (WIPO) was founded.

Intellectual property products consist of advances in science, literature, art and other forms of creative activity in manufacturing, including discoveries, inventions, innovations, designs, computer programs, databases, expert systems, know-how, trade secrets , trademarks, trade names and service marks. The concept of intellectual property, in particular copyright concept takes its roots since in times of ancient Greece.  Legislators of that time acknowledged social, political and economic value of works of literature and art. Creations of writers and poets were presented to the public in an undistorted form.

It was England, where in 1710 the first intellectual property law was adopted, known as the “Statute of Anne” containing one of the most important principles of writing – principle of “copyright”, the right for protection of published work, prohibition on duplicating the work without author’s consent. For every intellectual property product people got a rewarding fee. Such people were subsidized by governors, their prosperity was entirely dependent on the goodwill of the latter. For example, Leonardo da Vinci was forced to admit: “I serve to those people who pay me.”

It should be noted that, historically, the main factors that influenced the formation of the Institute of Intellectual Property were: division of labor, separation of intellectual work into particular type of activity, transformation of intellectual products of labor into commodities, their involvement in the trade market.

Although the system of intellectual property protection in the world meets international standards, the system itself is very imperfect. There is a need to develop new principles of protecting the rights of owners of intellectual property. Among the most common types of current intellectual property and copyright violations are the use of objects without signing any contracts or agreements with the author-owner, or no indication of the author’s name when using the product.

The rapid growth of the role and value of intellectual property in the socio-economic development of society, implementation of creative intellectual work as the most important factor for successful production and commercial operation of modern high-tech enterprises, increase of their competitiveness in domestic and foreign markets complicates the creation of a reliable and effective protection system of intellectual property.

Intellectual property on a global level has become the driving point that will give a powerful push to development of economic security and value of labor. Introduction of laws on intellectual rights gives us the green light to build prosperous, intellectually-oriented society.

Resources:

  1. int. (2016). WIPO – World Intellectual Property Organization. [online] Available at: http://www.wipo.int/portal/en/index.html
  2. 99designs Blog. (2013). 5 famous copyright infringement cases (what you can learn). [online] Available at: https://99designs.com.au/blog/tips/5-famous-copyright-infringement-cases/
  3. org.au. (2016). Find an Answer. [online] Available at: http://www.copyright.org.au/acc_prod/ACC/Find_an_Answer/ACC/Public_Content/Find_an_Answer.aspx?hkey=b0de2cd4-daa3-47da-95a5-1e7ecdc8dddc
  4. qld.gov.au. (2016). What are my rights as a holder of a registered trademark? | Queensland Government. [online] Available at: https://www.business.qld.gov.au/business/support-tools-grants/tools/intellectual-property-info-kit/browse/names/registered-trademark-rights
  5. Anti-abuse.org. (2016). What Does Copyright Law Protect? | The Anti-Abuse Project. [online] Available at: http://www.anti-abuse.org/what-does-copyright-law-protect/

Sample Essay on Victimless Crime The Relativity and Enforcement

October 10th, 2016 Comments off

law-essay
It is said that “Ignorance of the law is no excuse“, but actually nowadays people can find any excuse for the committed crime and have even invented the term “victimless crime”. The following notion is used to refer to the actions that are forbidden by law, but cause no direct harm to health and rights of other people. It includes prostitution, gambling, abortions, ecological crimes, drug abuse. Such victimless crimes give way and promote to commitment of secondary crimes in future, called would-be crimes.

More and more offenders and new crimes are being made every day. The United States of America has the highest level of crimes commitment and this country takes the first place in the world for the number of prisoners present per 100 000 population.

There are people who state that there is no such term as “victimless crime”. Victimologists believe that there are no crimes that are really victimless. Something or someone is always in danger, hurt or offended.  But there are people who state there are a lot of types of victimless crimes, thus the term is considered to be vague and abstract in terms of its classification.

First, crimes committed by mutual agreement, as a rule, they don’t do any harm to any party involved.

Second, crimes where harm is self-inflicted, like suicide or drug abuse.

Third, crimes against abstract “society” or group of people without any victims, e.g. driving without fastening the seat belts.

Fourth, crimes against specific or non-physical “victims”, for example against the government.

Fifth, crimes against specific “victims” associated with “victims” who do not allow to commit a legalized offense against them.

In every democratic society, adoption of a law that punishes “victimless crime” eventually leads to the abolition of the law, as it has previously happened with the criminal prosecution of homosexuality in most democratic countries at the end of the XX century. For the time being there are myriad of cases where the status “victimless crimes” was given. The Netherlands had legalized marijuana smoking, both for citizens and for foreign tourists. In Australia and Portugal it is allowed to keep no more than 50 grams of marijuana. “Prohibition Law” in the United States was canceled, and there is a tendency for the legalization of cannabis and other “illegal substances”, both in the USA and in other countries. Prostitution is legal in countries such as Argentina, Australia, Brazil, Canada, Colombia, Costa Rica, France, Germany, Greece, Mexico, Italy, Israel, and many other countries.

When all is said and done, every person is responsible for his or her deeds and has to stand trial in case of any crime committed. And it doesn’t matter whether it’s a serious or a petty crime, there is always a victim and a guilty party that has to answer for the actions made.

References:

  1. Victims’ Code, victim Support. [online] Available at: http://www.victimsupport.org.uk/help-and-support/your-rights/victims’-code [Accessed 10 May 2016].
  2. The Myth of the Victimless Crime by Melissa Farley, March 12, 2008 http://www.nytimes.com/2008/03/12/opinion/12farley.html?_r=0
  3. Are Data Breaches A Victimless Crime? By Paul Roberts, September 28, 2015 https://digitalguardian.com/blog/are-data-breaches-victimless-crime
  4. The fallacies of “victimless crime” and “idiot tax” by Paul Cooijmans, January 2010 http://paulcooijmans.com/ethics/victimless_crime.html
  5. Protecting the Victims of the “Victimless Crime” by Samuel Hall for GlobalJusticeBlog.com, May 24, 2016 https://www.law.utah.edu/protecting-the-victims-of-the-victimless-crime/

To Be Brief in Legal Writing The Final Warnings for Lawyers Who Can’t Get to the Point

October 10th, 2016 Comments off

legal-writing-tips
The ability to properly, accurately convey your thoughts by means of language is the highest culture of speech. But the ability to properly convey your thoughts and at the same time to be brief, to the point and clear in legal writing is a perfect mastery. Legal writing requires specific knowledge not just in linguistic sphere, but in judicial as well.

Only well-qualified lawyers who have sufficient knowledge not only in the field of law, but in other spheres of public life as well, can be real experts in legal writing. The primary reason of legal writing is to give information, persuade in the given and make the influence on the reader and the audience of their interests, mood, feelings and behavior. Legal writing must have scientific content and comply with the norms of legal writing.

There are different factors that can help lawyers to be brief, to the point and clear in this craft so here we present to you a few legal writing tips that will help.

Clarity of Thought

First, clarity of thought and accurately presented information. The main goal of each message, either written or an oral one, is to get the word out.  The most important quality of a successful legal writing is considered to be accuracy. It must be remembered that inaccurately selected word in an oral speech can be corrected, but in the written one it can’t be done.

Logic

Second, logic and semantic accuracy (uniqueness) of presented information. Legal writing requires the most exact, logical, unequivocal expression of thought and form of thinking. All the facts and the information must be placed in a strict logical order.  Clarity is achieved by a clear composition, logical exposition, persuasive arguments. Clarity involves the use of complex syntax and semantics to express the thoughts, especially in the reasoning and the operative part of the documents.

Brevity

Third, conciseness, lack of verbosity and avoidance of unnecessary, irrelevant thoughts. Laconism is a key to success in every legal writing. But being brief doesn’t mean forgetting about grammar rules.  The shorter the sentences the more chances are that the reader will catch the main idea and bullet points in the text. It’s important to get rid of legalese jargon, too ink-horn terms.

Vocabulary

Fourth, proper vocabulary and use of language. Legal writing requires the knowledge of technical terminology, specialized phrases and words used in legal sphere. Formality is another outstanding feature that has to be taken into consideration. It’s also very important to remember about the intended audience depending on the type of the document you are compiling.  Writing must be properly organized and guide the reader by means of introduction paragraphs, linking words, headings and subheadings that are a road map to the reader.

To sum up, the main tool of every top-tier lawyer is the language.  By means of the language we can compile legal writings, stand up for the rights of the clients, appear before a court and simply communicate with each other.  Whatever writings you made before, it has nothing to do with compiling the legal ones which are absolutely different and difficult to make.

Sample Essay on the Continuity of Government Armageddon Backup Plan of the US

October 10th, 2016 Comments off

government-essay

Despite various catastrophes, disasters, natural calamities and wars that take place these days, humanity continues to believe in a better tomorrow and eternity of the Universe. But what if one day the world ceases to exist and we all die? Will money and backup plans save us and help us to preserve our lives? But even being rich and influential doesn’t necessarily mean we can come up with a functional back-plan or a safe haven in case of armageddon or apocalypse. While we are thinking about the options, government authorities have everything planned long in advance.

Specially constructed emergency center called Mount Weather Emergency Operations Center (MWEOC) is another top-secret military base which is located in the mountains of the USA. It plays an important role in the USA continuity of state plans. It is situated in the city Berriville (Clarke County, Virginia). The purpose of the operations center is to protect military elite, high-ranking officials in case of large-scale disasters. The facility started functioning on November 9, 1965 during the times of Northeastern power blackout and continues to operate today as the emergency center in case of disasters or natural calamities.

Today, the Center is administered by the Federal Agency for Emergency Situations of the United States. In the case of a global catastrophe Emergency Operations Center Mount Weather will be a place for the evacuation of Washington politicians and other state figures. Numerous residential and recreational above-ground and underground facilities, radio and television stations, crematorium, hospital can be found on the territory of the Center. Mount Weather operates on the autonomous level, it has its own fire and police departments, own leaders and own regulations.

Mount Weather consists of eight functional groups, such as The Virginia National Processing Center (VNPSC) with a core aim to help individuals who suffered from any disaster. The Disaster Finance Center (DFC) is responsible for the compensation, expenses and financial management to the impacted party. The Disaster Information Systems Clearinghouse (DISC) provides the necessary information on any possible catastrophe. The Disaster Personnel Operations Division (DPOD) is responsible for the efficient work of the personnel and the fast feedback to those who suffered in a disaster. The Agency Logistics Center (ALC) provides the needed material and transfers the goods to the hurt party. The Conference and Training Center (CTC) functions as the means of holding different events on the territory of the Center. The Information Technology Services Division (ITS) makes sure that all the necessary communication support and technical equipment are provided. Mount Weather Management Division (MWMD) is responsible for the health care, water, transportation, electrical power and other types of basic service.

To sum up, US continuity operation plan is not just a simple backup plan in case of armageddon, but a serious standing military operation with a lot of classified information.

References:

  1. State of Emergency and “Continuity of Government”: What is the Real Reason the Government is Spying on Americans? By Washington’s Blog, October 08, 2013 http://www.globalresearch.ca/state-of-emergency-and-continuity-of-government-what-is-the-real-reason-the-government-is-spying-on-americans/5338508
  2. Continuity of Operations. Official website of the Department of Homeland Security, November 11, 2016 https://www.fema.gov/continuity-operations
  3. Continuity of government police state by Marc Ambinder, National Journal Website, April 11, 2011 http://www.bibliotecapleyades.net/sociopolitica/sociopol_bigbrother54.htm
  4. Shadow Government Is at Work in Secret by Barton Gellman and Susan Schmidt, Washington Post Staff Writers, March 1, 2002 http://www.washingtonpost.com/wp-dyn/content/article/2006/06/09/AR2006060900891.html
  5. Continuity of Government: The hidden government group linking JFK, Watergate, Iran-Contra and 9/11? By Peter Dale Scott, October 05, 2014 https://www.sott.net/article/286936-Continuity-of-Government-The-hidden-government-group-linking-JFK-Watergate-Iran-Contra-and-9-11

Law School Applications of 2016 Drop The Current and Future State of Legal Education

October 10th, 2016 Comments off

law-applications

Selection of job and future profession in the law sphere is a challenging thing for graduates and their parents. But a more challenging task is to choose the law school to enter. There are a lot of law institutions these days where you can get a good education to become a top-tier lawyer. But more and more people stop applying for legal schools and those who applied may never even work in this sphere throughout their lives.

There is a huge decrease of attendees and applicants to law schools nowadays. As a result, a lot of institutions have to come up with a more flexible schedule, cut the classes, reduce tuition and what is more, some of them are obliged to shut their doors once and forever due to the shortage of applicants. If such tendency continues to exist, we may encounter law job stagnation.

In the year 2014 there was a drop of attendees and applicants by 30% from four previous years. In 2016, the number of law students applying for the schools had slightly dropped by 2,3% which is not much compared with the year 2014. It was in 1973 when the enrolments were this low. There are small sized classes as a result and in some schools there is also a lack of students. Even the best law schools are attracting less students. Now it’s getting more and more easy to get into law school due to the less competition. The major reason for this is Great Recession and market crash.

There are a lot of factors that led to this law school applications drop.

Lower Interest of Applicants in Legal Sphere and Education in Particular

Some attendees want to get a legal education just for the sake of appearance. Some applicants are not even sure whether they want to work in this sphere in future, they stick to the statement that lawyers are always in demand and it would be useful and prestigious to have such education.

Job Challenges That Lawyers Encounter Seem to Be Too Intimidating for the Applicants

Legal education is a hard nut to crack and you need to spend a lot of sleepless nights to gain decent knowledge in this sphere. Apart from theory, practice is needed and the more practice you have the better prospects of becoming a qualified lawyer are ahead of you.

Low Test Scores, Underperformance and Poor Level of Knowledge

Applicants get very bad and low scores and don’t meet the admission test requirements while applying for the school. Lots of people find Law School Admission test very difficult and fail at it.

High Price to Pay for Education

Price does matter in terms of paying for the education, especially for the legal one where the image and rating of the university you are applying for is of the utmost importance.

To sum up, drastic changes will happen to the legal education and law schools graduates due to this law school applications decrease. New educational approaches, new reforms, new types of schools, new types of students will be different from what they are today.

The Bloodiest Shooting in the US History The Orlando Case Essay Sample

August 18th, 2016 Comments off

killer-essay

They say it doesn’t matter what the color of your skin is, what religion you have or what country you originally come from. Sexual orientation however remains a difficult issue despite everything. Despite the fact that gays and lesbians are no longer a surprise for the people all over the world, homosexual marriages are legalized in a lot of countries and homosexual families can even adopt a child, some people do act aggressively towards them by not accepting such behavior. The proof of this is the mass shooting that took place in Orlando gay club, USA.

On June 12, 2016 a lot of clubgoers were enjoying the “Latin Flavor” event in a gay nightclub Pulse, Orlando when suddenly numerous gunshots were heard. In the early morning hours 32 year old security guard Omar Mir Seddique Mateen killed 49 people in the nightclub. Apart from the killed and the wounded there were hostages who decided to hide in the bathroom when the massacre started. People who were trapped inside the club texted and called their relatives and friends desperately crying for help.

The killer decided to call 911 and pledged the allegiance to ISIS and also mentioned the Boston Marathon event. Omar Mateen was well organized and well prepared for the shooting, he carried an assault rifle and a pistol into the club. Police crashed inside the club with stun grenades, armored vehicle and killed Mateen.

The attack was denounced by various groups, including the Afghan President Mohammad Ashraf Ghani, Vatican, the Council on American-Islamic Relations. American President Barack Obama called the shooting “an act of terror and hate” towards lesbians, gays, bisexuals, transgender and others.

Parents of Omar Mateen claimed no connection of their son to ISIS and don’t consider him to be a very religious person. Nevertheless, police had to evacuate around 200 people from the Fort Pierce apartment complex he lived in because of the fear to find any possible explosives. In 2013 and 2014 Omar Mateen who was 29 years old at that time was interviewed by the FBI, but was released shortly after as he wasn’t found a threat according to the FBI.

According to his ex-wife Sitora Yusufiy, Mateen acted as a normal husband at the very beginning of their marriage, but started abusing her after a couple of months. That was the reason they decided to have a divorce. Not being diagnosed with any mental disease, Mateen’s ex-wife considers him to be bipolar.

There were other deadly shootings in the USA before, such as shooting in Charleston, SC, 9 casualties; Aurora, CO, 12 casualties; Littleton, CO, 14 casualties; San Bernandino, CO, 14 casualties; Newtown, CT, 26 casualties; mass shooting in Blacksburg, VA, 32 casualties and Orlando, FL with more than 49 casualties and 53 wounded people. But Orlando shooting is considered to be one of the most terrible mass shootings in the US history with the biggest amount of casualties.

Whatever arguments we may have for or against homosexual, bisexual, transgender people it doesn’t give us a right to kill. All men are created equal and have a right to choose.

References:

  1. Ralph Ellis, Ashley FantzFaith Karimiand Eliott C. McLaughlin, CNN. Orlando shooting: 49 killed, shooter pledged ISIS allegiance. June 13, 2016. Web. ‹http://edition.cnn.com/2016/06/12/us/orlando-nightclub-shooting/›.
  2. Gregor Aisch, Larry Buchanan, Joe Burgess, Ford Fessenden. New York Times. What Happened Inside the Orlando Nightclub. June 12, 2016. Web. ‹http://www.nytimes.com/interactive/2016/06/12/us/what-happened-at-the-orlando-nightclub-shooting.html›.
  3. Ian Millhiser. Thinkrogress.org. Congress’ Response To Orlando Shooting Is To Try To Legalize Discrimination. July 11, 2016. Web. ‹http://thinkprogress.org/justice/2016/07/11/3796693/congress-first-lgbt-rights-hearing-since-orlando-bill-legalize-discrimination/
  4. Anne Claire Stapleton and Ralph Ellis. CNN. Timeline of Orlando nightclub shooting. June 12, 2016. Web. ‹http://edition.cnn.com/2016/06/12/us/orlando-shooting-timeline/›.
  5. Lizette Alvarez. The New York Times, US. Orlando Gunman Was ‘Cool and Calm’ After Massacre, Police Say. June 13, 2016. Web. ‹http://www.nytimes.com/2016/06/14/us/orlando-shooting.html›.

Microsoft vs European Union Essay Essay Sample

August 18th, 2016 Comments off

microsoft-monopoly-essay

It’s said that eggs and promises are easily broken and it’s always easy to give a promise, rather than keep it.  There is nothing worse than a broken promise, especially when this promise costs $732 million and a lot of troubles. The European Union fined Microsoft Corp for the disrespect of the promise given earlier. Binding commitment and a promise, given by Microsoft in 2009 was not kept and had cost Microsoft Corp $732 million in the way of a fine given by the EU’s antitrust body.

According to the commitment, given by Microsoft in 2009, it offered the users a chance to choose the Web browser they preferred. Microsoft agreed to change Windows for five years and gave the users of newly bought computers in Europe a ballot screen due to which everyone could easily download other browsers from the Internet and turn off Microsoft’s browser, Internet Explorer. At the end of 2011 it has been reported by Microsoft representatives to the EU’s commission that the obligation had been kept, but after the investigation it turned out that it was violated.

According to the Microsoft spokesman the following situation occurred due to some technical errors and a promise to fix and elaborate the problem in future was given by the Microsoft Corp representatives. There were previous disputes between the EU’s antitrust institution and Microsoft Corp before. In 2004 Microsoft was accused of abusing its market position and was fined as it linked Windows Media Player to the Windows software package again leaving no choice to the users.

According to the investigation, Microsoft Corp failed to follow the obligation and as a result, 15 million users didn’t get a chance to select the browser they wanted. For the first time in history the EU and European Union’s antitrust authorities fined a corporation for the neglect to perform the obligations. According to the deal, EU’s antitrust committee can put a fine of up 10% of a company’s global annual sales, but the real fine represented 1% of Microsoft’s annual sales as the corporation cooperated easily with the committee and took no stand. Of course, for the company like Microsoft with $68 billion reserves it’s not a problem to cover such fine. It is estimated that when we compile all the issued fines against Microsoft Corp over the past decades it will be more than 2.2 billion euros.

According to the EU’s representative Joaquin Almunia, this situation will encourage a lot of companies and enterprises to give a great deal of thought before making any promises. What is more, it will serve as a warning to other corporations. Joaquin Almunia called the deal made in 2009, the actions of EU’s representatives and the people who believed this promise to be more than naive. There are other companies apart from Microsoft that are under investigation. Among them is Google for the way it ranks search engine results and another major technology company Samsung Electronics.

To sum up, a deal is a deal and any non-compliance, especially when it comes to such a world-known corporation as Microsoft will cost a fortune with inevitable fine.

References:

  1. European commission. Press release. Antitrust: Commission fines Microsoft for non-compliance with browser choice commitments, 6 March 2013, Brussels. Web. ‹http://europa.eu/rapid/press-release_IP-13-196_en.htm›.
  2. Dawn Kawamoto. CNET News.com. EU slaps Microsoft with $1.35 billion fine. 6 March, 2013. Brussels. ‹http://www.cnet.com/news/eu-slaps-microsoft-with-1-35-billion-fine/›.
  3. Foo Yun Chee. EU fines Microsoft $731 million for broken promise, warns others. 6 March, 2013. Brussels. Web. ‹http://www.reuters.com/article/us-eu-microsoft-idUSBRE92500520130307.
  4. Vanessa Mock. EU Fines Microsoft $732 Million. 6 March, 2013. Brussels. Web.‹http://www.wsj.com/articles/SB10001424127887323628804578343843582306944›.
  5. Joh Letzing. European regulator fines Microsoft $1.35 billion. 27, 2008, San Francisco. Web. ‹http://www.marketwatch.com/story/european-regulator-fines-microsoft-135-billion›.