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Sample Essay ‘The Non-Voters: The Reasons, Impacts and Solutions’

July 24th, 2017 Comments off

The decision not to vote has as much of an impact as the choice to vote for a particular candidate. The research shows that low-income citizens and those aged 18-24 are the least likely to vote, meaning that significant segments of our population do not cast their voices for any candidates.  Some do not vote because they are too busy. Many choose not to vote because they don’t like the candidates or they feel their vote won’t make any difference. While an easier voting process might help marginally with voter turnout, the real solution seems to lie at the heart of our political system and its lack of representation of many of our citizens.

Why do so many citizens voluntarily surrender their constitutional right to vote? According to research in the last few years, the majority of non-voters are “pessimists.” They express the view that their vote won’t make any difference.  Many others say they are too busy, citing work, traveling and illnesses as major factors keeping them away from the polls. A common theme expressed among non-voters is the absence of good candidates. They just feel that there is no one worth taking the time to vote for.

We used to believe that the choice not to vote had little to no impact on elections. But now we know this is not true.  According to the analysis of the 2016 election results, only eight states and Washington DC that had actual political candidates earn more votes than the number of people who did not vote in that state. In other words, if “I Didn’t Vote” were a candidate, he or she would have won by a landslide. Statistically, non-voters are those under 30, low-income or non-white.  It has been found that low-income citizens often express the view that their vote won’t make a difference, while more affluent citizens feel more empowered and have more belief in the system. These gaps have tremendous implications for government policy concerning major issues like economic inequality, government services, and employment.

So how can we solve this problem and get more of our citizens out to vote? This is a complicated question and there appears to be no easy answer. The real solution will be complex and multifaceted.  Marginal improvement can be made by simplifying the voting process so that disenfranchised voters will not be able to find as many excuses to stay away. Even more important, the political system needs to generate candidates that are more representative of potential voters, especially of those in disenfranchised groups like low-income and youth. The best way to accomplish this is by more education on the policy positions of various candidates.

The American businessman William E. Simon once said, “”Bad politicians are sent to Washington by good people who don’t vote.”  For that reason, we must get to the heart of the deep sense of disenfranchisement affecting our non-voters and turn it around by building a political system that everyone can believe in.

REFERENCES:

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10 GIF-Characteristics That Describe Law Students

July 23rd, 2017 Comments off

As a law student, you are working hard to acquire all the knowledge of the law, history, and procedure you need to excel at this demanding profession. But there are some skills that can’t be learned simply through studying. It takes some time to cultivate, practice and refine them. Here are the top 10 essential characteristics that you need to become a good lawyer.

 

 

 

 

1. Communication Skills

Your job is all about making effective arguments! To do that, you need excellent skills in speaking and writing. Don’t forget that you also need to be a good listener; attorneys have to carefully listen to all aspects of a case to make a convincing argument

 2. Analytical Thinking


Attorneys must have the ability to analyze large amounts of information and come to logical conclusions about it. Often, there will be more than one possible conclusion, so you will need to evaluate all the options carefully.

  3. Creativity

Often, lawyers need to come up with unique solutions to problems. They have to stay one step ahead of their opponents, and that requires some creative problem-solving skills as well as thinking “outside the box.”

 4. Research Skills

To win your case, you will need to do research quickly and effectively to find out the relevant information. Good research helps you understand the needs of your clients and to formulate a legal strategy that makes sense for their cases.

5. The Ability to Get Along with People

Ultimately, being a lawyer is all about acting on people’s behalf. The best attorneys develop the ability to read people (such as jurors and witnesses) and to develop relationships of trust with those they work with.

6. Commitment to Continuing Education

The legal field, like everything else, is constantly changing. The best lawyers commit to staying informed of changing trends in order to better help their clients.

7. Good Judgment

Not only will you need to make reasonable conclusions based on limited knowledge, but you will also need to analyze these judgments carefully for potential weaknesses and to understand the weaknesses in your opponent’s arguments.

8. Strategic Thought

Great lawyers always work out strategies in the best interests of their clients. At times, that may mean putting aside their original goals to fight for what is in the client’s best interest.

9. Perseverance

Do you think it takes a long time and a lot of perseverance to get your law degree? That’s good practice for the profession, in which you will often have to spend many hours working on a case to be successful.

10. Accountability

As a lawyer, you will need to be accountable not only for your own actions, but for your clients’, your firm, and other people you work with. Begin taking on accountability and responsibility now, so to be prepared for your future career.

 

As you work hard to attain your law degree, don’t forget about working to develop these essential qualities. You won’t learn them in your coursework, but you can nurture them through sustained practice and efforts.

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Sample Essay on the Law Attitude to Abortion in Different States

July 23rd, 2017 Comments off

Ever since the historic Roe vs. Wade decision in 1973, the legalization of abortion has been a divisive and hotly debated issue in the USA, with public opinion split down the middle. But it might surprise you to learn what factors truly influence the opinion on this issue. While religion, race and educational level all play a small role, the sharpest difference exists based on a geographical region. This difference is most obvious when comparing the New England region (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont) with those of the Central South (Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Oklahoma, Tennessee and Texas).

Back in 1995, the Washington Post found an 18-point divide in public opinion between the New England and the South Central regions. Since that time, this divide has doubled, with a 35-point spread between these two regions, which still represent the highest and lowest populations of those in favor of legalized abortion. Support for legalized abortion in the South has dropped from 52 to 40 percent since 1995.

Even more telling, several of the Southern states have enacted anti-abortion laws in the last few years.  The TRAP (Targeted Regulation of Abortion Provider) laws have resulted in the closure of many abortion clinics in the South. In 2013, Texas passed such restrictive abortion legislation that all but six of its abortion providers were forced to close.

The statistics reveal that legislation such as this is a reflection of public opinion. A 2013 Pew Research poll found that in New England 75% of those surveyed believed that abortion should be legal in most cases, while only 40% of those surveyed in the South Central states believed this to be true. 52% of respondents in the South Central states believed abortion should be illegal in almost all cases, while only 20% of those from New England held this view.

The Pacific Coast and the Mid-Atlantic region also showed more liberal “pro-choice views”, while the MidWest and the South Atlantic regions veered more to the conservative camp. The Mountain West and the Great Lakes regions showed a far smaller divide, split almost 50/50.

Similar widening regional gaps in opinion can be found regarding other issues such as the legalization of same-sex marriage. The sharp differences, especially between the New England and South Central regions, can be at least partly explained by differences in religious beliefs, political affiliations, and social classes.

As such differences become more pronounced, it highlights the deep political division which has become the norm in American ideology. Is another American Civil War brewing? As these two regions become increasingly divided on a number of issues, it almost appears to be a possibility.

References:

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13 Funny Papers You May Be Assigned to Research for a Law Class

July 23rd, 2017 Comments off

You knew that studying the legal field would be hard work! You expected to study all kinds of weighty topics related to things like the Constitution, health care, and intellectual property. But you never thought you would be assigned topics that were strange and even funny.

Here are some surprising and funny papers that you may be asked to research for the next law class.

1. Love Contract

This is the legal ramification when employees at the same workplace enter a relationship? This is a contract which protects the employer by limiting the liability.

2. The Pre-Relationship Agreement

Dating has become so complicated that some couples now draft legal agreements on touchy subjects like when to say “I love you” and after that period of time, they may refer to themselves as a couple.

3. The Spam Arrest Agreement

The aggressive anti-spam company had a clause which required violators to pay a $2000 fine for sending spam emails.

4. Rock Stars’ Contract Clause Agreement

Rock stars are known for having seemingly petty clauses in their contracts with venues in which they perform. Van Halen in the 1980s, whose contract requested M&Ms in their dressing room with all the brown ones removed.

5. The “Love of the Game” Clause

Most professional athletes have a clause limiting exactly where and when they will play to reduce the probability of injury. But Michael Jordan did the opposite, specifically stating in his contract that he would play anywhere or at any time he wanted to.

6. Laws about the Regulation of Drones

The increasing civilian use of drones raises problems for governments as they try to regulate their use.

7. Laws about Bitcoins

Is this “cryptocurrency” really a good idea? How can it be regulated? Is it helping or harming the global economy?

8. Do Climate Change Refugees Have the Right to Refugee Status?

Residents of the Pacific Island nation of Kiribati applied for refugee status based on the effects of climate change.

9. The Free Coffee Clause

Sometimes attorneys hide an offer for a free coffee or a six-pack of beer deep within a contract as a way to find out whether their clients have actually read it or not.

10. Artist Contracts in Deep Space

Back in the early 1970s, when we believed that space traveling was going to become part of our daily lives, recording artists put language in their contracts to protect their copyright, trying to define those rights within “the Solar System” because “the Universe” was deemed too vague.

11. The Private Possession of Big Cats

Have you ever dreamed of owning a pet lion? Various countries find their own ways of regulating the ownership of large cats like tigers, lions, and leopards.

12. Laws Against the Impersonation of Clergy

You already know that it’s illegal to impersonate police officers. But in 1995, a man was arrested for impersonating a priest. Impersonating clergy members is also expressly forbidden in Alabama state law.

13. Laws about Mispronunciation

Be careful the next time you mispronounce a name! When teachers mispronounce the names of their students, it is considered a “tiny act of bigotry.” And the mispronunciation of “Arkansas” is specifically outlawed in that state.

So if you think that writing papers for your law classes are going to be boring, think again! Some of the topics you may encounter are so weird that they’re funny, and will provide you with a unique view of human nature and the laws that we need to govern it.

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Sample Essay on the Island of Manhattan Sold and Bought for $24

March 8th, 2017 Comments off

manhattan paperMany of us heard the story how the Dutch, governed by Peter Minuit, bought the entire island of Manhattan from the natives for a miserable price – 24$. But is really the story that correct?

The island of Manhattan has been inhabited by the Native American tribes for centuries, it is not quite possible to state for sure, which one made the deal with the Dutch, though probably it was the Canarsie tribe. Some people argue that Indians, due to their believes, didn‘t understand how trade with Europeans works, but we know for sure natives’ concepts of possession. The point is that natives had the concept of possession and private property (not dissimilar to capitalist construct), though many tribes had communal land.

Let’s return to the story itself. According to the letter written by Pieter Schagen people have bought the land from natives for the price of 60 guilders, although there are no records about the deed itself and all existing ones were written long after the purchase when the Dutch inhabited that island for several decades. But what about 24$? 19th century historians converted the value of 60 guilders from 17th century to U.S. dollars, the result was 24$. The point is that this number remained unchanged for about two more centuries, regardless inflation and changes of currency value. The results of modern reevaluations are quite different – some state that it equals 15,000$, others that it is almost 1000$. Though it is a moot, the fact that Indians didn’t sell their land for nothing. The most popular currency in New Netherland at that time were trinkets. By trinkets they meant kettles, axes, mattocks, musical instruments and drilling awls, all in all – for Native Americans it was very useful but not that expensive European stuff. The next moot is whether the land was really bought or just leased. Professor G. Edward White states that native tribes of Manhattan had a tradition of property rights and just offered the Dutch the right to hunt there, while Richard Howe notes that the Dutch, who relied rather on negotiations than on brute force (like other Europeans used to), thought the transaction was full and legitimate, making the land of Manhattan their property that could be later a subject to private purchases. One more interesting fact about this purchase – the Dutch probably purchased the island of Manhattan from Canarsies, who actually didn’t live there (they lived in the area near to Brooklyn). Historians say that Canarsie sought Dutch protection from the enemies, while the Dutch wanted to legitimize their land claims before the British.  It is also known that Weekquaesgeeks – real natives to Manhattan then fought with the Dutch, which led to Kieft’s war. As the result the Dutch drove the tribe of Weekquaesgeeks out of their land completely.

To conclude all mentioned above, it is worth stating that the entire brand of Manhattan being sold for glass beads is totally invalid. The local tribes understood the principles of trade, so they weren’t just giving away their homelands. And last but not least, Manhattan wasn’t actually sold, as Canarsies had no rights of owning the island and the deed was just an attempt to legitimize the claims.

References:

  1. Dixon, Faun Mortara. Native American Property Rights. 1st ed. 1981
  2. Johansen, Bruce E. The Encyclopedia of Native American Legal Tradition. 1st ed. Westport, Conn: Greenwood Press, 1998
  3. Levy, Leonard W, Kenneth L Karst, and Adam Winkler. Encyclopedia Of The American Constitution. 1st ed. New York: Macmillan Reference USA, 2000
  4. Bastian, Dawn E and Judy K Mitchell. Handbook Of Native American Mythology. 1st ed. Santa Barbara, Calif.: ABC-CLIO, 2004
  5. Barreiro, Jose?. Native American Expressive Culture. 1st ed. Ithaca, N.Y.: Akwe:kon Press, American Indian Program, 1994
  6. Grinde, Donald A. Native Americans. 1st ed. Washington, D.C.: CQ Press, 2002
  7. Boxer, C. R. The Dutch Seaborne Empire, 1600-1800. 1st ed. New York: Knopf, 1965

Sample Essay on Bomb Robot Killing Dallas the Sniper

March 4th, 2017 Comments off

essay-on-drones-sniperDue to today’s sophisticated technologies our now has changed drastically and our future is to be changed as well. And it is even a bigger breakthrough when it comes to crimes counteraction and assistance in detecting the criminals. That is said about the Remotec F-5 robot made by Northrop Grumman company that was used by the police to neutralize the delinquent.

It is in Dallas, USA where for the first time in history a robot was used for the criminal elimination by the police. The incident in Texas, Dallas was the bloodiest terrorist attack for the US police after the events in September 11, 2001 as well as Oklahoma City bombing. Dallas Police had armed the robot with an explosive device to kill the criminal Micah X. Johnson who killed five policemen, injured seven plus two civilians during a street riot. The decision to use the bomb was made after unsuccessful negotiations with the suspect.

The robot Remotec F-5 costs around 180,000 dollars. It has inbuilt cameras and sensors, arm-manipulator, special additional wheels for climbing the stairs which helps to overcome not only long distances, but the stairs as well, robot climbed the second floor where the criminal was situated.

This is not the first time when the police use robots-sappers. In April 2015 the police of San Jose dissuaded a person from committing suicide, robot spoke with the man and brought him a pizza and a telephone. This also proves the fact that robots of such types can be used in life-threatening and high-stress situations. There was another case when the robot was used by the US troops during the military operations in the Middle East, where the terrorist who was armed with M18A1 Claymore mine got exploded by the robot-sapper. In Iraq, the military used inexpensive robot MARCbot as an independent explosive device many times. In addition to bomb disposal, it can break windows, spray tear gas, cut the wires, make and drill holes. The robot is not autonomous, a person controls every action by means of remote control.

According to the military experts, the murder in Dallas is the first time when the police used a robot to kill. As a rule, robots are used to neutralize suspicious items. However, since these machines are also equipped with video cameras and microphones from time to time they are used as means of communication with the suspects. The current legislation does not prohibit to use robots during police operations and after successful operation in Dallas this practice will presumably continue. And perhaps in the near future law will permit to single out a target to kill even if the target is out of sight. For example, with only target’s biometric information.

Robots have evolved from primitive to sophisticated mechanisms with efficient inbuilt devices and have largely surpassed the possibilities of men. In the coming decades, more and more sophisticated robots will become irreplaceable helpers of people. Robotic devices have long been used by the military, so it is logical that law enforcement agencies of different countries do not want to lag behind and want to use them in practice as well.

References:

  1. Killer robot used by Dallas police opens ethical debate by M. Liedtke and B. Fowler, July 6, 2016.
  2. Use of police robot to kill Dallas shooting suspect believed to be first in US history. The Guardian, June 25, 2016.
  3. How robot, explosives took out Dallas sniper in unprecedented way. CNN, by S. Sidner and M. Simon, July 12, 2016.
  4. Police ‘killer robot’ used in dallas stirs human rights controversy. Underground reporter by N. Prupis, July 8, 2016.
  5. Dallas sniper shootings: Police robot killed gunman following standoff in car park. International business times, by L. Dean, July 8, 2016.

Court Essay Slow Motion Video Makes People Look Guiltier

March 2nd, 2017 Comments off

people look guiltierVideo recording, including hidden cameras, is an admissible tool that helps to provide the evidence in court. Audio and video materials help the court to establish the circumstances under which the crime was committed. Jury watches video footage of crimes to identify whether the person is guilty or not and such videos help to analyze and define the events that took place and their seriousness. Video and audio evidence can be made in many different ways, due to household tape recorders, cell phones or surveillance system. But the validity of this evidence will be only accepted by court on condition that the authenticity of the recording itself was proven.

Along with the advantages of slow-motion videos, there are also disadvantages that cause bias in court. Proceedings of National Academy of Sciences, the United States of America released a research according to which the viewers watching a slow-motion video of the committed crime considered such crime to be thought through and calculated, but not impulsively committed.  The viewers were asked to watch two types of videos: slow-motion video and a regular speed video. The participants of the experiment who watched the slow-motion video version believe in premeditation of the committed crime.

There were also other experiments carried out to prove the bias nature of slow-mo video type. There were 489 participants in the experiment who were shown the video with the armed robbery where the clerk was shot. Watching the slow-mo video of the event, but not at regular speed, the viewers believed that the wrongdoer intended to kill the clerk. In another experiment the participants were shown a video with a football tackle with the involvement of the forbidden helmet-to-helmet trick. The viewers of slow-motion video state that the player who did the helmet-to-helmet hit acted intently towards the other player.

The question now arises of whether the jury must use slow-motion videos during court proceedings or due to its bias nature, videos of such type must be banned for good?! Such bias does a serious damage to the accused party and influences the whole court process in general. Premeditated crimes get more serious sentence and punishment accordingly and it does matter when you are charged with reflexive second-degree murder or the first-degree murder. Slow-motion videos can give a false impression that the actions were planned by the person. It does not necessarily mean that slow-motion videos must not be used and accepted in court, but it does mean that the benefit of such video types may cause serious consequences to the guilty party.

Slow motion videos can make boring moments look funny ones and unseen things visible ones. Videos of such type can make not guilty person a guilty one. It may seem not serious, but when it comes to returning the verdict and punishment, it is more than serious, it is of vital importance as for the footage evidence. Of course, it doesn’t refute the fact that the person who committed a crime will have to answer for his actions, but at least the verdict he receives will be fair.

References:

  1. Slow-motion videos of a crime can cause jurors to view wrongdoing as intentional, study finds. By Debra Cassens Weiss, August 11, 2016 Harmful actions may seem more sinister when viewed in slow motion, study finds. Los Angeles Times, by Amina Khan, August 2, 2016
  2. Slow-motion replays can make juries FOUR times more likely to convict someone of a crime, Daily Mail Online, by Ryan O’Hare, August 2, 2016
  3. Can slow-motion video bias jury trials? The Christian science monitor, by Nicole Orttung, August 8, 2016
  4. Slow-Motion Video Makes People Look More Guilty, Study Shows. How stuff works, by Yves Jeffcoat, August 10, 2016

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/