A Look at Megan’s Law

Issues of wrongdoing and discipline are regularly at the focal point of controversy.â to a limited extent, this is positively in light of the fact that frequently, the issues brought up in issues of wrongdoing and discipline don't have simple answers and some of the time, there may not be any arrangement at all.â Certainly, each time a lawful issue emerges, even with comparable conditions, the goals to such issues can be mind boggling and can contrast with every single case.â We can increase some understanding concerning the trouble in concluding how to view and treat such issues by considering the instance of Megan's Law.On July 29, 1994 Jesse Timmendequas, effectively an indicted sex guilty party at that point, is accepted to have utilized a little dog to draw Megan Kanka, the 7-year-old girl of his neighbors, into his home in Hamilton Township, Mercer County, NJ and fiercely assaulted and killed her (Flanagan, 2004; Vachss, 1994).â â Once inside, Timmendequas is said to h ave pummeled Megan’s head into a dresser and choked out her with a plastic sack before choking her to death with a belt.â Subsequently, he moved and assaulted Megan's dead body again before dumping the body in a close by park in West Windsor, NJ.Timmendequas was indicted for homicide and condemned to death for his crime.â After his conviction, New Jersey passed a law that has come to be known as Megan's law.â The law was intended to ensure a network when perilous sex guilty parties move into the community.â Some states require notice just for specific sorts of rapes while different states stretched out the prerequisite to people sentenced for homosexuality or consensual homosexuality, a demonstration that was illicit in certain states even between consenting grown-ups before the U.S. Incomparable Court announced such laws unlawful in June 2003.Timmendequas’ activities and the resulting legitimate procedures bring up issues as to exactly how such a circumstance, or any comparative genuine lawful circumstance ought to be handled.â Was he treated fairly?â Did the Kanka family get appropriate lawful compensation for the crime?â How should such cases be handled?â We need to utilize the Megan Kanka/Jesse Timmendequas case to pose four fundamental inquiries and look for the responses to comparative questions.â First, what are the objectives of punishment?Is it really the â€Å"punishment† of the person who carried out the wrongdoing, assurance of the network, both, neither or more?â Second, in circumstances of genuine violations of this nature, should guilty parties be exposed to a lifetime of reimbursement for their violations in the wake of serving their designated term of imprisonment?â Third, while thinking about discipline, are the privileges of the person in question, the network or the wrongdoer increasingly significant; are for the most part the rights similarly important?â Finally, what goal(s) was(were) the Crimi nal Justice System endeavoring to accomplish by organizing Megan's law.Megan's Law has been the focal point of extensive discussion and warmed debate.â After Megan’s assault and murder, there was impressive contention in regards to the subject of whether the Kanka family may to be sure have realized that a sex wrongdoer (not really Timmendequas, in any case) lived in the house over the street.â Although the Kanka family precluded having any information from claiming Timmendequas' criminal past as a sex guilty party, there was proof to recommend that it was normal information that in any event one of the occupants of the house where Timmendequas lived had a criminal past that included rape, assault and posse shootings. (Vachss 1994)Even before Megan's assault and murder, law implementation authorities realized that three sentenced sex wrongdoers lived in the house where Timmendequas lived.â Although Megan's folks' asserted not to have known about this reality, a portion of their neighbors knew of the three men's past.â Even along these lines, Maureen Kanka, Megan's mom, felt that individuals may not have to depend on tattle and bits of gossip so as to find out about the nearness of indicted sex wrongdoers in their neighborhood.Perhaps above all else in any lawful circumstance is the issue regarding the goal(s) of punishment.â What precisely are the objectives of punishment?â Punishment for violations should be to dissuade crime.â Punishment punishments and law depend on utilitarianism, the possibility that there ought to be no pointless discipline (UBSBA). This thought says that we ought to assess laws based on future outcomes and recommends that discipline is in every case awful in light of the fact that it causes pain.Thus, â€Å"The motivation to rebuff is to forestall future wrongdoing and the limit is to rebuff just if the torment is exceeded by the bliss it creates.†Ã¢ Crime and Punishment hypothesis proposes the four inqui ries ought to be posed to while investigating legitimate speculations of punishment.â They are, 1) Is the discipline to forestall future violations or to rebuff past unfortunate behavior, 2) Does the hypothesis of discipline accept that the wrongdoing was brought about by the individual or social issues, 3) Does the hypothesis express fault for the prohibited demonstration and entertainer and4) What is the connection between the crook and the remainder of society?â That is, is the criminal piece of society or barred from society?â The risk of discipline is accepted to prevent reasonable individuals from accomplishing something that at last won't be to their advantage, yet the obstacle estimation of discipline is possibly thought to be powerful if individuals know about the discipline preceding carrying out crimes.Megan's law was not intended to be a type of punishment.â Rather, it was intended to be a demonstration that would give data to forestall potential wrongdoing in ci rcumstances where the potential might be real.â Some have contended that the law may prompt vigilantes shaped against sentenced sex wrongdoers and the provocation of those wrongdoers, yet that was not the intension of the law.â Its motivation was to improve open safety.â Although previous sex wrongdoers might be hurt by the law, supporters of the law guarantee that whatever coincidental bother or mischief the previous sex-guilty party may endure because of the law is their very own unavoidable outcome past illicit behavior.â It doesn't exceed the network's entitlement to know the conceivable threat of their presence.This case brings up the issue, â€Å"Should wrongdoers be exposed to a lifetime of reimbursement for their violations in the wake of serving a term of imprisonment?†Ã¢ â â This isn't a simple inquiry to answer.â Theoretically, an individual may not have to keep on paying for past wrongdoings a subsequent time, or keep paying for them once they have pa id, yet that thought is laden with issues and pretty much difficult to enforce.â truth be told, it is likewise difficult to figure out what really establishes â€Å"payment for crime.†In life, people may pay for things they have done long after they have done whatever it was regardless of whether their lawful installment has been completed.â We may pay as far as neurosis, sentiments of blame and other mental and mental installments long after any lawful installment or even without lawful payment.â So, mental reimbursement for wrongdoings may proceed for a lifetime regardless of whether social and lawful reimbursement do not.â An individual's own psychological and mental reprisal for their demonstrations may proceed indefinitely.Many mental circumstances are seen as sicknesses despite the fact that we don't generally have a definition for (or authoritatively put stock in the presence of) the soul.â Psychology, for instance, is, by definition, the investigation of the spirit, yet whenever asked, a great many people, including clinicians and specialists would express that brain science is the investigation of the mind.â Ironically, therapists don't formally have faith in the presence of the psyche either!Furthermore, sex offenses are frequently treated as though such wrongdoings were brought about by an illness or were a malady themselves.â However, even with genuine or different infections (on the off chance that we permit, only for contention, that whatever offenses are the aftereffects of ailment), there is no hard and firm meaning of an ailment even in circumstances where for all intents and purposes everybody would concur that the circumstance, (for example, with malignant growth of cardiovascular ailment) is a disease.The â€Å"retribution† hypothesis of discipline holds that people should possibly be rebuffed on the off chance that they have accomplished something incorrectly and their discipline ought to be in relation to an in appropriate they have done.â This hypothesis suggests that it is all in all correct to perpetrate torment, yet perceives that the honest can get rebuffed for things they didn't do.â This is unquestionably an intense thought regardless of capital punishment.In different circumstances, a supposed criminal may inevitably get a respite and be absolved for a wrongdoing the person didn't perpetrate despite the fact that their absolution may come until after they have lost a couple or even numerous significant years in jail serving a term for a wrongdoing they didn't commit.â However, in capital cases, exemption is of little incentive after the supposed individual has been executed, and positively, the criminal equity framework more likely than not executed numerous honest people over the years.In such cases, both the known victim(s) of the wrongdoing and the individual blamed for the wrongdoing become casualties while the blameworthy party may for all time escape justice.â No one is rebuffed for the wrongdoing in light of the fact that the person who is rebuffed is innocent.â So, the real criminal has pretty much carried out an extra wrongdoing and pulled off it.Whose rights are most important?â This inquiry can't be replied as asked.â The appropriate response isn't only a matter of rights, yet progressively a matter of safety.â The plan is to decide in favor of wellbeing, so the underlying inquiry has more to do with, â€Å"What will render the people of a network safe† than â€Å"Whose rights are most important†, surely a significant issue as well.â Some vibe that Megan's law gives a misguided feeling of security.â Statistics from the Bureau of Justice show that the mind lion's share of explicitly ambushed minors were defrauded by family membe

Too Much Branding These Days

Too Much Branding These Days There is a difference between a brand and branding. McDonald’s, Johnson Johnson, and Walmart are brands. And you, if you’re a creator of something, can also be a brand. The difference between a corporation as a brand and you the brand is the corporation’s primary objective is, by definition, to make money. You, on the other hand, needn’t bear profit as your main objective. If you the maker are concerned principally with earning money by creating something, and yet you pretend this something is being made to benefit the greater good, then your product will reek of insincerity, pretense, and disingenuousness. This is commonplace for corporations, so much so we’ve come to expect it in their advertisementsâ€"we know their fundamental goal is money. For example, have you ever believed a corporation truly understands you? I certainly haven’tâ€"not as an adult, at least. But I have regarded as true that certain musicians, authors, or artists understand me as a personâ€"there is often a connection between me, the artist, and her work. This doesn’t mean products devised for profit aren’t useful (they often are), it simply means people won’t find the same connection with that product as they do with the literature, music, or artwork they loveâ€"for the main objective of these personal works isn’t (typically) financial in nature, it is to develop a connection with other human beings. When making money is the dominant driver for what you create, you are brandingâ€"carefully composing your image, neurotically considering your demographic, and obsessively tweaking your good or service to fit a customer base. There’s nothing wrong with earning moneyâ€"I simply prefer for it to result from what I write (not the other way around). I’ve found when I’m honest, open, and add value to other people’s lives, people are willing to support my work whenever they are given the opportunity. Read this essay and 150 others in our new book, Essential.

The Proof Behind Darwin’s Claims A Rhetoric of Research and Transformation - Literature Essay Samples

The idea of what constitutes legitimate scientific proof is one that is subjective and varies from one circumstance to another, but compiling various types of evidence to support a claim has long been an accepted, respected, and even encouraged means of accurate testimony. The concept of mass accumulations of strong evidence as a means of proving a point is one explored repeatedly throughout Darwin’s On the Origin of Species as Darwin builds a case for and defends his theory of evolution and the topic of natural selection. Darwin’s way of presenting and re-presenting his evidence works as a way of establishing meaning in his work as he emphasizes the importance and relevance of his discovery. He accomplishes this task through detailed and constant repetition of his findings while also attempting to secure the confidence of his readers using his collection of examples on various species and the changes he had observed in their expressed features over time. This method of explanation in which new evidence is frequently given, however, is a necessary part of this specific scientific abstract as a method of not only substantiating Darwin’s argument and technical claims on his theory of natural selection but also as a means of maintaining current information on a topic that is constantly in the process of change. To begin, Darwin was the first of his time to publish research on this particular topic of the evolution of species and for this reason was unable to draw from the research of other scientists, making it important for Darwin to establish trust between himself and his readers. Not only this, but his research was composed almost entirely of observational study as opposed to experimental for the fact that evolution is extremely difficult to capture in one’s lifetime as it can take multiple generations of a species for the new traits to become visible. Darwin recognizes that what he is trying to capture and understand is a world in motion and that therefore his theories must be somewhat flawed as he states, â€Å"This Abstract, which I now publish, must necessarily be imperfect. I cannot here give references and authorities for my several statements; and I must trust to the reader reposing some confidence in my accuracy. No doubt errors will have crept in, though I hope I have al ways been cautious in trusting to good authorities alone† (Darwin, 2). Darwin recognizes that most of the evidence he can offer to his readers is not strong evidence in the sense that it has the possibility of being incorrect and does not provide direct proof of his discoveries on evolution. As something that can only be seen after the course of many generations worth of time, achieving proof of evolution and natural selection upon immediate observation is impossible. It is a process that takes patience and many years of close surveillance research. Darwin counters this by relaying as much information on the topic of his findings as possible. He gives meaning to and creates a convincing thesis by building a more or less undisputable compilation of facts surrounding the topic. Furthermore, Darwin asks his readers to believe his scientific claims based on good faith, but only through sufficient presentation of evidence of his claims will he be able to truly convince them. In order to validate his arguments he acknowledges that he must provide as much evidence pertaining to claims for and against evolution as possible as he admits, â€Å"No one can feel more sensible than I do of the necessity of here-after publishing in detail all the facts, with references, on which my conclusions have been grounded [†¦] A fair result can be obtained only by fully stating and balancing the facts and arguments on both sides of each question† (Darwin, 2). Through this statement, Darwin is showing his recognition of the fact that blind assertions cannot serve as legitimate proof and that this alone would not be enough to convince any of his readers of the truth behind his findings. He strives to give the reader as much evidence as is possible which is proven by hi s statement, â€Å"My work is now nearly finished; but as it will take me two or three more years to complete it, and as my health is far from strong, I have been urged to publish this Abstract† (Darwin, 1). This abstract, however, comes to 490 pages in length and contains numerous detailed examples of his findings and observations in addition to the analysis of said findings that led to Darwin’s theories. Even as an incomplete version of his discoveries, On the Origin of Species makes a very convincing argument in the evidence it presents. Thus, Darwin’s way of presenting and re-presenting his information establishes meaning in the sense that it allows for his discoveries to be seen as both significant and accurate and therefore hold meaning with his readers as well as convince them of the truth behind his findings. In addition to this, Darwin recognizes through his research that evolution of species is something that occurs constantly and that for this reason, no matter how much evidence he provides, the organisms of the earth will always be in flux and that he therefore must be able to provide a large and continuous compilation of proof of his theory. Darwin states, â€Å"Owing to this struggle for life, any variation, however slight and from whatever cause proceeding, if fit be in any degree profitable to an individual of any species, in its infinitely complex relations to other organic beings and to external nature, will tend to the preservation of that individual, and will generally be inherited by its offspring. The offspring, also, will thus have a better chance of surviving† (Darwin, 61). In this Darwin is addressing the fact that advantageous traits, no matter how small, will aid the species to the age of reproduction and thus aid in the passing down of said trait. Through this i t is implied, however, that the changing of species happens gradually and continuously throughout time and that the proof being provided for such adaptations must change and build over time as well, thus signifying the important of accumulation of mass evidence. On the same note, species change over the course of time as a result of out-competing one another and it is essential for the support of the theory of evolution that any adaptations be documented. As the world around the species changes in terms of climate, space, potential predators, and food availability, the ideal traits for them to express also change, meaning they can never reach a state of perfection and that therefore must face what Darwin calls the struggle for existence as he states, â€Å"Nothing is easier than to admit in words the truth of the universal struggle for life, or more difficult [†¦] than to constantly bear this conclusion in mind† (Darwin, 62). He recognizes that living organisms are not immutable and are thus the objects of constant transformation. As the theory of evolution is one based on the constant changing and mutability of physical traits, it is essential that the evidence to support it also varies and changes with time. Here, the presentat ion and re-presentation of evidence is essential as a method of creating meaning in Darwin’s discoveries in that in order for the theory to remain relevant and accurate as well as to prove the theory of natural selection as a whole, evidence must be collected and presented over a period of time in various different ways. The way in which Darwin elects to present and re-present his observational discoveries throughout the text On the Origin of Species is a necessary part of giving meaning to his work. Darwin uses such a method as a means of verifying his claims and argument for the theory of natural selection as well as to gain the support and trust of his readers on a topic that without scientific evidence would appear outlandish. Not only this, but as the theory of evolution supports that the physical characteristics of species are in constant flux it is important that the evidence for such a theory follow and document the changes over time in order to remain accurate and relevant, thus resulting in a mass accumulation of evidence. Darwin makes up for the fact that he is unable to provide absolutely undeniable experimental proof of his claims by providing as much information on his discoveries as possible, thus showing the seriousness of the implications of his work as well as creating a convincing argument.

The Boys Chunk A Football - 867 Words

Our Escape I watch the boys chunk a football around, out the kitchen window while I prepare lunch. Dani is tackling his best friend onto the ground and, for a moment, I see them as grass stained little boys again, with not a worry about war or deployment. It makes me smile. This was their escape. This was the place where, just for a little while, there was no war, no AK-47s or PT. It was my escape too, but in a different way. I didn’t need an escape from gun fire and bombs. This was my escape from the war waging at home. Dani trots in the kitchen, dripping in sweat and lifts me off the ground, swinging me around. The sweat doesn’t even bother me. I squeeze him right back and breathe in the scent of fresh cut grass and his lavender fabric softener. I kiss him and ask for some help hauling the mound of food out back. You would not believe the amount of food eight marines can ingest in one sitting. One step out the door and the scent of charcoal and burgers engulfs us. We set out the food and the boy flock to the table. I smack away as many grass stained, grungy hands as I can and tell them to wait until Sarg is done with the burgers. Dani laughs and they, begrudgingly, obey and go back to using football as an excuse to pummel each other into the ground. â€Å"I love you.† The words drip from his lips in that Australian accent. He gives me another kiss then goes to join the rest of the hooligans. It s almost summer and the flowers in the garden are in full bloom. Splashes ofShow MoreRelatedThe Chase by Annie DIillard1166 Words   |  5 Pagesstory by mentioning bits of her interests as a young girl. She sets up the story by introducing two parts of her childhood, baseball and football. In each of these sports, she points out the important lessons she learned. These lessons importance would become more clear later on during the events. â€Å"It was all or nothing†. Dillard Basically stating that in football you have got to give all of your effort and not hesitate at all if you want to make the tackle and stop the offense. This do or die attitudeRead MoreTaking a Look at Title IX1864 Words   |  7 PagesImagine being a female athlete before 1972, you practice playing basketball everyday just like the boys do, but they have multiple scholarship opportunities to go to college where as females do not. They tell you to be a cheerleader or work in the kitchen and stay at home, but in your heart you are a competitor and have a passion for sports. This is a feeling that many females felt before Title IX; was explicated to give female’s gender equality in sports. Title IX has positively affected women’sRead MoreCollege Athletes Should Not Be Paid1263 Words   |  6 Pageslove and are good at, but get nothing back from it. College athletes bring in enough money to the college to be able to get a little something back for the effort it takes. The amount of time college athletes spend on their sport takes away a huge c hunk of time that could be used for more time on school work for a better education. Some might say that division 1 athletes are already getting paid by the amount of money going towards their scholarship to attend the school. Also people consider themRead MoreLifebuoy- Soap of India1598 Words   |  7 PagesLittle Gandhi, a boy who takes the initiative of sweeping his street one day, just to make a difference to society in his own little way. Other boys join him in this social act. Mothers are shown encouraging their children to do so, which is a step away from the regular ‘stay away from germs’ kind of soap advertising. There was a series of TVCs for this new campaign: Little Gandhi ad showing a young boy leading young children to clean the streets; a young girl playing football with the boys to young childrenRead MoreJackie Robinson s Life Is Not A Spectator Sport837 Words   |  4 Pages Jackie Robinson and his family eventually moved to Pasadena where he went to school and then college. In the words of freelance writer David Conrads †He excelled at every sport he attempted--basketball, football, baseball, track, golf. He played tennis only sporadically, yet won the junior boys singles championship†¦In the service he won, almost without trying , the table-tennis championship of the Army†(n.p). Robinson brought his athletic abilities onward first to Pasadena Junior college and thenRead MoreElectronic Sports: Really a Sport?1546 Words   |  7 Pagesthat is not the case these days. Within the last ten to twenty years a radical thing that probably would not have been thought to exist is coming into fruition, and boy is it blooming. Electronic Sports, eSports for short, is the act of playing video games competitively for not just proving who’s better, but also for a very large chunk of money. Does that make it a sport however? Is just being able to compete against others for money what makes something a sport? In s ome cases, but that would probablyRead Moreâ€Å"The War On Drugs Is A Big Fucking Lie†. In Recent History,1560 Words   |  7 Pagesis often portrayed. Dan Slater’s Wolf Boys examines the drug trade between Mexico and the United States, through the life of a cartel member named Gabriel Cardona, and unpacks the realities of life as a cartel member. Dan Slater’s Wolf Boys explores the complexities of the war on drugs, through the lives of Gabriel Cardona, a member of the Zetas, which is a prominent cartel in Mexico, and Robert Garcia, a law enforcement officer in Laredo, Texas. Wolf Boys came to fruition because of Slater’s correspondenceRead MoreSearch And Seizures Of Schools1151 Words   |  5 Pagesnot have to give up their right and the entranced like believed before this case, the amount they received seems okay but should be higher. In the second case, Vernonia School District v. Wayne Action, which stopped a seventh grade boy from being allowed to play football or any sport because he would not agree to drug testing.The school had probable cause that athletes had been using drugs and they knew that drugs posed a threat to the safety of their athletes. They voted on adding a drug testing policyRead MoreCliques Can Affect Your Educational Performance1279 Words   |  6 PagesGorham Middle School is the popular girl clique. These girls have a gigantic network of friends, that expands to a large chunk of the entire school. Although there are only a handful of girls that have achieved this popularity, the amount of people they know and are friends with is beyond anything anyone else in the school has even come close to achieving. Even the most popular boys don’t come close to the popularity of the girls in this clique. This clique is so huge that intelligence levels highlyRead MoreShort Story : Who Am I 170 3 Words   |  7 Pagesbeen through absolutely everything together, she’s my rock. My mom remarried when I was wee to her middle school- high school sweetheart Gerald Lopez, they gave birth to my youngest brother Malaki Lopez. He is a freshman here at Payette and he plays football, and wrestles. My mom was raised by her grandparents here in Payette, and all of her siblings were raised by her mom in Georgia so I’ve never met them. My dad however, has three siblings and two of which are his half siblings he is the oldest of

Maggie Lena Walker

Maggie Lena Walker once said, I am of the opinion [that] if we can catch the vision, in a few years we shall be able to enjoy the fruits from this effort and its attendant responsibilities, through untold benefits reaped by the youth of the race. Walker was the first American woman--of any race--to be a bank president and inspired African-Americans to become  self-sufficient entrepreneurs. As a follower of Booker T. Washington’s philosophy of cast down your bucket where you are, Walker was a lifelong resident of Richmond, working to bring change to African-Americans throughout Virginia. Achievements First American woman to establish and be appointed as a bank president.  Established the St. Luke Herald, a local African-American newspaper.   Early Life In 1867, Walker was born Maggie Lena Mitchell in Richmond, Va. Her parents, Elizabeth Draper Mitchell, and father, William Mitchell, were both former slaves who were emancipated through the thirteenth amendment. Walkers mother was an assistant cook and her father was a butler in a mansion owned by the abolitionist Elizabeth Van Lew. Following the death of her father, Walker took on a number of jobs to help support her family.   By 1883, Walker graduated at the top of her class. That same year, she began teaching at the Lancaster School. Walker also attended the school, taking classes in accounting and business. Walker taught at the Lancaster School for three years before accepting a job as a secretary of the Independent Order of St. Luke in Richmond, an organization that assisted sick and elderly members of the community. Entrepreneur   While working for the Order of St. Luke, Walker was appointed secretary-treasurer of the organization. Under Walkers leadership, the organizations membership increased tremendously by encouraging African-American women to save their money. Under Walkers tutelage, the organization purchased an office building for $100,000 and increased the staff to more than fifty employees. In 1902, Walker established the St. Luke Herald, an African-American newspaper in Richmond. Following the successes of the St. Luke Herald, Walker established the St. Luke Penny Savings Bank. By doing so, Walker became the first woman in the United States to found a bank. The goal of the St. Luke Penny Savings Bank was to provide loans to members of the community. In 1920, the bank helped members of the community purchased an estimated 600 houses. The success of the bank helped the Independent Order of St. Luke continue to grow. In 1924, it was reported that the order had 50,000 members, 1500 local chapters, and estimated assets of at least $400,000. During the Great Depression, St. Luke Penny Savings merged with two other banks in Richmond to become The Consolidated Bank and Trust Company. Walker served as chairperson of the board. Community Activist   Walker was an avid fighter for the rights of not only African-Americans but for women as well. In 1912, Walker helped establish the Richmond Council of Colored Women and was elected as the organizations president. Under Walkers leadership, the organization raised money to support Janie Porter Barretts Virginia Industrial School for Colored Girls as well as other philanthropic endeavors. Walker was also a member of the National Association of Colored Women (NACW), the International Council of Women of the Darker Races, the National Association of Wage Earners, National Urban League, the Virginia Interracial Committee and the Richmond chapter of National Association for the Advancement of Colored People (NAACP). Honors and Awards Throughout Walkers life, she was honored for her efforts as a community builder. In 1923, Walker was the recipient of an honorary Masters degree from Virginia Union University. Walker was inducted into the Junior Achievement U.S. Business Hall of Fame in 2002. In addition, the City of Richmond named a street, theatre and high school in Walkers honor. Family and Marriage In 1886, Walker married her husband, Armistead, an African-American contractor. The Walkers had two sons named Russell and Melvin.

Intellectual Property, Ethical Dilemmas, and Alternative Dispute Resolution - Free Essay Example

Sample details Pages: 7 Words: 2070 Downloads: 3 Date added: 2019/02/20 Category Law Essay Level High school Tags: Intellectual Property Essay Did you like this example? Intellectual property issues, alternative dispute resolution, and ethical dilemmas often affect corporations in how the corporation conducts business. Such is the case of Acme, Inc., a pharmaceutical company that received a patent for an immortality drug but had no plans to market the drug per the company’s president and Beta, Inc. another drug company that copied the immortality drug with plans to market to the public at cost. Don’t waste time! Our writers will create an original "Intellectual Property, Ethical Dilemmas, and Alternative Dispute Resolution" essay for you Create order The issues in this case involved intellectual property, specifically patent law, ethical decisions on the part of both companies, and alternative dispute resolution as to how both companies can resolve the problem. In the case of Acme, Inc. and Beta, Inc. the main issue at hand is intellectual property rights and patent laws. Intellectual property gives companies rights to protect certain types of intangible personal property, such as a patent (Mayer, Warner, Siedel, Lieberman, and Martina, n.d., p. 1142). Acme was granted a patent from the United States Patent Office giving the company exclusive rights to make, use, and sell the immortality drug for a period of twenty years from the date of application (United States Patent and Trademark Office, 2015, para. 4). The type of patent issued to a company is vital in determining the legality of the intellectual property rights. Regarding Acme, the type of patent issued can be considered a utility patent which is granted to anyone who invents or discovers any composition of matter, such as the immortality drug (United States Patent and Trademark Office, 2015, para. 6). However, the patentee is solely responsible for enforcing the patent and in the case of Acme, the president chose not to pursue the patent (United States Patent and Trademark Office, 2015, para.5). In doing so, that decision opened the door for Beta, Inc. to take advantage of the law regarding intellectual property. Due to the fact Acme sat on the patent for the immorality drug and did not market it to the public, Beta was able to copy the drug and release it on the market. In this case, Beta did not apply for a patent. However, under the aspect of intellectual property, Beta could trademark the drug. Although Beta did not obtain a patent, a trademark would give the company a way to distinguish their drug from the drugs of other pharmaceutical company’s (United States Patent and Trademark Office, 2015, para.7). However, Beta could find itself in the same position as Acme as a trademark does not prevent other companies from making or selling the same drugs under a clearly, different mark (United States Patent and Trademark Office, 2015, para.8). In determining the legal aspects surrounding intellectual property rights such as patents or trademarks with the competition between Acme and Beta, caselaw plays a vital role. Acme applied for a patent for a specific drug but did not market the drug to the public. The question becomes in the case of Acme, what legal rights does Acme has regarding intellectual property and patent law? The same holds true of Beta. The company copied Acme’s drug, decided to market it to the public, but only for cost not profit. The question in the case of Beta, can Beta trademark the immortality drug under intellectual property and does patent law apply to Beta? The first aspect of caselaw both Acme and Beta must take into consideration regarding the patent or trademark of the immortality drug is the Leahy-Smith America Invents Act of 2011. Language in the Leahy-Smith America Invents Act of 2011 is very specific and can be applied to both Acme and Beta regarding patent law. The Leahy-Smith America Invents Act of 2011 blocks a patent if an invention is in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention (Bloomberg, 2018, para. 9). Acme had the patent, but did not pursue the market or sell of the invention, so does this make the patent null and void? Under Section ‘ § 291. Derived Patents of the Leahy-Smith America Invents Act of 2011, â€Å"The owner of a patent may have relief by civil action against the owner of another patent that claims the same invention and has an earlier effective filing date, if the invention claimed in such other patent was derived from the inventor of the invention claimed in the patent owned by the person seeking relief under this section (pp. 6-7). In other words, Acme could have legal remedy against Beta for copying its patented immorality drug. Another issue of intellectual property caselaw affecting Acme and Beta is trademark law. Although Beta can potentially trademark the immortality drug even with Acme having a patent, this could create legal issues. Under Title 1  § 13 (15 U.S.C.  § 1063) section a of the U S Trademark Law, â€Å"Any person who believes that he would be damaged by the registration of a mark upon the principal register, including the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title, may, upon payment of the prescribed fee, file an opposition in the Patent and Trademark Office, stating the grounds therefor, within thirty days after the publication under subsection (a) of section 1062 of this title of the mark sought to be registered† (p. 16). This section of trademark law can create a major issue for Beta in that if Beta decides to trademark the immorality drug which Acme has patent right to, Acme could file a claim with the Patent Office against Beta. In addition to legal ramifications of both companies, Acme and Beta both face ethical dilemmas. In the case of Acme, the ethical dilemma facing the business regarding the patent of the immortality drug and the president’s decision not to market the drug to the public is by keeping the drug from the public, is Acme in depriving an anti-aging cure that would benefit millions of people from dying practicing good social responsibility? The answer is no. When the president made the decision to withhold a drug that would keep millions of people from suffering from death, Acme lack of social responsibility became an ethical issue. Although the public in unaware of the immortality drug, Acme has a social responsibility to market the drug to help people. Acme needs to look at the ethical ramifications of not producing, marketing, and selling the drug. Where is its duty to its stakeholders? Acme must decide where its duty lies and by utilizing an ethical framework of utilitarianism. The utilitarianism framework is based on results. When practicing this ethical framework, Acme doe s what is right for the greater good of society (Mayer, et.al, n.d., p.). Instead of sitting on the patent, Acme must move forward with the manufacturing of the immorality drug to provide society with the ability to sustain infinite life. In the case of Beta, the ethical dilemma facing the company regarding the copying of Acme’s immortality drug and deciding to sell at cost to the public, is Beta creating an issue of supply and demand when it markets a drug that will provide society with immortality and only charge at cost? The answer is yes. When Beta basically stole Acme’s idea of the immortality drug, decided to have people pay only costs, the company not only took away profits from shareholders, but started a domino effect of supply and demand. When people learn about the new drug on the market to give them longer life, the demand for the drug will increase and supply will dwindle. In order to keep up with the supply and demand chain, Beta will have to increase the cost of manufacturing, which in turn will increase the price of the drug to the public. Beta must consider the ethical issues it will create by selling the immorality drug at cost. By utilizing the ethical framework of deontology, Beta can produce an ethical solution. Deontology is an ethical framework that helps businesses put duty first, act rationally, and give moral weight to the equality to all people (Mayer, et al, n.d., p. 43). In other words, Beta should reconsider its decision to sale the drug at cost. It has a duty to act rationally by providing equality to all people. If Beta sells the drug at cost, over time as supply diminishes, demand increases. To avoid a supply and demand crisis, Beta must choose to make a profit and at the same time keep the drug affordable. Although both Acme and Beta are facing ethical dilemmas, both companies are also facing legal issues with each other. One method Acme and Beta can solve the issue surrounding the immorality drug manufacturing by Beta and the patent Acme holds is through alternative dispute resolution. Alternative dispute resolution offers parties alternative means to litigation which can be costly and take several years to settle in court. For parties that have a dispute there are three types of ADR that can help resolve issues. ADR offers parties negotiation, arbitration, or mediation. Each form of ADR can produce positive results. However, each is different. Negotiation is usually the first step in the dispute process. This process is informal and is usually handled directly by the parties without intervention (Mayer, et al, n.d., p. 108). In the case of Acme and Beta, the possibility of negotiation working is improbable due to the severity of the issue. The next steps in the ADR process are arbi tration and mediation. Parties can choose between arbitration and mediation to get the desired outcome to resolve the issue. Alternative dispute resolution offers parties a private decision maker where the decision is quick and binding by law and holds up in court (Mayer, et al, n.d., p.109). Unlike arbitration, mediation offers no binding decision where the parties can accept the mediators recommendations or not (Mayer, et al, n.d., p.109). It would be in the best interest of Acme and Beta to choose arbitration as any decision would be binding. For example, Acme could argue that because if the patent, it has sole rights to the immorality drug, while Beta could argue that Acme chose not to use the patent and therefore it has trademark right to the drug. In this situation, arbitration is the best option. Under the Federal Arbitration Act parties in arbitration are protected with certain rights. In the case of Acme v. Beta, this act gives both parties solutions. For example, if Acme proved Beta committed fraud, an appeal may be filed if Beta was the party that was granted an award. In conclusion, Acme invented an immorality drug to which the company was granted a patent. However, the president of Acme chose not to market the drug to the public. This caused Beta, a competitor to copy the drug and market it to the public at cost. Both issues created ethical dilemmas for Acme and Beta. Acme was faced with an ethical dilemma of withholding a life-saving rug from the public and Beta was faced with creating a supply and demand scenario. However, ethical dilemmas were not the only issues facing both companies. Acme and Beta are also facing legal issues in that Acme was granted a patent and Beta copied the drug and marketed the drug because Acme failed to do so. The solution to both ethical and legal issues for Acme is to go forward with the patent, manufacture the drug, and market to the public. Regarding legality Acme’s only solution to go to arbitration with Beta. Regarding Beta, the ethical decision will be based on the outcome of arbitration. If Beta is the victor of arbitration, ethically the company must rethink selling the immorality drug at cost. References Bloomberg Law. (2018, December 3). Drug-makers head to high court for clarity on patent-Sale timing. Retrieved from https://news.bloomberglaw.com/ip-law/drugmakers-head-to-high-court-for-clarity-on-patent-sale-timing Mayer, D., Warner, D., Siedel, G. Lieberman, J., Martina, A. (n.d.) Business Law and the Legal Environment. Washington, D. C.: Saylor Foundation. Retrieved from: https://www.saylor.org/site/textbooks/BusinessLawandLegalEnvironment.pdf The Federal Arbitration Act (USA). (n.d.). Retrieved from https://sccinstitute.com/media/37104/the-federal-arbitration-act-usa.pdf U S Trademark Law-Federal Statues. (2013, November 25). Retrieved from https://www.uspto.gov/sites/default/files/trademarks/law/Trademark_Statutes.pdf United States Patent and Trademark Office. (2015, October). General information concerning patents. Retrieved from https://www.uspto.gov/patents-getting-started/general-information-concerning-patents#heading-12 USPTO. (2011, September 16). LEAHY–SMITH AMERICA INVENTS ACT. Retrieved from https://www.uspto.gov/sites/default/files/aia_implementation/20110916-pub-l112-29.pdf

Influence of Media on Crime. - 788 Words

Is Media Responsible for the Increasing Crime Rate? It is believed that the great Plato had a question similar to this, he was worried whether the violence in plays will have a negative effect on people of his land. We cannot mitigate the influence of media on the society. Some believe that it is the curse for the contemporary society, as it invigorates individuals to commit crimes. Are these people right? Read on to know the answer to this grave question. Contrary to the popular belief, media is not responsible for the increase in the rate of crime! There is no doubt that, media has the power to inspire, persuade, and provoke the masses, but criticizing it for the rise in crime, is a sign of ignorance. The critics who disparage the†¦show more content†¦Do you believe that the world was a non-violent place before the growth of media? If yes, let me tell you that historical evidences clearly state the brutal acts of violence by rulers who believed in imperialism! The belief that the crime rate is proportional to the exposure to violent stories is false, as the rate of crime has always been fluctuating, but the reporting of stories of violence by the media, has always been on the rise. So, it is very difficult to establish aShow MoreRelatedThe Roles and Influences of Media on Crime730 Words   |  3 Pagesthe political world, media has both a positive and negative affect. Americans as a whole are engrossed with crime whether it be a fictional representation on a person’s favorite television show, or a true story the nightly news. The entertainment media influences our lives in consciously and subconsciously, day in and day out, playing a critical and constantly cultivating role in the criminal justice system and the conduct of politics. How exactly does one determine what media is? According to yourRead MoreJuvenile Crime and the Influence of Media Violence1463 Words   |  6 PagesJuvenile Crime and the Influence of Media Violence With several arguments for both sides can we truly determine if there is only one main role in juvenile crime? There are many statistics that show there is a higher aggression level formed in people who watched a great deal of violent television or played violent video games as a child. People must begin to consider that there are several contributors to youth crime and violence. Youth crime is often fueled by media violence and can depend on howRead MoreMedia Influence: The Cause of Copycat Crimes607 Words   |  2 Pagescopycat crimes is the medias influence. However, there is an abundance of evidence that readily indicates that the media certainly exacerbates the effects of sensational, tragically violent crimes. It does little to deter such future crimes from occurring. More significantly, it presents a viable platform to grant maximum exposure to the motive, methodology, and demeanor of the individual who perpetuated such a crime. Although the media cannot readily be labeled th e cause of copycat crimes, it certainlyRead MoreSocial Media s Influence On Hate Crime1348 Words   |  6 PagesWhy they are provoking hate, and crime-politics is the second burning issue that results in disorder in the nation. The media outlets and social networks which are located abroad are never claimed for disorder by the laws and regulations of the victim nation or ethnic group. Unfortunately, it is hard to know in advance whether a conflict will be gradual or sudden. â€Å"The Internet and social media networks are not under any sort of inspection against racist ideas, hate or abusive speech in the nameRead MoreThe Influence of the Media in Shaping the Publics Understanding of Crime1878 Words   |  8 PagesThe Influence of the Media in Shaping the Publics Understanding of Crime With the rise of the mass media throughout the world, predominantly the Western world, the issue of media influence has become a serious one. Due to media’s primary obsession with crime and violence, it definitely has a negative influence on shaping peoples understanding of crime by exaggerating it. A branch of media which always exaggerates on some crime e.g. terrorist attacks then other crimes is Read MoreDiscuss the Influence of Press and Media in Shaping the Publics Fear About Crime. Use Examples from Recent Press and Media Coverage of Crime to Illustrate Your Answer.1861 Words   |  8 PagesDiscuss the influence of press and media in shaping the publics fear about crime. Use examples from recent press and media coverage of crime to illustrate your answer. An area that has caused much debate in criminology is the significance of the media and the effect is has on fear of crime. Fear of crime is very difficult to measure as there are different types of fear and also different levels of fear but it is believed that the press and media can influence an individual to think thatRead MoreMedias Influence on Crime in Postmodern Society970 Words   |  4 PagesHow do the Media Influence our understandings about crime in postmodern society? Can they also influence levels of crime? The media has a huge influence on how crime is presented and perceived. In fact, the media might even have an impact on crime prevalence and type. Reiner (2007) points out that hard scientific evidence shows that television viewing affects the ways children behave, and that children imitate violent images, (Reiner, 2007, p. 302). Based on this information, it is not justRead MoreHow The Media Shapes The Public Discourse Of Crime1344 Words   |  6 PagesAnalysis of How the Media Shapes the Public Discourse of Crime Whether through social media, televised news, or newspapers, most people are exposed to some sort of news media every day. It is the responsibility of the media to inform the public about what is happening in the world around us, and more often than not, that includes reporting crime. If the media is the source of our information, they have the power to influence our perception of that information. The media have the powerRead MoreCrime And The Victims Of Crime1627 Words   |  7 PagesAre those members of society who are most fearful of crime also most likely to become the victims of crime? Among society, there are many variances in people’s perceptions of safety and the threat of crime. This small essay will discuss whether members of society that are considered the most fearful of crime are accurate in their concerns and are also most likely to become victims of committed crimes. The fear of crime refers specifically to the fear and anxiety a person may feel resulting fromRead MoreMedia and the Criminal Justice System1533 Words   |  7 PagesMedia has a strong influence on today s society and the criminal justice system. Interaction with the media continues to create problems in overcoming the racial disparities in this nation, due to crime that is committed by ethnic minorities in the media increasing racial stereotypes. Media also has a great influence and disadvantages regarding high profile criminal cases, affecting the way Americans view the criminal justice system. High exposure to the news and entertainment media has been