This paper discusses business law in relation to abandoned property by the federal government.
Essay # 73078 |
904 words (
approx. 3.6 pages ) |
3 sources |
MLA | 2004
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$ 19.95
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Abstract
This paper examines business law regarding abandoned property by the federal government.
From the Paper
"According to Todd Stimmel, writing in "Business Credit," abandoned property is property of which the owner has intentionally given up possession under circumstances evincing intent to give up ownership. Abandonment means the owner intentionally placed the property out of his possession with the intent to relinquish ownership of it. A finder who takes possession with the intent to claim ownership acquires ownership rights to the property. The owner who abandoned the property has no further rights to it."
Tags:abandoned property, disguard, business law, business, navy, lost, law
Looks at the case study of the United States naval aircraft that crashed off in 1943, which led to an interpretation of laws relating to government property ownership.
Analytical Essay # 128376 |
2,545 words (
approx. 10.2 pages ) |
4 sources |
APA | 2006
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$ 46.95
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Abstract
This paper explains that the complexity of the special rules regarding the ownership of federal government property are demonstrated in the litigation of the case of the crash off the coast of Florida, on July 1, 1943, of a United States naval "Devastator" TBD-1 torpedo bomber. Next, the author reviews the events and facts associated with this litigation. The paper underscores the problems of dealing with property once own by the government because, as an example, this case resulted in a no-win situation for all parties involved.
Table of Contents:
'Special Rules'
Events and Facts Leading to Litigation
Sample of a Clause to Include in a Contract
From the Paper
"The majority of the group felt Mr. Champlin should have been reimbursed for monies spent in salvage attempts for the amount prior to when the United States 'effectively rejected' the salvage efforts in writing. Once he was 'officially' and expressly prohibited from further salvage actions, and continued, he knowingly and willfully was now breaking the law and shouldn't be reimbursed or compensated, but was even subject to criminal prosecution. As stated under Admiralty Law - the law of salvage in turn assumes that the property has an owner, in this case the government, who has not abandon it."
Tags:jurisdiction abandoned salvagers, duly authorized action, non-negotiable
This paper discusses the Supreme Court case "Barron v. Baltimore" which concerned the taking of private property and any protections against this afforded by the Fifth Amendment.
Essay # 90718 |
675 words (
approx. 2.7 pages ) |
3 sources |
2006
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$ 14.95
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Abstract
This paper discusses the Supreme Court case "Barron v. Baltimore" from 1833, decided by the Marshall Court, in which the issue was the applicability of the Fifth Amendment to the states as well as the federal government. The paper analyzes the Supreme Court decision in the case which found that the Fifth Amendment did not apply to the states as well as the federal government. The paper notes that this decision served as precedent for a century before being abandoned in the 1930s and that some thought applied to the entire Bill of Rights.
From the Paper
"An early decision regarding the taking of private property and any protections against this afforded by the Fifth Amendment was known as Barron v. Baltimore (32 U.S. 243, 1833). In this case, John Barron was part owner of a wharf in the city of Baltimore. The city was then expanding, and this caused the accumulation of large amounts of sand in the harbor, which deprived parts of the harbor of deep waters needed for certain types of shipping. The accumulation affected Barron and his business adversely, so he sued the city for part of his financial losses. The issue raised was not simply about the financial losses, however, for the case was based on the protections of the Fifth Amendment. According to that amendment, the federal government is prevented from taking private property for public use without just compensation for the owner of that property."
Tags:supreme, court, case
An overview of intellectual property rights and how they affect businesses.
Persuasive Essay # 68872 |
1,270 words (
approx. 5.1 pages ) |
6 sources |
MLA | 2006
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$ 25.95
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Abstract
Several countries, while ratifying the agreement with regard to establishment of the World Trade Organization, also ratified the inherent Agreement on Trade Related Aspects of Intellectual Property Rights. The paper shows that intellectual property rights can conveniently be divided into two main fields - copyrights (or rights related to copyright) and industrial policy. The paper explains that the safeguard of intellectual property is considered as a crucial factor for economic growth and advancement in the high technology sector; they are beneficial to business and assist the public as a whole. The paper shows, however, that several problems arise from the enforcement of intellectual property rights particularly with regards to ownership of information. These include copyrights, patents, trademarks, trade secrets, design rights and plant breeders' rights for which an alternative has to be found.
Paper Outline:
Abstract
Intellectual Property Rights
What are Intellectual Property Rights?
What National and Global Directives Govern their Enforcement?
What are the Implications for Business?
What Can/Should be Done?
References
From the Paper
"The intellectual property rights have been guaranteed by law and can conveniently be transferred, sold, authorized for rent and in some nations even mortgaged, in much the same way as physical property particularly real property. However, the rights have some confinements incorporating the limitations and other considerations of issues like their contradiction with the fundamental rights and the codified provisions in force. The legal issues involving intellectual property rights have two dimensions."
Tags:TRIPS, WTO, copyright, real, property, European, Community
Intellectual Property in Oral and Literate Cultures
Why intellectual property rights exist in literate cultures and do not exist in oral culture.
Essay # 6394 |
2,500 words (
approx. 10 pages ) |
11 sources |
MLA | 2001
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$ 45.95
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Abstract
This essay is an in-depth analysis of intellectual property law in an historical context. The specific history can be divided into two periods of cultural development, morality and literacy. The concept of intellectual property (individual ownership of creative work) was not present in oral cultures, but it is enshrined in law in literate cultures. This essay draws on the works of communications scholars like Walter Ong and Dan Lacy in order to establish these facts, and then proceeds to analyze them using one of Marshall McCluhan's most famous insights, that "the medium is the message." What this essay shows is that the medium of information preservation in oral cultures is fundamentally different than that of literate cultures. One medium supports the concept of intellectual property, and one does not. In other words, the medium determines the morals of the time. What is considered theft in literate culture is just sharing in oral culture. This examination of intellectual property in historical context is especially relevant today, with the current legal disputes over intellectual property in the music industry.
From the Paper
"At this moment in 2001, intellectual property is a hot topic. The right to own an idea is being debated in fields as disparate as medicine and the music industry. In historical context, however, intellectual property is a relatively new concept. The first modern copyright law only emerged in 1710 and the People's Republic of China did not have a copyright system until 1991. In contrast, the first known cave painting dates to 31,000 BC. Humans have been creating for thousands of years, but those expressions were only defined as personal property quite recently. The exact moment of this definition is still debated by experts: some say it came with the first copyright law, some say it began with the printing press in 1436, and others say that it emerged with "the artist with a markedly individual personality" in 6th century BC Greece (Ploman and Hamilton 5). Regardless of the specific point of division, copyright as we know it today was not present in ancient oral cultures (Bettig 11) and is not present in modern oral cultures like that of the Balinese (Ploman and Hamilton 4). Why the concept of intellectual property is evident in highly literate cultures and not in oral cultures can perhaps be best understood in terms of the social and political context of their respective historical periods. One explanation that emerges is that the chosen mediums of oral and literate cultures are qualitatively different and that each engenders a different set of social norms to guide intellectual production. What this paper seeks to do is to pursue this line of questioning by discerning what the medium was for each culture, analyzing the nature of each medium, and, finally, explaining how the medium determined whether or not the concept of intellectual property emerged."
Tags:copyright, intellectual, literacy, mccluhan, ong, orality, property
Description of intellectual property and how it is protected.
Descriptive Essay # 131443 |
750 words (
approx. 3 pages ) |
0 sources |
MLA |
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Abstract
This paper defines intellectual property and describes the rights that are ascribed to protect it. First, the paper defines intellectual property and activity, which might include a computer program, a book, a recording, an image, and so on. Then, it addresses the legal means for protecting these forms of property, such as through the use of a patent, a copyright, or a trademark. The paper then considers how intellectual property has changed in recent times with the increased use of computers and digital media.
From the Paper
"Human actions generally involve ethical concerns that color what choices are made and how other judge those choices, and this extends to the area of intellectual property rights as well. Many people think about the legal issues involved while ignoring the ethical rationale for those legal rules. Intellectual property rights are ascribed to property that is the product of intellectual activity, which might include a computer program, a book, a recording, an image, and so on. This type of right is legally protected by a patent, a copyright, or a trademark. The problem has increased in this era of computers and digital media because it has become so much..."
Tags:intellectual, property, rights
A case study reviewing a real property case and an intellectual property case.
Case Study # 89405 |
1,350 words (
approx. 5.4 pages ) |
3 sources |
2006
|
$ 27.95
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Abstract
This essay contains two case briefs, one for a real property case and one for an intellectual property case. Furthermore it answers six questions which the customer wanted included. The questions deal with real and intellectual property law.
From the Paper
"Facts: The city of New London, Connecticut was in need of economic revitalization so when the Pfizer corporation began to construct a new facility on the outskirts of a residential neighborhood, the city reactivated "the New London Development Corporation, a private entity under the control of the city government, to consider plans to redevelop the Fort Trumbull neighborhood and encourage new economic activities that might be brought by the Pfizer plant" (Kelo, 2006, p. 3). The corporation came up with a development plan which the city approved. The corporation offered to purchase the lots of Fort Trumbull which it would need, however some owners of the properties did not wish to sell."
Tags:real, intellectual, property
An analysis of property tax issues in Canada.
Analytical Essay # 130451 |
2,500 words (
approx. 10 pages ) |
0 sources |
MLA |
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$ 45.95
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Abstract
In this article, the writer notes that property tax in general, no matter the market, is generally a contentious issue. However, the writer points out that in Canada, where taxes average higher across the board than in many other developed markets, they are especially problematic. The writer discusses that in Canada, property taxes are usually determined by two factors, that are an overall tax rate which is determined by the local taxing authorities or the local municipal governments within the Provinces and a property's given value which is assessed by the local municipal assessing agency.
Tags:property, tax, issues
A look at how the field of intellectual property impacts the future of the legal profession and the writer's career plans.
Term Paper # 130220 |
750 words (
approx. 3 pages ) |
2 sources |
MLA |
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$ 16.95
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The paper discusses how as society moves more and more towards an internet-based economy, the need for intellectual property rights and for an ever-growing body of intellectual property rights law becomes more acute. The paper outlines how intellectual property law will change the practice of law as we know it - and how it has already determined this writer's future course.
Tags:intellectual, property, law
This paper examines three examples of governments that have developed successful market-oriented programs in which the services are paid for not by tax dollars but by the market.
Essay # 26143 |
1,480 words (
approx. 5.9 pages ) |
11 sources |
2002
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$ 29.95
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Abstract
This paper discusses three cases: The funding of infrastructure improvements without creating unfair taxation in a city government, the returning of delinquent and abandoned properties to the tax rolls in a county government and the application of user fees to resolve a regional pollution problem. The author believes that even the schools can be more market oriented.
Table of Contents
Introduction
Tallahassee Florida: Market Orientation on a City Level
Cuyahoga County, Ohio: Market Orientation at a County Level
SCAQMD: Market Orientation on a Regional Level
User Fees
From the Paper
"In doing this, Tallahassee was following the example of the Federal Government's user fees, which, according to a report to Congress generated more than $196.4 billion in revenues during FY 96. The fees were agricultural commodity grading fees, trademark registration fees, and park entrance fees- [and amounted to] 12 percent of all federal revenues collected...and was more than twice the amount collected from excise taxes, estate and gift taxes and customs duties combined. User fee collections have grown steadily since the early 1980s and have played several roles in the federal budget."
Tags:infrastructure, properties, pollution, schools, fees