Abstract The paper examines the case of Kelo v. City of New London and reviews the competing interests, rights and responsibilities at issue in the case. Additionally, this paper examines the issues relating to property owners (who frequently fight a condemnation plan) in order to determine where should society place a premium and who is the primary beneficiary of this public policy. Finally, this paper also makes a conclusion about who benefits from eminent domain and asserts whether or not it is an appropriate policy.
From the Paper "The legal definition of eminent domain is the power of the federal or state government to take private property for a public purpose -- even if the property owner voices an objection. It is the Fifth Amendment to the United States Constitution that allows the government to take private property if the taking is for a public use and the owner is justly compensated (which typically means the owner is paid fair market value) for the loss. The definition of "public use" is broad and can mean virtually anything that is sanctioned by a federal or state legislative body. This means that eminent domain can be exercised in the creation of roads, parks, reservoirs, schools, reservoirs, hospitals or other public buildings. Eminent domain can also be utilized to take land away from citizen to benefit mainly private parties."
Abstract The paper focuses on a legal case from which an eminent domain event occurred in Los Angeles, California. The paper points out the inherent ethical dilemmas which arise in eminent domain cases and therefore concludes that eminent domain, while necessary, is also fraught with ethical problems. The paper offers the recommendation that all U.S. states conduct further research in this area.
Outline:
Objective of the Study
Background of the Study
The Issue
Los Angeles: Cases of Eminent Domain Summary of Review
Ethical Dilemmas
Conclusion
From the Paper "Eminent Domain is defined as the power held by a government, either federal, state, country or city and to include school and hospital district and other agency to secure private land for public use and this may be with or even without the permission or approval of the owner of the property. It is provided in the Fifth Amendment to the Constitution that 'private property [may not] be taken for public use without just compensation.' Added by the Fourteenth Amendment is the requirement of 'just compensation' when property is taken and involves a condemnation which includes a public need declaration, next followed by an appraisal, offer and negotiation. In the event the individual whose property is taken is not satisfied they may sue the government agency and have a court determine what is 'just' compensation."
Abstract This paper explains the legal standard for eminent domain that requires 'just' compensation to owners and that the property be intended for public use. The paper shows how there is a need to redress property owners with regard to either or both infringements of the constitutional stipulations of eminent domain. The paper also discusses the Homeowners' Freedom organization that is dedicated to the assertion of property rights of owners. Emphasis is placed on how eminent domain rulings were not intended to build malls, condominiums, and saturated housing projects to feed the tax base of any community by making a few people wealthy enough to add to the bottom dollar. The paper strongly believes that eminent domain needs to be continually put in check, and individuals need not feel as if they have no power to fight government decisions or desires.
From the Paper "Eminent domain rulings are frequently minimally damaging to property owners, as only small portions of land have been seized for government use, yet there are also many cases a year where a government entity, be it state, local or federal utilizes eminent domain laws to seize or purchase property that includes domestic residences. In such cases the municipality often has the upper hand, with regard to purchase price as they can dictate the purchase price at any level the individual is willing to accept or set the rate of purchase at the tax assessed value of the property, a rate that is usually significantly lower than the fair market value of the property. Additionally, the municipality may argue in favor of a purchase price determined by the value of the land itself, not including the improvements upon it, including homes and other buildings as the value becomes very limited once the announcement of eminent domain seizure has occurred."
An examination of the issue of trademark and the current domain name registration process, along with examples of recent legal cases of domain name abuse.
3,570 words (approx. 14.3 pages), 14 sources, 2001, $ 99.95
Abstract This paper discuss the problem of cyber squatting along with specific legislation and organizations' rights over their business identity. The issue of trademark is examined and the current domain name registration process is analyzed. Examples are stated involving recent legal cases of domain name abuse.
Abstract "Trademarks and domain names are a poor fit. One admits many users to a particular space, the other admits only one,? says Diane Cabell of the Berkman Center for Internet and Society at the Harvard Law School. The paper critically examines this statement, while explaining how trademark and domain names disputes are resolved currently. The current practices involving cyberspace disputes are analyzed in terms of fairness and allocation of Internet resources of businesses. The paper also examines whether trademark laws should be applicable for resolving trademark and domain name disputes in cyberspace. Related case studies are highlighted and discussed.
From the Paper "When an individual applies for a trademark, the trademarks are subjected to restrictions before they can be registered. Domain names on the other hand are on a first-come first serve basis. There is no legislation over what can be registered. Domain name applicants don?t need to show that they are the rightful owners and that means anyone can register any available domain name. It is much like the Wild West where the fastest and strongest will be able to register that particular domain name. Given such anarchy in cyberspace, it shows the inherent difficulty in governance."
Abstract This paper presents several example cases and recent Supreme Court decisions, which show that eminent domain may have been a valuable tool in the past but it is outmoded and unwarranted today. The author points out that it is used as a tool to benefit the wealthy and powerful at the expense of the powerless and poor because the rates paid for eminent domain properties are often far less than market value and the states and federal government are abusing the power the Constitution gave them. The paper stresses that the eminent domain laws need to be overhauled or repealed, so that every property owner in America does not have to worry that someday the local government will swoop down and take their property, leaving them with little in return.
From the Paper "The New London case is only the most recent case in a long line of eminent domain cases that have become increasingly valuable to developers and cities, at the expense of small property owners. In another landmark case in Detroit, Michigan, an entire city neighborhood went under the wrecking ball when industry giant General Motors (GM) wanted to build a new plant to build Cadillacs. Calling the plan an economic development project, the city eventually destroyed over 1,000 homes, along with 600 businesses and churches in the Poletown neighborhood so GM could create its assembly plant. Many opponents of eminent domain use this case to illustrate one of the major problems with these projects. Often, they do not live up to the potential they promised the city."
Tags: outmoded, private-property, constitution, supreme-court, state
Abstract This paper discusses the concept of eminent domain, which allows the government to take property for a lower cost, for a "greater good," such as building a highway. The paper focuses on the case of Kelo v. City of New London, in which the Supreme Court decided on June 23, 2005, that the city could take private residential property as part of a redevelopment plan.
Table of Contents:
Explanation Of "Eminent Domain"
Facts of Kelo v. City of New London
Court's Rationale In Kelo V. New London
Social Context Of Case
Conclusions
From the Paper "Kelo v. New London established that eminent domain power on the part of the government can be utilized even to encourage private developments that are beneficial to the bottom line of the city. That "bottom line" might include the increased tax revenues, but also can be interpreted to mean a more attractive neighborhood, newer buildings, or an encouragement of new businesses. Observers have criticized the ruling as giving excessive power to the government to control individual citizens' property; the fact that the decision was 5-4 demonstrates the split nature of opinion on this issue, both in the public as well as in the courts."
Abstract The paper explains the principle of eminent domain that variance, access and public projects for the good of the whole must take precedence over private property rights. The paper examines the US constitutional stand on eminent domain and looks at various national rulings that have taken place over the years. The paper discusses the losses often sustained by property owners and contends that municipalities, states and the federal government need to pay much more close attention to due compensation and be willing to pay a fair property value. The paper concludes with the hope that the public will become more conscious of the need to make more informed decisions about the rights of the individual.
From the Paper "Eminent domain is one of the most controversial, yet necessary issues that communities and courts face today. Variance, access and public projects for the good of the whole must take precedence over private property rights. Yet such property rights losses as can occur though the demands of eminent domain can literally bankrupt individuals, families and businesses, with regard to loss of property value, property usage or loss of property itself."
Abstract This paper briefly examines the positive and the negative status of the law in respect to domain names. The status of intellectual property rights within technology is complex, but legislation is working to smooth out any inapplicable or ill-intentioned problems.
Abstract This study presents the indication that the virtual classroom is becoming a female domain and that educators need to take a serious and wary approach to accepting claims of ensured democratic participation in computer-mediated communication (CMC) environments.
Table of Contents
Objective
Introduction
Importance of Research
Purpose of the Study
Literature Review
Summary
From the Paper "Online educational attainment is a trend that is growing and is projected to continue to grow. Various types of learning have been integrated into today's educational institution. "Distance learning" is the term, which refers to the virtual classroom that is an online class structure in which individuals may earn a college degree of many types. Dramatic shifts have occurred in the demographics and instructional delivery strategies which are changing the face of higher educational institutions. Adult students are the new majority which has led to a new focus for colleges and universities as they have turned their attention toward the specific characteristics and needs of this group which has created a new boom in virtual learning."
Abstract This paper provides a discussion of the application domains that are typically associated with the small, communicating computer systems class, and how this operating system design has been impacted by the requirements of these application domains. A summary of the research is provided in the conclusion. Includes annotated bibliography.
Introduction
Particular Requirements of this Application Domain How These Requirements Impact the OS Designs for the Small, Communicating Computer Systems Class
Conclusion
From the Paper "Computers continue to get smaller and the evolution of processing speeds is following Moore's Law. It is reasonable to assume that at some point in the foreseeable future, the desktop computer may simply become a thing of the past. Increasingly, mobile communications devices are being used to develop informal "networks" of friends, co-workers and family members. As a result, the use of small, communicating computer systems, mostly in wireless configurations, is becoming an increasingly popular alternative to older (i.e., a few years) computer systems that do not provide the same level of flexibility and functionality for a company's growing information technology needs today. Identifying current and future trends in this environment, then, assumes a new level of importance for companies seeking to maximize their return on their scarce IT resources, as well as for consumers who are seeking to identify the most appropriate wireless tool for their needs today."
Abstract Cyber-squatting is the practice of registering a domain name on the internet, solely with the desire to make a profit off of someone else's established name and reputation. This paper discusses the legal complications of cyber-squatting and explains the legal protection that webmasters have against cyber-squatting. The paper discusses laws such as the Lanham Act, the Federal Trademark Dilution Act, Anti-Cyber-squatting Consumer Protection Act and the Uniform Domain Name Dispute Policy. The paper reveals the loopholes which are found with the laws and the nature of the internet. Finally, the paper maps out all possible preventions and solutions that webmasters should consider once they have become a victim of cyber-squatting.
From the Paper "There are many forms of cybersquatting. The most popular way a cybersquatter will strike occurs when he or she buys a trademarked word to use as a domain name. The reason that the squatter does this is to motivate the mark owner to offer to purchase the domain name from him or her. An easy way to spot this is if the website is "Under Construction" for a long time (Domain Names and Trademark Law). Usually squatters of this kind will wait to have the mark owner find the domain name and complain. The squatter will then offer a solution to satisfy both their needs by selling it to them."
A discussion on whether the Internet Corporation for Assigned Names and Numbers (ICANN) should be allowed to continue managing the Internet's infrastructure, or whether an alternative group, such as the United Nations, should take over.
Abstract This paper discusses the history of the Domain Name System and ICANN before analyzing the arguments both for and against ICANN control. The paper goes on to consider the strength of the United Nations as an alternative. It is concluded that there is little evidence that the United Nations has the desire or capacity to take over control of the Internet. Therefore on the final analysis of the evidence, it is proposed that the Internet Corporation for Assigned Names and Numbers (ICANN) be allowed to continue managing the Internet's infrastructure. However, it is noted that for ICANN to be successful in the future it must undergo a series of reforms, including a strong separation from the United States government, in order to make it a more accountable and internationally representative corporation.
Outline
Introduction
The Debate
History of ICANN
Concerns with Who Controls the Domain Name System (DNS)
The Case for the Continuation of ICANN Control
Should the United Nations Take Control?
Conclusion
From the Paper "Whilst the Internet was created by the United States and has its historical management strongly linked to the United States, since the opening of the network to commercial interests in 1995 the internet had existed in an International system and as a global resource, and thus must be seen in this context. In order to better understand the current situation and debate surrounding the management of the internet this essay will analyse the information and literature being produced from a range of academics, government and non-government organisations, and will then assess whether ICANN should maintain control or whether the United Nations should, in its capacity as a multi-governmental institution, take over the responsibilities of managing the internet currently entrusted to ICANN."
Tags: internet, ICANN, Domain Name System, DNS, US control
Abstract In this essay, the writer examines the fairness of the outcome of the Kelo case. The writer explains that this is a controversial case questioning whether the government's eminent domain power could be used to help private parties take private homes, land and businesses for private commercial development. The writer notes that the court approved the exercise of the power on behalf of a private party, which is a decision largely criticized by individuals, politicians and organizations across the country. The writer concludes that providing a more "just" measure of compensation would leave the final decision about when to exercise the eminent domain power in the hands of local elected officials who are politically accountable to local citizens.
Outline:
Introduction
The Kelo Decision
Reactions to the Decision
Definitions and Meanings
Conclusion
From the Paper "While critics have every right to push Congress to enact legislation that will "protect" the property rights that they believe the Kelo decision took away, it is important to understand what exactly the Kelo decision did and did not do."
"As a result of this case, the public largely criticized political leaders, saying that the Kelo case favors the rich at the expense of the poor. In addition, many argue that the developments often offer little benefit to the communities they promise to improve. Since the case, numerous states have implemented state legislation that restricts the state's own power of eminent domain. The Supreme Courts of Illinois, Michigan, Ohio and Georgia do not allow such takings under their state constitutions."
Abstract This paper discusses the factors which effect U.S. domestic policy making. This decision making process is coordinated with the Domestic Policy Council (DPC). The writer examines the important role of this council. The paper also briefly discusses a few contemporary issues being dealt with by the council - bankruptcy, environmental law, nuclear energy, internet domain names and fisheries.
From the Paper "Coordinated by the Domestic Policy Council (DPC), the domestic policy-making process in the White House offers policy advice to the President. This Council in addition works to make certain that the proposal of domestic policy are synchronized as well as constant throughout federal agencies. Furthermore, the execution of these domestic policies is also supervised, where the President's priorities to other branches of government is signified by the DPC (Domestic Policy Council)."
