Discuss at least two characteristics of victimization and the rate of violence within each (gender, age, race/ethnicity, LGBTQ, and HIV infected).
Category: Law
The Legality of Forwarding Email Messages: Copyright Infringement or Fair Use?
It is common practice for recipients of email messages to sometimes forward those messages to others. Does such forwarding constitute copyright infringement? In your answer, be sure to specify which, if any, of the exclusive rights may have been violated by the act of forwarding and whether the doctrine of fair use applies. What remedies, if any, might a successful plaintiff be able to obtain
Balancing Consumer Rights and Trademark Protection: The Legitimacy of Gripe Sites
Should dissatisfied consumers have the right to establish gripe sties that use the trademark of the offending company in the domain name? How likely is it that consumers will be confused as to the “origin, sponsorship, or approval” of the gripe site by the offending company? Whether or not you think that confusion is likely, should a gripe site be considered to tarnish the targeted company’s trademark and thereby violate the Federal Trademark Dilution Act? Why or why not?
Navigating the Hiring of a Competitor’s Employee: Considerations and Strategies for Start-Up CEOs
The CEO of a small but promising start-up company is in need of an experienced engineer to head up a key aspect of the business, and has selected Sam as a leading candidate. If hired, Sam would not only be exposed to the proprietary technology that already provides a significant advantage in the market, but would be tasked with developing additional proprietary information and software. Sam is currently an employee of XYZ Corp., a competitor of the start-up. What potential problems might the CEO want to consider? What steps could the CEO take to address these problems?
Strategies for Addressing Potential Patent Litigation in the Social Networking Industry
Chapter 6 noted that Friendster has obtained a number of social networking patents that it could potentially assert against other social networking sites such as Facebook and MySpace. Suppose you are corporate counsel at one of these two companies and you expect that you may eventually be sued by Friendster. In addition to contesting the validity or enforceability of the Friendster patents, what are some of your other options?
Ethical Considerations Surrounding the ‘Brunner Test’ for Student Loan Discharge
At the start of 2023, 45 million U.S. borrowers owed more than 51.76 trillion in outstanding student loan balances. Some suggest reducing the interest rates that can be charged to alleviate this massive debt and imposing student loan debt forgiveness after a certain period. Under certain conditions, borrowers can ask a bankruptcy court to discharge their student loan debts. To do so, under the ‘Brunner Test’ borrowers must show that:
• Based on current income and expenses, they cannot maintain a minimal standard of living.
• These circumstances are likely to last for a significant amount of time.
• They have made good
•faith efforts at repayment. Student loan forgiveness Is popular with the public; however, these strategies raise several ethical questions. Discussion Prompt Do you think the ‘Brunner Test’ is fair given that there are borrowers who have already paid off their student loans? Should consideration be made for students who paid off their loans or for students who had a low gpa? Is it fair to put taxpayers “on the hook” for such a large amount of unpaid student debt?
The Controversy Surrounding Gunshot Residue Analysis: Why Some Labs Have Ceased Offering the Service
Sometimes when someone is believed to have fired a gun, their hands will be tested for gunshot residues (GSR). Many labs have stopped offering this service. Why? Discuss the controversy around this analysis.
The Dilemma of Airsoft and Air Pistols: Should Crimes Committed with These Weapons Be Treated as Real Firearms?
There are many air-soft and air pistols on the market today that look like real firearms. Do you think that when people commit crimes with these types of weapons they should be charged as if they had a “real” firearm?
The Admissibility of Eric Cartman’s Statement to Police and the Potential Challenges
Eric Cartman was angry. He was angry at his friends, his parents, his teachers; he was angry at the world. But then he was always acting angry. Eric was interested in guns, bombs, war, and other types of violence. He often claimed anyone could build a bomb, it was easy with the internet. One day Dean Hanky of South Park University (SPU) received an anonymous call that there was a bomb on campus. Dean Hanky was concerned because the bomb could be in a dorm, a classroom building, or anywhere else. Could they find it or evacuate in time? He immediately called the local police. He told the police he did not have any information on the caller, but he suspected Eric Cartman. The police arrived and as part of their response they grabbed Cartman out of class, placed him in handcuffs, took him to the station, and questioned him. Pressed for time, they chose not to read him his rights. They kept telling him they knew it was him and demanded he tell them where the bomb was. For the first time in his life, Cartman felt intimidated. After some time had passed, he told the police he had made the call, but there was no bomb. He was just angry and wanted to disrupt things. In Cartman’s trial, could the prosecution use his statement to police? Could he successfully challenge its admission? What about false confession?
Case Brief: Ex Parte Quirin
Write a Case Brief of the U.S. Supreme Court case, Ex Parte Quirin, following the IRAC format. This Case Brief: Ex Parte Quirin Assignment will help further develop your analytical skills as well as familiarize you with important Supreme Court cases.