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***BUSINESS LAW*** Please discuss the following 3 topics 1. Discuss trademarks and trademark infringement. 2. Discuss trade names, service marks, and collective marks and post an example of each. 3. Discuss copyrights, copyright law, and copyright protection. *** There is NO required word count, this is just a discussion so possibly a couple sentences for each topic. Just as long as each is explained. *** No required format, a simple word document is good. Please use websites for reference from the USA. I have also attached a PDF document with information.
Why do you think we need both the federal and the state courts?
How do societal expectations, in combination with early-age biological maturity, contribute to the possibility of juvenile delinquency? According to Terrie Moffitt's two-path biosocial theory of criminality, why do some juvenile delinquents become life-long offenders while others do not?
Assignment - Draft Factual Background Section of the Position Statement: JCF's Response to Complainant's Charge. Due: February 6, 2017 Page Limit: Maximum of 2 pages single space Charge of Discrimination: I, Cami Smith worked as a correctional officer at the Indiana Department of Correction's Jasper Correctional Facility. I was employed there from September 2011 through December 2016. I asked to transfer from the third shift to the second shift, but was denied the transfer because it was a "male" position. I believe that the denial of my transfer was discriminatory on the basis of my gender, in violation of Title VII of the Civil Rights Act of 1964. I further believe that Jasper Correctional Facility's identification of certain positions as "male" positions had a disparate impact on me due to my gender. 1 Summary of Investigation Jasper Correctional Facility ("JCF") is a minimum security male prison facility within the Indiana Department of Correction ("IDC"). At all times between 2000 and today, JCF has housed between 170 and 200 inmates and employed 34 custodial staff. In 2016, of the 34-custodial staff, 24 were male. There are three shifts at JCF: first shift, midnight to 8:00 a.m.; second shift, 8:00 a.m. to 4:00 p.m. and third shift, 4:00 p.m. to 12:00 a.m. There are five correctional officers scheduled to work each shift. Schedules are set monthly. Correctional officers generally work for six days straight and then two days off. In addition to correctional officers, JCF employs road crew officers and utility officers who work Monday through Friday from 8:00 to 4:00 p.m. Road crew officers accompany inmates who work outside the facility during the day, utility officers assist road crew with supervision, and also help strip search inmates when they return to the facility. Lieutenant Bill Wishmeir has been responsible for scheduling at JCF since 1999. Prior to 1999, Lt. Wishmeir worked as a correctional officer. Notes from Cami Smith's personnel file Employment Application -- requested to work days, but agreed to work any shift she was assigned. From hire date to resignation date she worked third shift. Occasionally filled in for other shifts, and also worked overtime on other shifts. Performance Evaluations -- conducted every year and always received either a "meets expectation" or "exceeds expectations." Her attendance was good, with only 3 tardies. She received a written warning in 2013 for inappropriate conduct with an inmate. She received written warning in 2015 for the use of excessive force when she elbowed an inmate in the stomach when he refused to get back in line. In November of 2016 asked to be moved to second shift. Request was denied. Lt. Wishmeir specifically noted only a "male" position was open on second shift at that time. In November of 2016, Cami sent an email to Lt Wishmeir saying that officers who worked on second shift were getting more overtime opportunities than those working first or third shifts. She received no response to her complaint. In December of 2016, Cami sent Lt. Wishmeir an email requesting to switch to first shift. Lt Wishmeir again responded denying her request, telling her only a "male" position was open at that time. Lt Wishmeir further stated that he believed there may be a second shift position available in February and depending on her seniority he may be able to give that to her. Cami voluntary resigned her position on December 22 to spend more time with her 12-year-old daughter. 2 Notes from Interview with Bill Wishmeir Bill never scheduled more than three female officers on any single shift. When he first started scheduling he had problems because if a male officer was absent he would have an all-female staff which would conflict with policy on searches and seizures. He does not remember how many times this occurred, but believes it was more than 5 less than 10. He would then need to have a male staff member work overtime to avoid an all-female shift. According to Bill, his scheduling practice ensures the male inmates' right to privacy by limiting the possibility of cross-gender strip searches to emergency situations only per the IDOC policy. It also protects female offices from violating the policy. Bill did not conduct any studies on how frequently strip searches were required on each shift, nor did he review logs of strip searches to determine how frequently they were conducted prior to creating his practice. He also did not talk to the prior scheduling Lt. to determine how he handled the situation. Bill believed that based on his experience, his policy of limiting any one shift to three females was the best practice considering inmates' rights to be free from cross-gender searches. It was not his experience that female officers were less likely to get their desired shifts than males. In fact, in 2014, he received a request to change shifts from Melanie Brie and was able to accommodate her request. In November of 2016, a position became open on second shift because Curt Larkin was retiring. Three correctional officers requested the transfer: Mike Cool, Cami Smith and Alberto Vasquez. Mike Cool was given the transfer because he was a man and Bill already had three women at any given time on second shift. Mike also had more seniority than Alberto. Second shift is the most desirable shift and generally the correctional officers with the most seniority are placed on that shift if that is what they request. In 2016, second shift was staffed as follows: Jenny Sugden - 15 years as a correctional officer; Don Archer - 20 years as a correctional officer; Mike Cool - 9 years as a correctional officer (moved to this shift in November of 2016 after Curt Larkin retired after 30 years as a correctional officer), Beth Ware 22 years as a correctional officer; John Splawn - 12 years as a correctional officer; Danielle Hayes - 14 years as a correctional officer. Ms. Ware has indicated that she will be retiring in February of 2017. Bill received Cami's complaint in November of 2016 regarding overtime opportunities, but he knew she was just mad she did not get the transfer and he ignored it. Notes from Interview with Superintendent Jay Irons Jay has been Superintendent of JCF since 1995. He does not handle scheduling at all, including who works on what shifts. JCF has been subject to six lawsuits since 1995 involving inmates' alleged violations of right to privacy. Each lawsuit dealt with cross-gender strip searches. Each lawsuit was dismissed. 3 Over the past 10 years, at least three correctional officers were injured by inmates. In 2008, a male correctional officer's nose was broken when he slammed into the wall by an inmate. In 2010, a female correctional officer was hospitalized after she was severely beaten by two male inmates. In 2014, a male correctional officer was stabbed in the throat by an inmate. As the superintendent, Jay does not decide what policies govern employment. Since JCF is a division of the Indiana Department of Corrections, all policies are created by IDOC and implemented by JCF. A correctional officer's seniority is determined by how long they have worked in total for IDOC, not just how long they have worked for JCF. On or about September of 2016, Jay received an anonymous complaint that two correctional officers, Mike Cool and Cami Smith, were engaging in inappropriate conduct while on duty. An investigation was completed and the allegations were unsubstantiated. Notes from Interview with Correctional Officer Mike Cool Mike has been employed by JCF since 2013. He transferred to JCF from the Bedford Correctional Facility where he started working as a correctional officer in about 2008. He transferred to JCF to be closer to home. His wife died in 2013 and he needed to be closer to home for his kids. When he transferred to JCF he started on third shift, but was able to transfer to second shift in November when Curt Larkin retired. Performance Evaluations - was given a Performance Evaluation every year and every year given an exceeds expectations. In 2012 was given the Governor's Medal of Service when he performed an emergency tracheotomy on an inmate who was choking on a piece of meat. Notes from Interview with Correctional Officer Alberto Vasquez Alberto has been employed by JCCF since 2014 as a correctional officer. He has always worked first shift. His performance evaluations have always been meets expectations. He has had multiple attendance problems, which he claims is based on the fact that he does not have reliable transportation. He has received verbal warnings regarding attendance, but not written warnings. He asked to transfer to second shift in November of 2016 so he could start taking the bus to work. His transfer request was denied. He was told the request was denied because he did not have seniority. He understood and believes this was a fair reason. He believes a position will be open on second shift in February of 2017, and he is hopeful he will get a transfer then. 4 Notes from Interview with Correctional Officer Beth Ware Beth feels like she is treated fairly. Has never been treated differently because she is a woman. She worked on first shift for 9 years before she could transfer to second shift. She requested to transfer to second shift on multiple occasions, but was generally denied due to seniority issues. She does not believe she was ever told she was not being transferred because she was a woman, but she would understand it if they said that. Beth has had excellent performance evaluations and no written warnings. Notes from Interview with Correctional Officer Lindsey Elfman Lindsey has been employed as a correctional officer since 2015. She works 3 rd shift and has never requested a transfer. No performance evaluations were completed. Received a written warning within her 90-introductory period for inappropriate language. Received a written warning in December of 2015 for excessive force when she dislocated an inmate's shoulder during a take down. Received a final written warning in June of 2016 for excessive force when she used an illegal hold and caused an inmate to lose consciousness. Lindsey states that Lt. Wishmeir is a chauvinist jerk. According to Lindsay, Lt. Wishmeir thinks women need to be protected and are not strong enough to be correctional officers. Cami told her Lt. Wishmeir denied her request to transfer shifts because she was a woman and Lindsey believes her. Lindsey knows that Mike Cool was transferred to second shift in November and he had not worked at JCF very long, and she thinks this is discriminatory. Interview Notes from Melanie Brie Melanie has worked at JCF as a correctional officer since 2006. She worked third shift from 2006 to 2014. In 2014, she requested a transfer to first shift so she could be home after school with her kids. Melanie's transfer request was granted. There were only two other women regularly scheduled on first shift at that time, and no one else applied for the open position. Melanie has always received "exceeds expectations" on her performance evaluations. She has never received any written warnings. She did receive a verbal warning for wearing nonregulation socks with her uniform on one occasion in 2009. 5 IDOC's Equal Employment Opportunities Policy It is the policy of IDOC to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, age, disability, marital status, citizenship, or any other characteristic protected by law. IDOC prohibits any such discrimination or harassment. 6 IDOC Policy No. 0629 -"Searches and Shakedowns" PURPOSE This directive outlines procedure for searches of persons under the supervision of the Indiana Department of Corrections (IDOC). Contraband in correctional facilities presents a myriad of safety and security concerns for staff, inmates, volunteers, and visitors. In order to improve safety and security, it is necessary that corrections staff has the authority to conduct searches of persons and possessions entering the secure part of correctional facilities. POLICY It is the policy of the IDOC to promote the safety and security within state correctional facilities, and field offices, by conducting routine, random, and reasonable suspicion searches of all inmates, offenders, or any other person who may enter the secure part of a correctional facility. All searches shall be carried out in a professional manner, where the dignity of the person subjected to the search is maintained. Physical Searches of Person and Property and Drug Testing Observations a. Inmate strip searches, inmate pat searches, and drug testing observations, will be conducted by staff members of the same birth-sex, except when exigent circumstances exist; such as no male staff is on shift, or in an emergent situation when the search of an inmate is imperative to the safety and security of an inmate, or to the operations of a facility. b. Inmates who identify as transgendered or intersex will be pat searched by a staff member of the gender identified by the inmate on the Gender of Preference Form. Strip searches of inmates who identify as transgendered or intersex will be strip searched by an IDOC staff member who has the same current gender status as the inmate. In exigent circumstances, such as no male staff is on shift or in an emergent situation when the search of an inmate is imperative to the safety and security of an inmate, or to the operations of a facility, a staff member of any gender may conduct the search. Any employee conducting or observing a cross-gender search shall complete an incident report pursuant to IDOC Administrative Directive #405 Reporting Incidents. c. All strip searches must be observed by at least one other correctional officers. Correctional officers conducting or observing a strip search shall be of the same gender as the inmate subjected to the search except when exigent circumstances are such that delay would jeopardize the safety of the inmate, the officers, or to the safety and security of the facility. 7
This is legal brief assignment. Please follow the instructions.
In two seperate paragraphs, typed, double-spaced and in 12 font: 1) Define two scenerios; the first when "tactical" information that might be transmitted by police, fire or EMS personnel, second when "strategic" information might be transmitted by police, fire or EMS personnel. Give real-life examples for both scenerios! 2) Describe the difference between "vertical" and "horizontal" information? How is each used by the police, fire or EMS personnel? Give a real-life example for each!
When looking at the historical background and scope of Victimology it is evident that victims' roles have changes significantly since the early 1700s. After reading this article describe the role of the victim from colonial America to present day. Answer one or more of the following (citing both to your text readings and the attached article): What about this surprised you? Do Federal Judges have obligations to victims? Is so, what are they? Do attorneys have obligations to victims; what are they? Do you think this is necessary; why or why not?
Peter Wesley-Smith (author of book- legal order in Hong Kong ) suggests that the declaratory approach has two main limitations. What are they? What solutions does he offer to overcome the limitations? (Hint: He offers 5 possibilities) -in chapter 1 the content of the common law in
A 8-10 page paper (with references) on the differences in the rights of an accused person in a judicial system in which they are presumed innocent (as the US is designed), from a judicial system that does not necessarily make that presumption. This is in view of the Amanda Knox case and I need to use the EU joining requirements (in general) along with the Italian judicial system (in specifics). Note, the thesis states "not necessarily presume innocence." It does not state "guilty until proved innocent."
1. Most people have views that are strongly influenced and informed by philosophy, often without realizing it. Identify a view you have—whether on politics, religion, science, culture, or even the media and entertainment—that might be regarded as being related to philosophy. What kind of reasons do you have for holding that belief? What figure from the history of philosophy section do you think might have some views that are similar, or at least relevant, to your own? Explain why you chose that particular figure. 2. Many philosophers insist that our most strongly held beliefs should be examined and critically evaluated. Using the required text and outside sources, explain what philosophers mean when they say that beliefs need justification? What is the importance of subjecting our beliefs to critical scrutiny? What are the advantages of believing something without examining it? What are the disadvantages? Identify a specific belief you have that you think is worth defending, and then explain your reasons for holding that belief. Be sure to include logical reasoning as well as factual evidence in all your arguments. Write 500 word for each questions
NEWSPAPER ARTICLE ANALYSIS AND DISCUSSION Point Value: 25 points 1. Select a newspaper article (New York Times, Washington Post, Wall Street Journal, or other appropriate quality journalism cite) which addresses a current Employment Law topic. A good place to look would be in the business pages or an analysis of a Supreme Court decision. You have access to these newspapers free of charge through the University's library. You should select a news article and not an "opinion" piece. 2. Summarize the article. Ensure that you identify the source of the article and date in your summary. In addition, you should attach the article or provide a link to it so we can read the original article. The heading for your post should contain a short title that will entice other students to read your article. Do not simply "copy" large portions of the article. The writing skill of summarizing will be evaluated. 3. Identify and describe/explain any legal or ethical issue(s) and their relationship to the context of proper HR management 4. Discuss how the event/case/issue is relevant to the course. i.e. it addresses and expands on material discussed in a specific chapter etc. Be specific. 5. Discuss the implications of the current event and any legal and/or ethical issues in the context of employment in the domestic and/or global business environment.
The goal of corporate officers is to position their business entities in the marketplace to ensure optimal competitiveness. This goal applies whether the entity produces goods, services, or information, or whether the entity is an international conglomerate or a start-up venture. Management faces special challenges, for example, in the case of mergers. The challenge can be greater when units that span international boundaries merge. Human resource managers must always be aware of the influences, whether environmental, organizational, or individual, to lead their businesses through challenging times. In the following scenarios, your company has just been subsumed by a large multinational firm, Pomodoro, Ltd., a food and beverage industry giant. Your previous company, Thompson Snack Foods, manufactured and distributed snack foods in the southeast United States. Your product line included organic potato and corn chips, pretzels, and peanuts. You have been asked to stay on as HR manager, and you look forward to working with the new management team. Your new boss, recently transferred from the firm's offices in Brussels, has called a meeting for Monday morning. Scenarios 1. Develop a PowerPoint presentation for your new boss, the stateside director of operations, who has concerns about your firm's ability to comply with federal HR regulations. In your presentation, identify the HR unit's policies and procedures for keeping abreast of changes in HR laws. Describe in detail your sources for tracking the status of pending legislation as well as the provisions for complying with recently enacted laws. Your sources might include Web sites, HR-related organization memberships, magazines, and listservs. 2. Your boss has also requested information about the latest government regulations on sexual harassment. Conduct a Web search and then prepare a two-or-three-page memorandum for your boss outlining the procedures you recommend the firm adopt to reduce potential liability if charged with sexual harassment. 3. Your new boss has made it clear he wants the firm to comply with U.S. regulations. In addition, he wants to inform the firm's staff that a zero tolerance policy for harassment of any sort is in effect. Develop a PowerPoint presentation for use at a sexual harassment training seminar at your firm. Begin by defining harassment. Session attendees would include American and international employees. 4. On October 17, 2000, an immigration law titled the American Competitiveness in the Twenty-First Century Act was enacted. The high-tech industry heavily supported the provision that allowed H-1B employees to start work immediately. Research this law and develop a three-page position paper identifying the issues most important to your firm. Why was the high-tech industry so heavily invested in the bill's passage? Be sure to discuss thoroughly the pros and cons of the bill. 5. Develop a white paper defining the issues you believe most critical for HR managers to address. Then develop a training plan for a midsize manufacturing corporation (500?1,000 employees). For this exercise, simply list the courses by topic that you would include. As a follow-on exercise in subsequent modules, you will be asked to develop a full-blown training program plan for the firm.
Cite constitutional infringements during the Pre Independence tenure in South Africa's quest for freedom. Use Nelson Mandela as a key inclusion in your work.
Modern forensic science should make it impossible to commit murder and get away with it. But how easy would it be to outfox the detectives? With the help of top forensic scientists, and real-life murder investigations, we explore whether it's possible to commit a perfect murder. Interviewing a number of experts, the program examines this and many other types of murder, from poisonings to accidental deaths. They explain the techniques used to discover time and cause of death - revealing just how much can be unlocked from seemingly small amounts of information. Key specialists in their fields show how a genuine suicidal hanging can be distinguished from a murderous one and how just a few maggots can help identify the time of death. Prepare a 1-2 page essay on the theory that one can commit the perfect murder. Please consider where the perfect murder can be committed and how current forensic science plays a part in allowing the perfect murder to succeed or not. You may include any personal impressions of the video watched. Be sure to thoroughly review your essay prior to its submission and include in-text citations and references when appropriate.
Write a one to two page double-spaced essay comparing and contrasting Iowa's Sex Offender Registry (Internet link provided and identified as Research Project 3) and the registry of the state that you live in. If you live in Iowa, find another state's registry to compare and contrast. Please ensure that your name is included on the assignment submission and that all reference material utilized in the preparation of the assignment paper be properly referenced along with the proper punctuation illustrating quotes or the use of citations. http://www.iowasexoffender.com/