Real property

Does Locke's concern with protection of property as one of the central purposes of civil society contradict his work in defense of universal human right. John Locke was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. “The Bible is one of the greatest blessings bestowed by God on the children of men. It has God for its author; salvation for its end, and truth without any mixture for its matter,” John Locke. John Locke influenced the…

I. Newsflash’s use of Schwarzenegger’s image and likeness will be protected under the fair use provision in California’s Right of Publicity because it does pass the transformative test for works of comment and criticism, but not under works of artistic expression. The main legislation pertinent to this case is the California Civil Code § 3344 (a) and (d), which states: (a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products,…

debated topic. In most cases, eminent domain is used to provide essential public goods while in other cases it has been used against private entities. Normally, when a unit of government wants to acquire private property the government attempts to negotiate the purchase of the property for fair value. If the landowner does not want to sell, the government can file a court action to exercise eminent domain, and serves or publishes notice of the hearing as required by law. The use, and at…

Nils Christie’s article, “Conflicts as Property” discusses modern legal systems and the issues and concerns he has with them. He suggests that highly industrialized societies have created a legal system where conflicts are being taken away from those who are directly involved. Christie states that legal professionals, specifically lawyers or as he refers to them—“professional thieves” — are treating conflicts as property. He argues that conflicts become property when they are converted into a…

another in his life, health, liberty or possessions…”(Locke, 1823, p. 107, para. 6), as such, he was aware that if everything is the common property of man, there was a need for a morally right method of determining ownership of God's “gifts” without causing conflict. Locke’s belief resulted in his theory which legitimizes possession/ownership and boundaries of property rights. We both interpreted the limits Locke places on the amount of resources man should acquire but now, I believe Locke…

In the fair use trial, Disney is competing with professor Faden over his “A Fair(y) use Tale” Movie. In this movie Professor Faden uses little pieces of Disney's work to create a film about fair use. We should use the four factors of fair use to find the answer to our problem. The first factor of fair use is the purpose and character of the use. I think this is done correctly. He stated that “the purpose of this work is to entertain people, and educate viewers about fair use principles”.When I…

Imagine you work hard your entire life to purchase your dream beach property with plans to build your beach home off of coastal South Carolina, only the properties you purchased to make your dreams come true, turn into a nightmare. What caused your dreams to change from delightful imaginings to legal nightmares? What where the politics in the conflicting sides of this legal nightmare, and the social interests? Finally, after a long fought legal battle does the meaning of “taking” significantly…

government to extract one’s own property for communal operations in exchange for a reward. The just compensation clause in the Fifth Amendment of the Constitution grants its use in the United States. Though the legality of eminent domain is honest, citizens are still susceptible to this inequitable act of tyranny. First, the government will select the property they want to utilize. Next, a meeting is assembled between a member of the government and the owner of the property to discuss an…

Capitalism and Communism are both economic systems that are still being used today. Although there are pros to both economic systems, there are also cons to both as well. Capitalism is still used in America today while Communism is used in North Korea. Even though these two systems are very different they still meet the needs of people that use them, but they do so in completely different ways and methods. In the economic system of Capitalism, there is no interference by the government. “The…

composers, and/or the creator of this image or intellectual property, as well as the one who wants to download this composition, no matter the reason. There are exceptions, such as teaching purposes, ‘fair use’, 'public domain ', as well as for librarians. Ethics and legal concerns need to be considered prior to clicking the ‘download’ prompt. Although visual media is at our fingertips, photographs, and other intellectual property, though beneficial, are usually protected by a copyright;…