Saturday, February 29, 2020

A Division of Parody Productions Essay Example for Free

A Division of Parody Productions Essay ? Parody Productions, LLC is a company that sale his playing cards over the internet. The product portrays well-known players from a sports team’s history. The plaintiff in this suit, Ronald Swoboda, is included in the New York Mets Hero Deck. Swoboda claims that he has never given Parody permission to use his image. He further contends that through his attorney he sent Parody a cease and desist letter. Parody refused to stop selling cards with Swoboda’s name and images. In response, Swoboda filed the instant lawsuit to enjoin Parody from the continued use of his name and likeness and for damages for violating his right to publicity, and, alternatively, damages for unjust enrichment. The trial court sustained the exception of lack of personal jurisdiction and this appeal followed. 2. ISSUE: The issue is â€Å"Did Court of Appeal of Louisiana approve lack of personal jurisdiction of an internet merchandiser?† 3. DECISION: Affirmed Since 1945, technology has advanced to such a degree that it is possible for sellers to reach consumers in their homes worldwide. The onset of the Internet has created a lapse between the method of doing business in 1945 and the legal system’s ability to keep up with technology. The â€Å"purposeful availment† requirement for the exercise of personal jurisdiction over a nonresident defendant ensures that it will not be haled into a jurisdiction solely as a result of a random, fortuitous, or attenuated contact, or by the unilateral activity of another party or a third person. In Quality Design, the court ruled that Tuff Coat’s website was a passive one, whereby information about its product was provided, but actual sales were arranged via telephone or mail. A Division of Parody Productions. (2016, Sep 17).

Wednesday, February 12, 2020

Bullying and Cyber Bullying Research Paper Example | Topics and Well Written Essays - 2500 words

Bullying and Cyber Bullying - Research Paper Example It is quite possible that a number of parents remain unaware about the fact that their child is being bullied at school or in the neighborhood; as many children might not complain about being bullied. In other cases, where children do complain about being bullied, their parents, caregivers, or school teachers might not take such complaints seriously. Thus, it is important that parents should take interest in whatever is going on in the school lives of their children, so that if they detect any disturbing signs in them, they can address the issue instantly. Keeping in view the rapidly growing rates of bullying in school, it is imperative for the teachers and the parents not to ignore the complaints of children regarding bullying. â€Å"Use of the three criteria of intention, repetitiveness, and imbalance of power for classification of behaviour as bullying seems now to be well accepted among both researchers and practitioners (e.g. Smith & Brain, 2000)† (Jimerson 11). When children interact with each other, they act and respond according to their individual behaviors. In general, they can either show normal or hyper active, or sensitive, or aggressive behaviors, depending upon the type of situation they find themselves in. Bullying is such type of behavior that has three distinct qualities: intention, repetitiveness and imbalance of power. Bullying is definitely not an unintentional behavior. A bully intentionally hurts the other child by identifying his/her weakness or sensitivity. It is normal for children to fight or quarrel during playtime. Normally, their quarrels are resolved within no time and they start playing again. But in a situation where one child is intentionally hurting the other, then they both might be gradually adopting the roles of a bully and the bullied, respectively. Their quarrels would not settle on their own but would

Saturday, February 1, 2020

Resolving Matters of Externalities in Systematic Bargaining Assignment

Resolving Matters of Externalities in Systematic Bargaining - Assignment Example The legal framework and procedure that should be followed to resolve the potential or existing dispute between the firms or other parties to an externality are critical (Kaul, 1999). It is therefore important that strategic tools are put in place and surrounding factors captured in settling the affecting individuals.There are legal frameworks that guide the bargaining power of the affected parties when it comes to externalities.It is therefore important that strategic tools are put in place and surrounding factors captured in settling the affecting individuals.The objective of this study would involve determining various forms of externalities that a firm presents to the society. It would also help in establishing whether there are diverse resolutions legal mechanisms to the affected individuals through systematic bargaining approach. Externalities have remained a critical aspect of the corporate world and its relationship with the members of the community (Kaul, 1999). The establishment of a legal bargaining process for the affected members is key in promoting the general welfare of the society by the firms. Besides, the outcomes of the research would provide information that would serve as a literature review in further future studies. Collecting relevant data and incorporating them into existing legal framework reforms would be an uphill task considering the deep political aspects of the corporate world. Besides, the research requires a significant amount of funds and time which poses a real challenge to the resolution mechanism establishment.