Critically discuss this statement and provide your personal opinion on whether and to what extent Intellectual Property Law should or should not be considered a Human Right and on the consequences of adopting a view instead of another.

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‘The inclusion in the human rights debate of a relatively trivial item like intellectual
property protection would undermine the claim that human rights are of
fundamental importance to humanity.’
P.K. Yu, Ten Common Questions about Intellectual Property Rights’ (2006-7) 23
Georgia State University Law Review 709, pp 713-714.
Critically discuss this statement and provide your personal opinion on whether and
to what extent Intellectual Property Law should or should not be considered a
Human Right and on the consequences of adopting a view instead of another.
Support your argument by making reference to the relevant sources. Add as much sources as needed, even if more than 10.

What do you think the consequences are of having one or two parties self-represented to the case outcome and the court process?

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Our judicial system is known as an ‘adversarial’ one in most instances. There are two sides representing the interests of the state or plaintiff and the interests of the defendant. As you may imagine, the law is complex as is the process to access justice. This is why there are lawyers, people who specialize and receive extensive, ongoing training in legal practice. Not only is knowledge of the law, statutes, case law, and the language of the law necessary, many lay people are not familiar with the process to begin with. This is one of the reasons why defendants in criminal cases are legally entitled to zealous representation in their case.

Additionally, attorneys can be expensive, billing upwards of several hundred dollars per hour. Legal fees associated with a case can run thousands of dollars, including the court administration costs, paralegal research costs, materials, among other expenses. Some cases are fairly simple matters and may not require a comprehensive understanding of the law or process, so many people choose to represent themselves, such as in small claims court cases. A number of people choose to self-represent in family law cases, though that type of law is arguably more complex. There is a Constitutional right to zealous representation for defendants in criminal cases during their original trial and one appeal, but this right does not apply in civil cases. An inexperienced lawyer or self-represented person may unduly clutter the court docket with meritless filings, incorrect pleadings, or otherwise, in good faith or otherwise. This can cost precious resources for the courts and may not provide ‘fair’ access to justice in the eyes of the litigants.

With this in mind, do you believe that people should be allowed to self-represent? Do you think that there should be more resources dedicated to helping self-represented people participate in the judicial process (short of appointing them an attorney)? What kind of resources might those be? What do you think the consequences are of having one or two parties self-represented to the case outcome and the court process? What do you believe the benefits might be?

Discuss your rationale in no fewer than 400 words (just shy of two double-spaced pages).

 

To what extent do you agree with Lord Toulson’s remark about the evolution of the duty of care?

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Speaking about the duty of care in Michael and Others v Chief Constable of South Wales Police and Another [2015] UKSC 2, Lord Toulson remarked that ‘[f]rom time to time the courts have looked for some universal formula or yardstick [for determining whether a duty of care is owed], but the quest has been elusive’ [103].

To what extent do you agree with Lord Toulson’s remark about the evolution of the duty of care?

Critically analyse how communities are policed including effective partnerships and engagement. 

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  1. Individual presentation (mini project) 50%

The individual presentation of a mini project will assess learning outcomes 1 and 4.  You will choose a case study related to an aspect of public protection policing, evaluate and interpret the case study and present the findings in a power point presentation with voiceover.

Time allowed for presentation = 10 minutes

  1. Reflective journal 50%

The reflective diary will allow you to critically analyse how communities are policed including effective partnerships and engagement. You will show understanding of the topic and ability to critically consider how this could be viewed within the concepts of ethics, equality, diversity and human rights. This assessment will address learning outcomes 1, 2 and 3.

Write 2000 words on a comparison between Canada and India with how sub-national units (i.e. provinces) can and should be held accountable for breaching investment treatifktes that the state entered into.

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Please write 2000 words on a comparison between Canada and India with how sub-national units (i.e. provinces) can and should be held accountable for breaching investment treatifktes that the state entered into.

Please use relevant legislations and at least three legal cases to explain the principle of utmost good faith under marine insurance law.

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Choose and answer only ONE out of the TWO questions.
1. Please use relevant legislations and at least three legal cases to explain the principle of utmost good faith under marine insurance law.

2. Please use relevant legislations and at least three legal cases to explain the rule of warranty under marine insurance law.

 

Does the death penalty deter crime? Why or why not?

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Dzhokhar Tsarnaev was sentenced to death on June 25, 2015, for his role in the Boston Marathon bombing. Based on the history and the use of the death penalty, what year do you believe Tsarnaev will actually be put to death?
Does the death penalty deter crime? Why or why not?
Which costs taxpayers more, sentencing someone to death or sentencing someone to life in prison?
Punishment is said to be most effective if it is sure and swift. Does the current use and implementation of the death penalty in the United States meet those criteria?
Why does it take so long to carry out a death sentenfktce in the United States?

Briefly explain in (100 words min) how the style(s) that you chose fit the needs of your particular essay.

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The Inverted Triangle, “Funnel Introduction”
The Narrative Introduction
The Interrogative Introduction
Mind the Gap/ Outlining the Niche Introduction
Think about the needs of your paper and write the introduction to your paper in one (or a combination) of these styles. After your introduction, briefly explain in (100 words min) how the style(s) that you chose fit the needs of your particular essay.

Please read the lecture on Body Paragraphs in Week Three. This reading defines key concepts of body paragraphs.

Strategies to Create Unity:

Topic Sentences
Repetition of Key Words
Transitions
Critical Strategies to Develop Paragraphs:

Examples and illustrations
Data
Analyze texts
Tell narratives or anecdotes
Define Terms
Make Comparisons
Write one body paragraph for your paper and try to use both concepts of unity, topic sentences and transitions, and at least one strategy for developing paragraphs. After submitting your assignment, post one body paragraph and respond to two of your classmates (100 words min) in the Discussion Board on how well they used these strategies or where they could use them more effectively.

Read the section on the four conclusion strategies on the Week three readings button. Write a conclusion to your paper that uses one or more of the four strategies listed:

So What? Explain Importance/ Synthesize.
Pose Questions for Future Research or Study/ What Now?
Echo the Introduction
Call to Action
Use Quotatiofktns to Amplify your Main Point

Zero Tolerance for school violence policy, is it targeting minorities?

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Zero Tolerance for school violence policy, is it targeting minorities?

Current Thesis: The zero-tolerance policy firmly abides by one-and-you’re-out, but is this policy being used to target minorities, disabled, and academically challenged students.

Fefktel free to change the thesis.

Critically evaluate whether you think English medical law should be reformed to Restrict the grounds on which abortion is legally permissible.

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1. English medical law faces many ethically controversial future directions for reform. Choosing a maximum of two from these below, critically evaluate whether you think English medical law should be reformed to:
• Restrict the grounds on which abortion is legally permissible.
• Give more respect to the autonomy of young people under the age of 18 to refuse potentially lifesaving medical treatment.
• Limit the grounds on which vulnerable individuals can take part in biomedical research.
• Make it harder for adult patients with mental capacity to refuse potentially lifesaving medical treatment.
• Permit people with serious mental health problems to create ‘Ulysses arrangements’ to apply to their future mental health treatment.
• Allow the option of physician assisted suicide for people in the advanced stages of terminal illness.
• Limit the binding effect of an advance decision at the time it is intended to apply.
Guidance notes for essay title 1:
This essay title requires you to offer your own reasoned argument as to whether or not English medical law should pursue one or possibly two of these potential directions for reform. By “critically evaluate whether you think …”, this essay title means whether you consider the direction for reform to be ethically justifiable. You should consider the question of ethical justifiability in terms of the ethical insights considered on the module that you find most compelling. These insights derive from medical ethics principles such as (but not limited to) patient autonomy, sanctity of life, medical paternalism, human dignity, vulnerability, etc. as appropriate to the question as well as from ethical theories such as rights theory, utilitarianism, virtue ethics, etc. that we have considered in the module.
To write a successful essay, you will need to devote sufficient space to carefully justifying why English law should or should not pursue the direction for reform you have chosen to discuss in your essay. This will also require some detailed engagement with counter-positions/counter-arguments. Your essay should advance a clear, reasoned and well-structured argument which supports your viewpoint. The introduction to the essay should specify clearly which potential areas for reform from this list you will be discussing, though it is not necessary to justify this choice.
For the avoidance of doubt, choosing to discuss one or two of these potential aims will make no difference in itself to the mark received. If you choose two, it is open to you to argue that one direction for reform should be pursued but not the other– or, alternatively, that both should be pursued or both not pursued. If you choose to discuss two areas for reform, these can be discussed separately within the essay (e.g. under two different sub headings), although it may deepen the analysis and evaluation if any obvious inter-relationships are considered between aspects of the ethical debate surrounding the two areas you have selected (e.g. those surrounding patient autonomy). However, it would be advisable for you to only focus on one rather than two of these directions for reform if you consider that the second would receive limited consideration in your essay.