Q: What do you call a lawyer with an IQ of 100?
A: Your Honor.
Q: What do you call a lawyer with an IQ of 50
A: Senator.
Q: What' the difference between a lawyer and a boxing referee?
A: A boxing referee doesn't get paid more for a longer fight.
Q: How does an attorney sleep?
A: First he lies on one side, then he lies on the other.
Q: What's the difference between a lawyer and a liar?
A: The pronunciation.
Q: How many law professors does it take to change a light bulb?
A: Hell, you need 250 just to lobby for the research grant.
Source.
Thursday, December 5, 2013
Thursday, November 21, 2013
Your Own Argument and Opinions
I did not initially agree with much of the red tape concerning something as simple as taking a photograph, although I understood the litigations behind it all. The heart of my passion for photography has always resided in photojournalism, and although I do enjoy fun photo shoots just as much as the next photographer, I would be much more content simply documenting the world as it unfolds and reporting it back to the people. However, it’s not nearly that simple, and anything in enjoyable in life rarely is. “On the one hand, the owner can produce and sell unlimited copies of, say, a software program; but on the other hand, the owner has no easy way to determine if someone is using the program for free.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) Although many people do not obey the laws of copyright or the constraints of fair use, these laws are put in place to – get this! – actually help.
Artists, writers, musicians, and inventors of the world need these laws in place to protect themselves as well as what they’re sharing with the rest of us. “Some commentators suggest that the United States has been a technological leader partly because its laws have always provided strong protection for intellectual property.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) I am the type of personality that flourishes on fact and logic versus emotions and dreams, but even I can become weighed down with the enormity of the technicalities involved with law and business – especially as an art type! It’s difficult to find this subject matter appetizing in any shape or form, but it is necessary, and sometimes what is best for us isn’t the most inspiring of things. It is these particular laws, however, that allow us to be creative without penalty or at the expense of someone else. “The Anticybersquatting Consumer Protection Act permits both trademark owners and famous people to sue anyone who registers their name as a domain name in ‘bad faith.’” (Introduction to Business Law, Beatty/Samuelson, pg. 512) There will always be some form of theft online because it is unavoidable and because many people do not know that they are violating any laws, but that is where it is our responsibility as professionals and creators to not only know the laws, but to educate others and to enforce those laws – because we may not always be able to rely on lawyers to do the work for us.
Artists, writers, musicians, and inventors of the world need these laws in place to protect themselves as well as what they’re sharing with the rest of us. “Some commentators suggest that the United States has been a technological leader partly because its laws have always provided strong protection for intellectual property.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) I am the type of personality that flourishes on fact and logic versus emotions and dreams, but even I can become weighed down with the enormity of the technicalities involved with law and business – especially as an art type! It’s difficult to find this subject matter appetizing in any shape or form, but it is necessary, and sometimes what is best for us isn’t the most inspiring of things. It is these particular laws, however, that allow us to be creative without penalty or at the expense of someone else. “The Anticybersquatting Consumer Protection Act permits both trademark owners and famous people to sue anyone who registers their name as a domain name in ‘bad faith.’” (Introduction to Business Law, Beatty/Samuelson, pg. 512) There will always be some form of theft online because it is unavoidable and because many people do not know that they are violating any laws, but that is where it is our responsibility as professionals and creators to not only know the laws, but to educate others and to enforce those laws – because we may not always be able to rely on lawyers to do the work for us.
Rule of Law
As a beginning photographer, you are unaware of just how much the law is involved with your work, as well as others’. Kimball went out of his way to help me understand an area that he didn’t specialize in so that I could obey the law and take my photography as far as possible within the perimeters of that law. “One of the major challenges for legal institutions in regulating copyrights is simply that modern intellectual property is so easy to copy.” (Introduction to Business Law, Beatty/Samuelson, pg. 508) Like with most laws, intellectual property laws can be extremely touchy. There are many ways around particular things, as well as ways to entrap someone. For instance, some symbols cannot even be registered if they are easily recognizable and distinctive to something else already held in copyright.
The basis of this discussion was creative content ownership to set precedence that deals with intellectual property and copyright. In summary: all of your photos that are your original works are protected, and copyright is the only form of protection for photos. It is important to note the allowances in what is legal to do during public events (re: a sports game, for example) in order to prevent copyright infringement if you have posted photos without permission, as well as to protect your own photos and similar content. If someone is using a similar logo, for instance, and yours is trademarked then that is trademark infringement and you have the right to pursue legal action. “A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) Many businesses trademark their logo, or brand, to distinguish themselves from competitors.
There are endless lists of companies that have successfully trademarked a word or symbol that is synonymous with their company brand (re: Nike, et cetera). “Under common law, the first person to use a mark in trade owns it. Registration under the federal Lanham Act is not necessary.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) However, in conjunction with registered copyright, it is important to note the benefits of a registered trademark versus assuming a trade ownership. “Even if a mark has been used in only one or two states, registration makes it valid nationally. To be valid, a trademark must be distinctive—that is, the mark must clearly distinguish one product from another.”(Introduction to Business Law, Beatty/Samuelson, pg. 510) A basic understanding of these registrations will not only help you determine your own protection for your property and business, but it will prevent you from violating a competitor’s rights.
The basis of this discussion was creative content ownership to set precedence that deals with intellectual property and copyright. In summary: all of your photos that are your original works are protected, and copyright is the only form of protection for photos. It is important to note the allowances in what is legal to do during public events (re: a sports game, for example) in order to prevent copyright infringement if you have posted photos without permission, as well as to protect your own photos and similar content. If someone is using a similar logo, for instance, and yours is trademarked then that is trademark infringement and you have the right to pursue legal action. “A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) Many businesses trademark their logo, or brand, to distinguish themselves from competitors.
There are endless lists of companies that have successfully trademarked a word or symbol that is synonymous with their company brand (re: Nike, et cetera). “Under common law, the first person to use a mark in trade owns it. Registration under the federal Lanham Act is not necessary.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) However, in conjunction with registered copyright, it is important to note the benefits of a registered trademark versus assuming a trade ownership. “Even if a mark has been used in only one or two states, registration makes it valid nationally. To be valid, a trademark must be distinctive—that is, the mark must clearly distinguish one product from another.”(Introduction to Business Law, Beatty/Samuelson, pg. 510) A basic understanding of these registrations will not only help you determine your own protection for your property and business, but it will prevent you from violating a competitor’s rights.
Reasoning of the Law
I don’t always find myself on the same side of agreement with many people in regards to the law, but with enough sound logic, it doesn’t take a lot to convince me. Like any decent lawyer should, Kimball advised me to establish an LLC once I get myself settled in my new state of residence and inquire about the necessary documents within their jurisdiction. “An LLC offers the limited liability of a corporation and the tax status of a partnership.” (Introduction to Business Law, Beatty/Samuelson, pg. 377) Although I have always been hesitant to pursue the idea of creating my own business, as a photographer, a lot of the work that we are hired for will still be contracted – unless we are working for a larger company and therefore do not have to worry about the logistics. This will help to ensure that my assets and creative content are protected, in the event of difficult or unpredictable times.
Overall, the focus of our discussion was centered on both ideas and the products of those ideas, because a creative concept is sometimes not enough to warrant protection unless it has been implemented. “A patent is not available solely for an idea, but only for its tangible application.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) The basic principle for intellectual property and protecting your right to that copyright is still the same, however: you can copyright the expression of your intellectual property and that cannot be infringed upon, but others can still make derivatives of your work. “Unlike patents, the ideas underlying copyrighted material need not be novel. For example, three movies are about a parent and child who switch bodies. The movies all have the same plot, but there is no copyright violation because their expressions of the basic idea are different.” (Introduction to Business Law, Beatty/Samuelson, pg. 506) Sometimes, the technicalities can be extremely frustrating, which is why you should know the differences between the types of protection that are available to creators.
Kimball and I discussed what the limitations of a creative commons license were versus that of a registered copyright, and ultimately, it is up to the content creator to decide what is best suited for them – however, if you are seeking to make money on your intellectual property, then you should take all necessary precautions to guard that money with the appropriate copyright. Kimball was insistent – and right – in saying that the most important step to being an artist in the business world is to protect your creative content before worrying about what legal forms you need to run your business. After all, if you don’t protect what will make you money, you may not have a business. “Today, a copyright is valid until 70 years after the death of the work's last living author or, in the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter. Once a copyright expires, anyone may use the material. ” (Introduction to Business Law, Beatty/Samuelson, pg. 507) Unfortunately, despite the steps that we as content creators take, there will always be an instance where we may have to initiate a “cease and desist” or take further legal action. “Many consumers are in the habit of violating the law by downloading copyrighted material for free. They seem to believe that if it is easy to steal something, then the theft is somehow acceptable.” (Introduction to Business Law, Beatty/Samuelson, pg. 508) Living in the digital age, it is almost impossible to track who and what is viewing your information, let alone stealing from you, but once you have taken legal precautions before the theft, you will be covered from damages or loss.
Overall, the focus of our discussion was centered on both ideas and the products of those ideas, because a creative concept is sometimes not enough to warrant protection unless it has been implemented. “A patent is not available solely for an idea, but only for its tangible application.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) The basic principle for intellectual property and protecting your right to that copyright is still the same, however: you can copyright the expression of your intellectual property and that cannot be infringed upon, but others can still make derivatives of your work. “Unlike patents, the ideas underlying copyrighted material need not be novel. For example, three movies are about a parent and child who switch bodies. The movies all have the same plot, but there is no copyright violation because their expressions of the basic idea are different.” (Introduction to Business Law, Beatty/Samuelson, pg. 506) Sometimes, the technicalities can be extremely frustrating, which is why you should know the differences between the types of protection that are available to creators.
Kimball and I discussed what the limitations of a creative commons license were versus that of a registered copyright, and ultimately, it is up to the content creator to decide what is best suited for them – however, if you are seeking to make money on your intellectual property, then you should take all necessary precautions to guard that money with the appropriate copyright. Kimball was insistent – and right – in saying that the most important step to being an artist in the business world is to protect your creative content before worrying about what legal forms you need to run your business. After all, if you don’t protect what will make you money, you may not have a business. “Today, a copyright is valid until 70 years after the death of the work's last living author or, in the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter. Once a copyright expires, anyone may use the material. ” (Introduction to Business Law, Beatty/Samuelson, pg. 507) Unfortunately, despite the steps that we as content creators take, there will always be an instance where we may have to initiate a “cease and desist” or take further legal action. “Many consumers are in the habit of violating the law by downloading copyrighted material for free. They seem to believe that if it is easy to steal something, then the theft is somehow acceptable.” (Introduction to Business Law, Beatty/Samuelson, pg. 508) Living in the digital age, it is almost impossible to track who and what is viewing your information, let alone stealing from you, but once you have taken legal precautions before the theft, you will be covered from damages or loss.
The Questions
Although understanding the differences between every day legal issues and federal crimes is important, and a part of the curriculum for this course, my primary concern was establishing a list of questions with a business mindset that would both protect me as an artist as well as prepare me for being a business professional beyond school. Thus, my questions are integrated to protect my intellectual property, as well as to provide an understanding of where my rights end and begin as a creator. “Anyone who uses copyrighted material without permission is violating the Copyright Act. Damages can be substantial.” (Introduction to Business Law, Beatty/Samuelson, pg. 507) This will also enable me to protect myself against legal action from future clients.
My questions are worded to place heavy emphasis on copyright and protective ownership and what sort of legalities may create a gray area for the business photographers. Perhaps one of the most important and often overlooked questions to ask is: “do I need permission to photograph this?” The answer is almost always yes, particularly when it comes to buildings or other landmarks. “The doctrine of fair use permits limited use of copyrighted material without permission of the author for purposes such as criticism, news reporting, scholarship, or research.” (Introduction to Business Law, Beatty/Samuelson, pg. 507) This is generally where release forms come into negotiation, but what about people? “Taking a photograph of a person without their permission may violate their right of publicity or their right to privacy. You must also take into account what you will be doing with those photographs [personal use or commercial use].” (Kimball Jones). However, I was advised that it would be very easy to get into trouble as a professional without the proper documents, and that a contract or release form would be very beneficial to me in the long run.
The questions that I was most interested in finding answers to, however, were related to copyright. As an artist, the most significant thing I can do beyond creating visual media is protecting that product – whether I intend to sell that product commercially or not, it is of great import to protect your intellectual property and to prevent others from claiming it as their own. “A work is copyrighted automatically once it is in tangible form.” (Introduction to Business Law, Beatty/Samuelson, pg. 506) Kimball informed that, although registering my images for copyright protection would further protect me in a legal issue, even without the registration I was still the copyright holder. “Registration with the Copyright Office of the Library of Congress is necessary only if the holder wishes to bring suit to enforce the copyright.” (Introduction to Business Law, Beatty/Samuelson, pg. 506)
My questions are worded to place heavy emphasis on copyright and protective ownership and what sort of legalities may create a gray area for the business photographers. Perhaps one of the most important and often overlooked questions to ask is: “do I need permission to photograph this?” The answer is almost always yes, particularly when it comes to buildings or other landmarks. “The doctrine of fair use permits limited use of copyrighted material without permission of the author for purposes such as criticism, news reporting, scholarship, or research.” (Introduction to Business Law, Beatty/Samuelson, pg. 507) This is generally where release forms come into negotiation, but what about people? “Taking a photograph of a person without their permission may violate their right of publicity or their right to privacy. You must also take into account what you will be doing with those photographs [personal use or commercial use].” (Kimball Jones). However, I was advised that it would be very easy to get into trouble as a professional without the proper documents, and that a contract or release form would be very beneficial to me in the long run.
The questions that I was most interested in finding answers to, however, were related to copyright. As an artist, the most significant thing I can do beyond creating visual media is protecting that product – whether I intend to sell that product commercially or not, it is of great import to protect your intellectual property and to prevent others from claiming it as their own. “A work is copyrighted automatically once it is in tangible form.” (Introduction to Business Law, Beatty/Samuelson, pg. 506) Kimball informed that, although registering my images for copyright protection would further protect me in a legal issue, even without the registration I was still the copyright holder. “Registration with the Copyright Office of the Library of Congress is necessary only if the holder wishes to bring suit to enforce the copyright.” (Introduction to Business Law, Beatty/Samuelson, pg. 506)
Legal Authority
I reached out to a personal contact, Kimball Jones, via email versus trying to find a new source because I already have an established relationship with this lawyer. As an introvert, I often find it difficult to initiate a conversation with people beyond casual small talk, particularly in regards to a matter as important as someone’s time that is usually billable. “The high cost of developing intellectual property, combined with the low cost of reproducing it, makes it particularly vulnerable to theft.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) I am familiar with Kimball due to being a previous client of his and therefore trust his knowledge on the matters of law, despite Intellectual Property not being his expertise. Kimball is located locally in Las Vegas and normally specializes in Personal Injury cases, but was very forthcoming in helping me to understand my rights. “The value of land lies in the owner's right to exclude, to prevent others from entering it. Intellectual property, however, has little economic value unless others use it.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) As I did not call him directly, I did not have to worry about the run-around that I might encounter with a secretary, and Kimball has responded to each of my emails promptly.
Initially, Kimball was hesitant to assist me in this project because he does not specialize in the subject, but after I explained to him my hesitance to contact other lawyers who would not want to give me the time of day, he agreed to do a little extra homework on his end, if necessary, to help me. “Because intellectual property is nonexclusive, many people see no problem in using it for free. But when consumers take intellectual property without paying for it, they ensure that fewer of these items will be produced.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) Through our mutual understanding of tackling this subject together, and during the course of the Thanksgiving holiday break, it required several correspondences between the two of us to find solid answers to my questions as well as my concerns over what I will encounter as a photographer.
Kimball was an excellent choice for me because both of our patience and dedication was equal in coming to a conclusion in this interview. He helped me to understand beyond the wording of my questions and how they pertained to my field in particular, as well as how I could benefit from protecting my intellectual property as a professional. “The holder of a copyright owns the particular expression of an idea, but not the underlying idea or method of operation. A work is copyrighted automatically once it is in tangible form.“(Introduction to Business Law, Beatty/Samuelson, pg. 506) It was a great learning experience, as well as a good reality check to discuss my future endeavors with Kimball.
Initially, Kimball was hesitant to assist me in this project because he does not specialize in the subject, but after I explained to him my hesitance to contact other lawyers who would not want to give me the time of day, he agreed to do a little extra homework on his end, if necessary, to help me. “Because intellectual property is nonexclusive, many people see no problem in using it for free. But when consumers take intellectual property without paying for it, they ensure that fewer of these items will be produced.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) Through our mutual understanding of tackling this subject together, and during the course of the Thanksgiving holiday break, it required several correspondences between the two of us to find solid answers to my questions as well as my concerns over what I will encounter as a photographer.
Kimball was an excellent choice for me because both of our patience and dedication was equal in coming to a conclusion in this interview. He helped me to understand beyond the wording of my questions and how they pertained to my field in particular, as well as how I could benefit from protecting my intellectual property as a professional. “The holder of a copyright owns the particular expression of an idea, but not the underlying idea or method of operation. A work is copyrighted automatically once it is in tangible form.“(Introduction to Business Law, Beatty/Samuelson, pg. 506) It was a great learning experience, as well as a good reality check to discuss my future endeavors with Kimball.
Week 9 EOC: Bratz Brawl
This year marks the ninth year mark for the ongoing legal battle between Mattel, the company behind Barbie, and MGA Entertainment – the company responsible for those ever-popular Bratz dolls. If you’re not familiar with the Bratz franchise, then you must not have been around a young girl around the height of its popularity: everything from video games to movies has been released to feature these big-headed, pouty lipped, multi-ethnic dolls. The hip-hop inspired dolls are just like any other fad out there for children to consume – they were introduced in 2001 and were a huge success, but have since hit their bust. Despite their decline in popularity, however, Mattel is still intent on pursuing what they believe to be theirs.
In January of this year, a federal appeals court “told Mattel it doesn't have to pay the $172 million in damages that a jury awarded MGA.” (http://www.marketplace.org/topics/business/barbie-v-bratz-never-ending-court-battle). Carter Bryant is the man behind the Bratz dolls and claims to have made his first drawings for the toy when he wasn’t working for Mattel – the toy company, however, says that he did work for them when he came up with the idea. With the decline in popularity, though, it’s safe to say that Bratz do not pose a threat to Mattel, but money isn’t the reasoning behind the on-going lawsuit. "From Mattel's perspective, it was very important for them to send a message. You can bet that anyone working for Mattel that's thinking of freelancing and coming up with a product of their own is going to think twice about how they do it," Sean McGowan, industry analyst, says. (http://www.marketplace.org/topics/business/barbie-v-bratz-never-ending-court-battle).
What is the message Mattel is trying to send? To put it simply: protecting their intellectual property. In 2008, a judge ordered MGA to “cease making the dolls immediately and to stop selling them after the holiday shopping season ends.” (http://www.cnn.com/2008/LIVING/wayoflife/12/11/bratz.vs.barbies/). MGA Entertainment has since released a statement saying that they are open to all options, but the hits haven’t stopped there. In 2011, “a U.S. District Court slapped Mattel Inc. with $88 million in damages after tossing out its claims that rival MGA Entertainment stole Mattel’s idea for their dolls and, after a two-week deliberation, the jury in Santa Ana also found that Mattel was guilty of misappropriation of trade.” (http://content.time.com/time/business/article/0,8599,2067001,00.html). The case has been a legal game of volleyball, each side receiving their own victory, but neither coming to an agreement on a settlement. As the Bratz dolls fade into history along with their predecessors, Mattel continues to fight for what they believe belongs under their copyright protection.
In January of this year, a federal appeals court “told Mattel it doesn't have to pay the $172 million in damages that a jury awarded MGA.” (http://www.marketplace.org/topics/business/barbie-v-bratz-never-ending-court-battle). Carter Bryant is the man behind the Bratz dolls and claims to have made his first drawings for the toy when he wasn’t working for Mattel – the toy company, however, says that he did work for them when he came up with the idea. With the decline in popularity, though, it’s safe to say that Bratz do not pose a threat to Mattel, but money isn’t the reasoning behind the on-going lawsuit. "From Mattel's perspective, it was very important for them to send a message. You can bet that anyone working for Mattel that's thinking of freelancing and coming up with a product of their own is going to think twice about how they do it," Sean McGowan, industry analyst, says. (http://www.marketplace.org/topics/business/barbie-v-bratz-never-ending-court-battle).
What is the message Mattel is trying to send? To put it simply: protecting their intellectual property. In 2008, a judge ordered MGA to “cease making the dolls immediately and to stop selling them after the holiday shopping season ends.” (http://www.cnn.com/2008/LIVING/wayoflife/12/11/bratz.vs.barbies/). MGA Entertainment has since released a statement saying that they are open to all options, but the hits haven’t stopped there. In 2011, “a U.S. District Court slapped Mattel Inc. with $88 million in damages after tossing out its claims that rival MGA Entertainment stole Mattel’s idea for their dolls and, after a two-week deliberation, the jury in Santa Ana also found that Mattel was guilty of misappropriation of trade.” (http://content.time.com/time/business/article/0,8599,2067001,00.html). The case has been a legal game of volleyball, each side receiving their own victory, but neither coming to an agreement on a settlement. As the Bratz dolls fade into history along with their predecessors, Mattel continues to fight for what they believe belongs under their copyright protection.
Week 8 EOC: Questions
1. Is permission required to take a picture of someone if they will not be recognizable in the photo?
2. What are the laws regarding candid photos of people taken in a public place?
3. Is the entire ownership of an image, regardless of what has been photographed, the property of the photographer?
4. What are the limitations of a creative commons license?
5. If a visual media work that is a derivative of my original photograph is used commercially, what are my rights as the original copyright holder?
6. What is the Digital Millennium Copyright Act?
7. If I want to establish myself as a business, what are the proper forms I would need to protect myself and my photography?
8. Do I need a location release form for a building that is simply in the background of a photo, not the focus of the photo?
9. Would I be able to commercially sell a photo of a celebrity taken at a public event without their permission?
10. What is the appropriate, legal way to accept payment as a freelance photographer?
2. What are the laws regarding candid photos of people taken in a public place?
3. Is the entire ownership of an image, regardless of what has been photographed, the property of the photographer?
4. What are the limitations of a creative commons license?
5. If a visual media work that is a derivative of my original photograph is used commercially, what are my rights as the original copyright holder?
6. What is the Digital Millennium Copyright Act?
7. If I want to establish myself as a business, what are the proper forms I would need to protect myself and my photography?
8. Do I need a location release form for a building that is simply in the background of a photo, not the focus of the photo?
9. Would I be able to commercially sell a photo of a celebrity taken at a public event without their permission?
10. What is the appropriate, legal way to accept payment as a freelance photographer?
Thursday, November 14, 2013
Week 7 EOC: Lawyers
1. Enrique R. Acuna
Law Offices of Enrique R. Acuna, Ltd.
2785 East Desert Inn Road, Suite 134
Las Vegas , NV 89121
Phone: 702-425-4444
2. Kelly H. Dove
Snell & Wilmer
3883 Howard Hughes Pkwy. Suite 1100
Las Vegas , NV 89121
Phone: 702-784-5200
3. Carlton L. Harpst
Brady, Vorwerck, Ryder & Caspino
2795 E. Desert Inn Road, Suite 200
Las Vegas , NV 89121
Phone: 702-697-6500
4. Steven T. Loizzi
Loizzi and Associates, P.C.
3530 E. Flamingo Rd., Suite 140
Las Vegas , NV 89121
Phone: 702-410-8120
5. Jonathan B. Goldsmith
Goldsmith & Associates
3430 E. Flamingo Rd., #100
Las Vegas , NV 89121
Phone: 702-818-4739
6. Lee J. Grant II
Brady, Vorwerck, Ryder & Caspino
2795 E. Desert Inn Rd., Suite 200
Las Vegas , NV 89121
Phone: 702-697-6500
7. Lawrence C. Hill
The Law Office of Lawrence C. Hill
3430 E. Flamingo Road, Suite 100
Las Vegas , NV 89121
Phone: 702-530-5688
8. Douglas Paul DeJulio
DeJulio & Associates, P.C.
3745 Pacific Street
Las Vegas , NV 89121
Phone: 702-733-1853
9. Charles Ralph Gardner
Law Office of Chuck Gardner
3087 Desmond Ave.
Las Vegas , NV 89121
Phone: 702-433-6758
10. Michael H. Singer
Michael H. Singer, Ltd.
4475 S. Pecos Road
Las Vegas , NV 89121
Phone: 702-454-2111
Source.
Law Offices of Enrique R. Acuna, Ltd.
2785 East Desert Inn Road, Suite 134
Las Vegas , NV 89121
Phone: 702-425-4444
2. Kelly H. Dove
Snell & Wilmer
3883 Howard Hughes Pkwy. Suite 1100
Las Vegas , NV 89121
Phone: 702-784-5200
3. Carlton L. Harpst
Brady, Vorwerck, Ryder & Caspino
2795 E. Desert Inn Road, Suite 200
Las Vegas , NV 89121
Phone: 702-697-6500
4. Steven T. Loizzi
Loizzi and Associates, P.C.
3530 E. Flamingo Rd., Suite 140
Las Vegas , NV 89121
Phone: 702-410-8120
5. Jonathan B. Goldsmith
Goldsmith & Associates
3430 E. Flamingo Rd., #100
Las Vegas , NV 89121
Phone: 702-818-4739
6. Lee J. Grant II
Brady, Vorwerck, Ryder & Caspino
2795 E. Desert Inn Rd., Suite 200
Las Vegas , NV 89121
Phone: 702-697-6500
7. Lawrence C. Hill
The Law Office of Lawrence C. Hill
3430 E. Flamingo Road, Suite 100
Las Vegas , NV 89121
Phone: 702-530-5688
8. Douglas Paul DeJulio
DeJulio & Associates, P.C.
3745 Pacific Street
Las Vegas , NV 89121
Phone: 702-733-1853
9. Charles Ralph Gardner
Law Office of Chuck Gardner
3087 Desmond Ave.
Las Vegas , NV 89121
Phone: 702-433-6758
10. Michael H. Singer
Michael H. Singer, Ltd.
4475 S. Pecos Road
Las Vegas , NV 89121
Phone: 702-454-2111
Source.
Thursday, November 7, 2013
Week 6 EOC: Supreme Court Prayer
The right to religious freedom is
defined under the First Amendment as follows: “Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the government for a redress
of grievances.” (http://www.law.cornell.edu/constitution/first_amendment).
This in itself creates a solid argument for the right to begin a public meeting
with a religious prayer, but it is not that simple – the law, after all, is
rather tricky. For instance, there is the Constitution’s Establishment Clause,
the separation of church and state, which prohibits government regulation
and/or endorsement of religion.
It is debatable whether an argument can be made for the government endorsing religion via these opening prayers or not, but nevertheless, it is still infringing upon others’ rights who do not follow the same religion. In this regard, an atheist may not have any rights, but anyone within the Supreme Court not of Christian faith does have the right to express concern over where these prayers fall outside of constitutional bounds. “The question raised by Town of Greece v. Galloway is how sectarian these prayers can get.” (http://www.washingtonpost.com/national/on-faith/supreme-court-wrestles-with-how-religious-prayer-should-be-at-public-meetings/2013/11/06/01e8fec6-4733-11e3-95a9-3f15b5618ba8_story.html).
This is an especially messy area of law. There are courts across the country that have come up with rulings on legislative prayer that are at odds with each other, and it is not always clear what passes constitutional muster. The justices of the Supreme Court grappled with limits that would allow such prayer without making those who disagree feel coerced or alienated and in an attempt to create an acceptable prayer for all faiths. However, as seen during Town of Greece v. Galloway, not everyone is in agreement of coming to a conclusion for those of differing faith, as demonstrated by Justice Antonin Scalia: “What about devil-worshippers? They are there as citizens, and as citizens, they bring to their job all of — all of the predispositions that citizens have. And these people perhaps invoke the deity at meals. They should not be able to invoke it before they undertake a serious governmental task such as enacting laws or ordinances?” (http://usnews.nbcnews.com/_news/2013/11/06/21334088-supreme-court-tests-limits-of-prayer-at-official-government-meetings). Rather, the main issue presented with allowing prayer before public meetings is not to impose sectarian prayer on the citizenry, and until a prayer that is all-inclusive is presented, it is imposing government-sponsored religion on the public citizenry.
It is debatable whether an argument can be made for the government endorsing religion via these opening prayers or not, but nevertheless, it is still infringing upon others’ rights who do not follow the same religion. In this regard, an atheist may not have any rights, but anyone within the Supreme Court not of Christian faith does have the right to express concern over where these prayers fall outside of constitutional bounds. “The question raised by Town of Greece v. Galloway is how sectarian these prayers can get.” (http://www.washingtonpost.com/national/on-faith/supreme-court-wrestles-with-how-religious-prayer-should-be-at-public-meetings/2013/11/06/01e8fec6-4733-11e3-95a9-3f15b5618ba8_story.html).
This is an especially messy area of law. There are courts across the country that have come up with rulings on legislative prayer that are at odds with each other, and it is not always clear what passes constitutional muster. The justices of the Supreme Court grappled with limits that would allow such prayer without making those who disagree feel coerced or alienated and in an attempt to create an acceptable prayer for all faiths. However, as seen during Town of Greece v. Galloway, not everyone is in agreement of coming to a conclusion for those of differing faith, as demonstrated by Justice Antonin Scalia: “What about devil-worshippers? They are there as citizens, and as citizens, they bring to their job all of — all of the predispositions that citizens have. And these people perhaps invoke the deity at meals. They should not be able to invoke it before they undertake a serious governmental task such as enacting laws or ordinances?” (http://usnews.nbcnews.com/_news/2013/11/06/21334088-supreme-court-tests-limits-of-prayer-at-official-government-meetings). Rather, the main issue presented with allowing prayer before public meetings is not to impose sectarian prayer on the citizenry, and until a prayer that is all-inclusive is presented, it is imposing government-sponsored religion on the public citizenry.
Thursday, October 31, 2013
Week 5 EOC: Legal Challenges With Modern Internet
There is much to be concerned about with the easy accessibility of the Internet in modern society. Nearly any piece of information you could think of is available online and, whether people are really aware of it or not, this includes your personal information, as well. It does not matter if you actively use a social media website or not, your information is still documented on sites such as the white pages or even when you pay a bill online – in fact, people that have never used a computer before in their lives are even documented online. Thus, one of the most important legal issues to exist on the web today is cyber crime. “Human rights such as the right to private life, freedom of expression and information and intellectual property rights need to be reviewed and reinterpreted in the light of the evolution of Internet applications.” Napoleon Xanthoulis, Vice-President of the UCL Student Human Rights Programme (UCLSHRP) (http://www.ucl.ac.uk/news/news-articles/1010/10102602).
Why are cyber crimes a relevant issue in modern society? It’s easy to steal someone’s identity on the internet. An individual’s personal computer, billing accounts, bank accounts, email, and more can easily be hacked through a variety of methods or just simple computer proficiency, and it is an effective way of seriously ruining someone’s life. There are, of course, other legal issues that may be less serious or perhaps more so on a federal statute level. For instance, there are limitations on the first amendment to freedom of speech on the internet – such as defamation, breach of contract, tortuous interference with business, and securities fraud – and this also includes online harassment in the form of bullying! Perhaps the most well known legal issue of the internet, however, is child pornography. “The Child Online Protection Act (COPA) makes it a crime to publish ‘any communication for commercial purposes that includes sexual material that is harmful to minors, without restricting access to such material by minors.’” (http://www.offthepagecreations.com/legal_issues_internet.php)
Andrew Murray, Reader in Law at London School of Economics (LSE), argued that “with so much of our lives reliant on online access – banking, communications, social networking, relaxation, content delivery etc. do we need more than just a right to access? Is it now time for a Cyberspace Bill of Rights?” (http://www.ucl.ac.uk/news/news-articles/1010/10102602). Alternatively, social networking sites are held to two important statutes: Section 512(c) of the Digital Millenium Copyright Act and Section 230 of the Communications Decency Act. What do these mean? “Section 512(c) removes liability for copyright infringement from websites that allow users to post content, as long as the site has a mechanism in place whereby the copyright owner can request the removal of infringing content. The site must also not receive a financial benefit directly attributable to the infringing activity.” (http://technology.findlaw.com/modern-law-practice/understanding-the-legal-issues-for-social-networking-sites-and.html). In plain terms, sites like YouTube can claim the 512(c) defense in a lawsuit against media giants suing for content violations. Lastly, we have Section 230: “Section 230 of the Communications Decency Act immunizes website from certain liability resulting from the publication of information provided by another. This usually arises in the context of defamation, privacy, negligence and other tort claims. It does not however, cover criminal liability, copyright infringement or other intellectual property claims.” (http://technology.findlaw.com/modern-law-practice/understanding-the-legal-issues-for-social-networking-sites-and.html). This statute protects the social website from certain liability of publication when a user posts defamatory or otherwise illegal content. Ultimately, this begs the question: will legislation push to protect the privacy of users and their own personal copyright, or continue to create loopholes with social networking sites that are bound legally to the media industry? Andrew Murray may have the right idea about a Cyberspace Bill of Rights.
Thursday, October 24, 2013
Week 4 EOC: Patently Ridiculous
Copyright is a legal right given exclusively to originators of intellectual property. It is often very confusing to understand because of how court cases are handled legally, but it is important to know what the difference is between what copyright actually is, and what is necessary to be done to protect your rights to your work.
Thursday, October 17, 2013
Week 3 EOC: Erin Brockovich
In an article posted in February of 2006, the LA Times discussed the PG&E case that was made famous by the 2000 film “Erin Brockovich.” One of the defining characteristics of this particular case was the fact that many of the resident’s houses were being bought out for far less than fair market value prices from PG&E. Ultimately, the case became well known because of Erin, who lead the way for the “largest direct action lawsuit in history” with a settlement that resulted in 333 million dollars split between more than 1,000 residents of Hinkley, California and the surrounding area. The company also issued an apology to the residents. "Clearly, this situation should never have happened, and we are sorry that it did. It is not the way we do business, and we believe it would not happen in our company today” (http://articles.latimes.com/2006/feb/04/local/me-erin4). Additionally, the spokesman for the company, Jon Tremayne also added: "The differences between the plaintiffs and our company in the case centered on opposing views of the health science on chromium. Although the settlement does not resolve these differences, we believe it is best to move forward." (http://usatoday30.usatoday.com/money/industries/energy/2006-02-06-pge-settlement-brockovich_x.htm)
PG&E finally settled the last of the cases in 2008. Although much of the story was largely fiction in the film, each plaintiff did get roughly about $307,000 themselves in the settlement, which pales in comparison to the lifetime damages done to these plaintiffs. "Many of these people truly suffered and money doesn't make that go away," Erin Brockovich said in an interview. "But I hope it gives them a sense that they stood up for something; and I hope they can use the money to help with their medical conditions or to make their lives easier." (http://usatoday30.usatoday.com/money/industries/energy/2006-02-06-pge-settlement-brockovich_x.htm).
Thursday, October 10, 2013
Week 2 EOC: Supreme Court
In May 2012, The Supreme Court ruled after hearing arguments in Town of Greece v. Galloway, a case that could change the way we deal with invocation prayers at city council meetings. It was concluded that the town halls prayers were an endorsement of a religious viewpoint, according to the judge.
Thursday, October 3, 2013
Week 1 EOC: My Voice
As a professional wedding photographer, there are two important things
to remember, no matter who you're shooting for: 1) your bride and groom
are more nervous about having their pictures taken than you are about
taking them, and 2) set aside your personal life, because their special
day is not about you. Every day is a learning experience out in the
field, and I aim to take full advantage of the lessons each new person
may offer. I am a firm believer that formal education is important, but
the only way to discover your strengths and weaknesses is through trial
and error – of which there are many opportunities during a face-to-face
encounter with clients. You will go far if you know the technical
aspects of photography, but those technicalities should never impede
your desire to deliver the best possible experience; after all, no
matter how good your photography, if your client does not have a good
time with you, they won’t care whether you know how to use a camera or
not. Lastly, the following quote describes the most important aspect to
photography: "I think a photography class should be a requirement,
because it makes you see the world, rather than just look at it. " –
Unknown.
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