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	<title>Law and Lawyers Inside &#187; law</title>
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		<title>Law, Finance, and Politics: The Case of India</title>
		<link>http://www.billycasazza.com/224/law-finance-and-politics-the-case-of-india</link>
		<comments>http://www.billycasazza.com/224/law-finance-and-politics-the-case-of-india#comments</comments>
		<pubDate>Sat, 08 May 2010 06:24:48 +0000</pubDate>
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		<category><![CDATA[Finance]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[Politics]]></category>

		<guid isPermaLink="false">http://www.billycasazza.com/?p=224</guid>
		<description><![CDATA[The liberalization of India&#8217;s economy since 1991 has brought with it considerable development of its financial markets and supporting legal institutions. An influential body of economic scholarship asserts that a country&#8217;s &#8220;legal origin&#8221; &#8211; as a civilian or common law jurisdiction &#8211; plays an important part in determining the development of its investor protection regulations, [...]]]></description>
			<content:encoded><![CDATA[<p>The liberalization of India&#8217;s economy since 1991 has brought with it considerable development of its financial markets and supporting legal institutions. An influential body of economic scholarship asserts that a country&#8217;s &#8220;legal origin&#8221; &#8211; as a civilian or common law jurisdiction &#8211; plays an important part in determining the development of its investor protection regulations, and consequently its financial development. An alternative theory claims that the determinants of investor protection are political, rather than legal. We use the case of India to test these theories. We find little support for the idea that India&#8217;s legal heritage as a common law country has been influential in speeding the path of regulatory reforms and financial development. Rather, we suggest there are complementarities between (1) India&#8217;s relative success in services and software; (2) the relative strength of its financial markets for outside equity, as opposed to outside debt; and (3) the relative success of stock market regulation, as opposed to reforms of creditor rights. We conclude that political economy explanations have more traction in explaining the case of India than do theories based on &#8220;legal origins.&#8221;</p>
<p>A growing literature emphasizes the importance of legal institutions for economic development. Within this tradi�on, an influential claim is that a country&#8217;s &#8220;legal origin&#8221; significantly affects the evolution of its legal rules, in particular as they relate to finance. An alternative claim asserts that the development of legal rules is more closely influenced by national political choices and interest group lobbying. This article uses the case oflndia, one of the world&#8217;s most significant developing economies, as a case study for exploring the applicability of these theories.</p>
<p>The Indian economy, subject to central planning from independence in 1947, liberalized dramatically in 1991. Since then, there have been rapid and far-reaching law reforms intended to ensure that legal institutions keep pace with the needs of the growing economy. To shed light on the mechanisms by which these legal changes were brought about, and their relationship with the needs of investors, we conducted interviews with a range of Indian lawyers, policy makers, regulators, judges, businesspeople, and investors. We focused our enquiries on changes to the legal protection of outside investors: that is, shareholders and creditors. These yielded interesting findings as regards both the modalities of legal change and its relationship with development. </p>

	Tags: <a href="http://www.billycasazza.com/tag/finance" title="Finance" rel="tag">Finance</a>, <a href="http://www.billycasazza.com/tag/law" title="law" rel="tag">law</a>, <a href="http://www.billycasazza.com/tag/politics" title="Politics" rel="tag">Politics</a><br />

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		<title>The Law of Attraction</title>
		<link>http://www.billycasazza.com/218/the-law-of-attraction-2</link>
		<comments>http://www.billycasazza.com/218/the-law-of-attraction-2#comments</comments>
		<pubDate>Thu, 06 May 2010 08:21:18 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.billycasazza.com/?p=218</guid>
		<description><![CDATA[The Law of Attraction simply says that you attract into your life whatever you think about.  Your dominant thoughts will find a way to manifest.  But the Law of Attraction gives rise to some tough questions that don’t seem to have good answers.  I would say, however, that these problems aren’t caused [...]]]></description>
			<content:encoded><![CDATA[<p>The Law of Attraction simply says that you attract into your life whatever you think about.  Your dominant thoughts will find a way to manifest.  But the Law of Attraction gives rise to some tough questions that don’t seem to have good answers.  I would say, however, that these problems aren’t caused by the Law of Attraction itself but rather by the Law of Attraction as applied to objective reality.</p>
<p><strong>Here are some of those problematic questions (all are generalizations of ones I received via email):</strong></p>
<p>    * What happens when people put out conflicting intentions, like two people intending to get the same promotion when only one position is available?<br />
    * Do children, babies, and/or animals put out intentions?<br />
    * If a child is abused, does that mean the child intended it in some way?<br />
    * If I intend for my relationship to improve, but my spouse doesn’t seem to care, what will happen?</p>
<p>These questions seem to weaken the plausibility of the Law of Attraction.  Sometimes people answer them by going pretty far out.  For example, it’s been said by LoAers that a young child experiences abuse because s/he intended it or earned it during a past life.  Well, sure… we can explain just about anything if we bring past lives into the equation, but IMO that’s a cop-out.  On the other hand, objective reality without the Law of Attraction doesn’t provide satisfactory answers either — supposedly some kids are just born unlucky.  That’s a cop-out too.</p>
<p>I’ve never been satisfied by others’ answers to these questions, and they’re pretty important questions if the Law of Attraction is to be believed.  Some books hint at the solution but never really nail it.  That nail, however, can be found in the concept of subjective reality.</p>
<p>Subjective reality is a belief system in which (1) there is only one consciousness, (2) you are that singular consciousness, and (3) everything and everyone in your reality is a projection of your thoughts.</p>
<p>You may not see it yet, but subjective reality neatly answers all these tricky Law of Attraction questions.  Let me ’splain<br />
In subjective reality there’s only one consciousness, and it’s yours.  Consequently, there’s only one source of intentions in your universe — YOU.  While you may observe lots of walking, talking bodies in your reality, they all exist inside your consciousness.  You know this is how your dreams work, but you haven’t yet realized your waking reality is just another type of dream.  It only seems solid because you believe (intend) it is.</p>
<p>Since none of the other characters you encounter are conscious in a way that’s separate from you, nobody else can have intentions.  The only intentions are yours.  You’re the only thinker in this universe.</p>
<p>It’s important to correctly define the YOU in subjective reality.  YOU are not your physical body.  This is not the egoic you at all.  I’m not suggesting you’re a conscious body walking around in a world full of unconscious automatons.  That would be a total misunderstanding of subjective reality.  The correct viewpoint is that you’re the single consciousness in which this entire reality takes place.</p>
<p>Imagine you’re having a dream.  In that dream what exactly are YOU?  Are YOU the physical dream character you identify with?  No, of course not — that’s just your dream avatar.  YOU are the dreamer.  The entire dream occurs within your consciousness.  All dream characters are projections of your dream thoughts, including your avatar.  In fact, if you learn lucid dreaming, you can even switch avatars in your dream by possessing another character.  In a lucid dream, you can do anything you believe you can.</p>
<p>Physical reality works the same way.  This is a denser universe than what you experience in your sleeping dreams, so changes occur a bit more gradually here.  But this reality still conforms to your thoughts just like a sleeping dream.  YOU are the dreamer in which all of this is taking place.</p>
<p>The idea that other people have intentions is an illusion because other people are just projections.  Of course, if you strongly believe other people have intentions, then that’s the dream you’ll create for yourself.  But ultimately it’s still an illusion.</p>

	Tags: <a href="http://www.billycasazza.com/tag/law" title="law" rel="tag">law</a><br />

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		<title>New York: LLC versus S-Corp Formation</title>
		<link>http://www.billycasazza.com/208/new-york-llc-versus-s-corp-formation</link>
		<comments>http://www.billycasazza.com/208/new-york-llc-versus-s-corp-formation#comments</comments>
		<pubDate>Wed, 28 Apr 2010 04:32:37 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Articles]]></category>
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		<category><![CDATA[LLC]]></category>
		<category><![CDATA[S-Corp Formation]]></category>

		<guid isPermaLink="false">http://www.billycasazza.com/?p=208</guid>
		<description><![CDATA[Limited Liability Companies (LLCs) and S-Corps are business entities which are treated by the IRS as partnerships for tax purposes. They differ with respect to their corporate formalities, but both entities have their income taxed as &#8220;passing through&#8221; to their owners. What this means is that there is no C-Corp double taxation issue &#8212; where [...]]]></description>
			<content:encoded><![CDATA[<p>Limited Liability Companies (LLCs) and S-Corps are business entities which are treated by the IRS as partnerships for tax purposes. They differ with respect to their corporate formalities, but both entities have their income taxed as &#8220;passing through&#8221; to their owners. What this means is that there is no C-Corp double taxation issue &#8212; where C-Corp income is taxed once at the corporate level and then taxed again when it is distributed to its shareholders. LLC and S-Corp income is taxed only once as income of their respective owners.</p>
<p>LLCs and S-Corps are most useful for small business owners or sole proprietors who want to receive the limited liability of corporate structure but who are small enough to be able avoid dealing with the double taxation of the traditional C-Corp (among the requirements for S-Corp election is that the entity has no more than 100 shareholders). Aside from certain tax considerations, LLC and S-Corp treatment is virtually identical on the Federal and at most state levels.</p>
<p><strong>The New York Problem:</strong></p>
<p>If you have researched forming an LLC in New York, you probably ran into the state&#8217;s little extortion scheme. New York requires all LLCs to file a Certificate of Publication within 120 days of formation or else lose said formation.</p>
<p>To get a Certificate of Publication, the LLCs must publish their Articles of Organization in two local county newspapers. Costs vary by county, but businesses operating out of New York City can end up paying up to $1,500 for such mandatory &#8220;advertisement&#8221; in addition to the filing fees.</p>
<p><strong>Forming Out of State</strong></p>
<p>Gaming the system is unfortunately not an option. Those who decide to form their LLCs out of state (like in Delaware) will still have to pay the publishing fee if they intend to do business in New York: A Certificate of Authority to do business in New York carries the same Certificate of Publication requirement for out-of-state LLCs.</p>

	Tags: <a href="http://www.billycasazza.com/tag/law" title="law" rel="tag">law</a>, <a href="http://www.billycasazza.com/tag/llc" title="LLC" rel="tag">LLC</a>, <a href="http://www.billycasazza.com/tag/s-corp-formation" title="S-Corp Formation" rel="tag">S-Corp Formation</a><br />

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		<title>Medicaid &#8211; The Canary in the Coal Mine</title>
		<link>http://www.billycasazza.com/69/medicaid-the-canary-in-the-coal-mine</link>
		<comments>http://www.billycasazza.com/69/medicaid-the-canary-in-the-coal-mine#comments</comments>
		<pubDate>Fri, 05 Mar 2010 09:40:39 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[The New York Times reported on 2-19-10 that virtually every state is making or planning significant cuts in Medicaid benefits. These actions are taking place while demand for Medicaid grows. This entitlement, originally conceived as a support for those in lower socioeconomic classes and disabled persons, now is a necessary lifeline for those formerly in [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">The New York Times reported on 2-19-10 that virtually every state is making or planning significant cuts in Medicaid benefits. These actions are taking place while demand for Medicaid grows. This entitlement, originally conceived as a support for those in lower socioeconomic classes and disabled persons, now is a necessary lifeline for those formerly in middle income groups who have lost their jobs. Medicaid enrollment soared by 7.5% from June 2008 to June 2009 (3.3 million new enrollees). The 2009-2010 increase is expected to be even larger.</p>
<p style="text-align: justify;">The American health care crisis is not a doomsday scenario concocted by shrill socialist Chicken Littles. State governments can&#8217;t afford to pay their health care bills. It&#8217;s not surprising that individual Americans can&#8217;t afford to pay for health insurance and are dropping coverage by the millions.</p>
<p style="text-align: justify;">The Medicaid news is the canary in the coal mine. When the canary dies, it&#8217;s time to pack up your gear and get out. In terms of health care, the demise of Medicaid is the clearest possible signal that the entire edifice is about to come crashing down.</p>
<p style="text-align: justify;">States can&#8217;t pay Medicaid bills. Hospitals and physicians will lose substantial revenues. Many hospitals will file for bankruptcy. Others will drastically reduce services, starting with community assistance programs. Physicians will discontinue participation in Medicaid in frantic attempts to regain financial solvency. In the worst case, hospitals and physicians will only accept new patients on the basis of proof of ability to pay. Health care policy in American will become &#8220;no cash, no care&#8221;. Tens of millions of Americans will have zero access to quality medical services.</p>
<p style="text-align: justify;">We&#8217;re veering sharply in the direction of a society of medical haves and have-nots in which there is no middle ground, no available safety net. Public health disasters will rapidly befall such a society, disasters that will not spare those fortunate enough to have &#8220;good benefits&#8221;. As millions of Americans, particularly low-income children, become less well, they will become breeding grounds for bacteria, viruses, and parasites. The deadly diseases of the past &#8211; tuberculosis, diphtheria, and whooping cough &#8211; will return with great force. New infections will arise as a weakened population makes it easier for microorganisms to take hold. Diseases with the pathogenicity of HIV will race through communities and cities, spreading from region to region. Neither Republicans nor Democrats, neither Red states nor Blue states, will be spared from this public health implosion.</p>

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		<title>Your Employer&#8217;s Obligation to Provide a Safe Workplace</title>
		<link>http://www.billycasazza.com/63/your-employers-obligation-to-provide-a-safe-workplace</link>
		<comments>http://www.billycasazza.com/63/your-employers-obligation-to-provide-a-safe-workplace#comments</comments>
		<pubDate>Fri, 05 Mar 2010 09:33:27 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[employmen]]></category>
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		<guid isPermaLink="false">http://www.billycasazza.com/?p=63</guid>
		<description><![CDATA[In recent years, the Occupational Safety and Health Administration (OSHA) and other government organizations have made a concerted effort to reduce the number of workplace injuries in the United States. As our workplaces become more advanced and more technologically refined, the number of accidents should be decreasing. Unfortunately, this is not the case. Thousands of [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">In recent years, the Occupational Safety and Health Administration (OSHA) and other government organizations have made a concerted effort to reduce the number of workplace injuries in the United States. As our workplaces become more advanced and more technologically refined, the number of accidents should be decreasing. Unfortunately, this is not the case. Thousands of workers are injured every single day in workplace accidents, the majority of which are tragically preventable.</p>
<p style="text-align: justify;">In 2008 alone, there were almost 3.7 million workplace accidents reported in the United States &#8211; a total which represents approximately 10,000 injuries every day of the year. Some of the most commonly affected fields include construction workers, mill workers, and manufacturing employees.</p>
<p style="text-align: justify;">Perhaps more frightening is the frequency with which employers attempt to hide workplace accidents in order to avoid paying workers&#8217; compensation. According to a study compiled by the University of Illinois, UCLA, and the National Employment Law Project, only 8% of low-wage workers who were seriously injured on the job filed a workers&#8217; compensation claim, and a large number of company doctors said they were pressured to cover up major injuries.</p>
<p style="text-align: justify;">Ultimately, your employer has a responsibility to provide a safe workplace for you and your fellow workers. Accidents that occur as the result of a failure to provide a safe working environment are ultimately his or her fault, and he or she has an obligation to provide you with compensation for your injury.</p>
<p>W<strong>orkers&#8217; Compensation</strong></p>
<p style="text-align: justify;">Workers&#8217; compensation is a form of insurance designed to protect workers like you who have been injured at the workplace. It exists to provide them with the money they need to cover lost wages and medical bills. In order to qualify for it, an employee essentially waives his or her right to sue his or her employer. So when your employer fails to give you the compensation you deserve, he is failing to honor his end of the agreement.</p>
<p style="text-align: justify;">Your employer owes you a safe workplace. If he hasn&#8217;t provided it, and you&#8217;ve been injured, you have the right to workers&#8217; compensation funds. If you aren&#8217;t receiving them, it is your legal right to sue. A qualified workers&#8217; compensation attorney may be able to help you get the compensation you deserve.</p>

	Tags: <a href="http://www.billycasazza.com/tag/employmen" title="employmen" rel="tag">employmen</a>, <a href="http://www.billycasazza.com/tag/law" title="law" rel="tag">law</a><br />

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		<title>Things You Didn&#8217;t Know About Employment Discrimination</title>
		<link>http://www.billycasazza.com/61/things-you-didnt-know-about-employment-discrimination</link>
		<comments>http://www.billycasazza.com/61/things-you-didnt-know-about-employment-discrimination#comments</comments>
		<pubDate>Fri, 05 Mar 2010 09:30:29 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.billycasazza.com/?p=61</guid>
		<description><![CDATA[In the last couple of years the world economy has been on the decline. One of the resultant side effects has been the increase in unemployment found in most states. Many people today are actively in search of employment. Because of the high competition found amongst job seekers, most companies find that it has become [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">In the last couple of years the world economy has been on the decline. One of the resultant side effects has been the increase in unemployment found in most states. Many people today are actively in search of employment. Because of the high competition found amongst job seekers, most companies find that it has become more difficult choosing who should be hired and who shouldn&#8217;t. Most employers base their decision on important factors such as an applicant&#8217;s experience and education. However alongside these legal factors, there many other criteria used in an employer&#8217;s decision making which are highly illegal and qualify as employment discrimination.</p>
<p style="text-align: justify;">Many people are unaware of what qualifies as employment discrimination. As a result of this they fail to recognize this when such acts occurs. This is extremely common amongst individuals who are seeking employment for the first time. In a report released by the EEOC, it is revealed that age discrimination is one of the most common forms of employment discrimination experienced by people. People who are either considered too old or too young despite their obvious qualification are often ignored for others.</p>
<p style="text-align: justify;">Employment discrimination is illegal. This practice is spelled out under Title VII of the Civil Rights act as established in1964. Herein employers are forbidden to discriminate on issues of employment because of a person&#8217;s religion, national origin, sex, race or age. Employers are also not allowed to deny employment to individuals who are suffering from a physical disability. Alongside these federal laws, some states also provide additional discrimination laws which are aimed at ensuring that people are provided with a fair and even chance of employment. However in instance where &#8220;bonafide occupation requirements&#8221; are specified (i.e. a person&#8217;s defined nationality) as a requirement for qualification, discrimination can be permitted.</p>
<p style="text-align: justify;">As a result of these spelled out rules it is important that interviewers avoid asking or focusing on these areas during an interview. Questions that hint or suggest possible employment discrimination (i.e. age or race related questions) can be used successfully in discrimination claims. When conducting an interview, interviewers must be careful not to ask questions that might hint at discrimination. In the same vein, if a person is asked such questions and believes that these might be the discriminating reasons behind his/her failure in being awarded the position, then such persons should immediately seek the services of an employment attorney immediately.</p>
<p style="text-align: justify;">The closed nature of employment makes proving employment discrimination very difficult. Unless an employer publicly states that a candidate was disqualified on grounds specified in Title VII employment discrimination laws, most people will find it difficult to successfully prove their case in court. Also, all too often people get passed over for reasons that are not considered to be discriminatory. However this does not mean that a case of discrimination cannot be successfully made against an employer. In the event that a company is shown as having a clear pattern of discriminatory behavior, proving a discrimination claim becomes a lot easier.</p>
<p style="text-align: justify;">There are many options available to people who suspect that they have been victims of employment discrimination. People can choose to file a lawsuit against the responsible company requesting compensation on grounds of their illegal discrimination. This right is fully spelled out in the Federal Civil Rights Act of 1991. The EEOC is also charged with enforcing these laws.</p>
<p style="text-align: justify;">The statute of limitation on employment discrimination is very short. Many states only permit a 180 day window during which a discrimination complaint can be filed. Although it is possible for people to file these complaints themselves, the complex nature of employment discrimination laws makes hiring an attorney a much more effective choice. With a skilled employment attorney, people will be able to cut through the long hours of procedure needed to get their case heard early. An attorney will also be able to provide people with a better feel of where their case stands. If an attorney feels that your case is strong or weak, he will let you know accordingly.</p>

	Tags: <a href="http://www.billycasazza.com/tag/law" title="law" rel="tag">law</a><br />

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		<title>The Requirements For Practicing Law</title>
		<link>http://www.billycasazza.com/50/the-requirements-for-practicing-law</link>
		<comments>http://www.billycasazza.com/50/the-requirements-for-practicing-law#comments</comments>
		<pubDate>Sat, 02 Jan 2010 15:50:54 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[school]]></category>

		<guid isPermaLink="false">http://www.billycasazza.com/?p=50</guid>
		<description><![CDATA[Those given the responsibility to uphold and protect our laws are often called lawyers or attorneys. A law degree is required to practice law. The demands of law school are fierce and one should be well committed to completion and well prepared before beginning.
The requirement is a four year undergraduate degree, often in pre-law or [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">Those given the responsibility to uphold and protect our laws are often called lawyers or attorneys. A law degree is required to practice law. The demands of law school are fierce and one should be well committed to completion and well prepared before beginning.</p>
<p style="text-align: justify;">The requirement is a four year undergraduate degree, often in pre-law or political science, criminal justice, business or English. Acceptance into law school is based on performance as an undergraduate and an acceptable score on the Law School Admission Test (LSAT). Usually only the highest achievers, those with the best test scores, are admitted into law school.</p>
<p style="text-align: justify;">Law school consist of three to four years of additional schooling. After the end of these studies they earn a juris doctor (JD) only then can they apply to take a written bar exam for the state they plan to practice. Dedication and hard work are required to undergo this rigorous training.</p>
<p style="text-align: justify;">What does it mean to &#8220;practice law&#8221; in America? The law is the regulations and rules included in our legal codes and constitution. To practice law is to enforce, defend and protect those laws. Laws set the boundaries which business and people interact lawfully. Laws can be as simple as being required to stop at a stop sign or as complex as the national tax code.</p>
<p style="text-align: justify;">The areas of practice are as diverse almost as the professionals themselves and are specialized in each state. From Philadelphia social security disability to Utah&#8217;s immigration laws and regulations, lawyers must not only study and learn law on a national level but what is going on in their individual state, that is why the bar exam is specific for each state.</p>
<p style="text-align: justify;">Gather all the information available before beginning the quest, be a dedicated student, do well on the LSAT, continue a rigorous study while in law school and your dreams of defending the law will be realized.</p>

	Tags: <a href="http://www.billycasazza.com/tag/law" title="law" rel="tag">law</a>, <a href="http://www.billycasazza.com/tag/school" title="school" rel="tag">school</a><br />

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		<title>The Growth and Instability of Internet Law Requires Entities to Focus and Refocus on Terms of Use</title>
		<link>http://www.billycasazza.com/35/the-growth-and-instability-of-internet-law-requires-entities-to-focus-and-refocus-on-terms-of-use</link>
		<comments>http://www.billycasazza.com/35/the-growth-and-instability-of-internet-law-requires-entities-to-focus-and-refocus-on-terms-of-use#comments</comments>
		<pubDate>Thu, 17 Dec 2009 06:58:42 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[internet law]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.billycasazza.com/?p=35</guid>
		<description><![CDATA[No other area of law is as undeveloped as internet law. While many traditional legal principles are applied to the online world, the unique technical and factual challenges presented by the internet can leave those who are unprepared vulnerable. Fortunately, internet lawyers do exist and are able to help identify legal risks, mitigate those risks, [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">No other area of law is as undeveloped as internet law. While many traditional legal principles are applied to the online world, the unique technical and factual challenges presented by the internet can leave those who are unprepared vulnerable. Fortunately, internet lawyers do exist and are able to help identify legal risks, mitigate those risks, and provide recommendations in light of the newly developing laws.</p>
<p style="text-align: justify;">In fact, one should look no further than a website&#8217;s Terms of Use, sometimes known as Terms of Service, for insight into the state of internet law. It is within these terms, which if drafted properly and implemented effectively, that an internet service provider (ISP) and end-user will be bound in multiple instances. ISPs will seek immunity through the use of the Digital Millennium Copyright Act&#8217;s (DMCA) safe harbor provision or Section 230 of the Communications Decency Act. On the other hand, users will look to these terms to understand what rights have been granted to them and those that are reserved by the ISP. Equally important, third parties will even be governed by these terms as they attempt to redress copyright infringement, trademark infringement, online defamation, or other legal issues through the ISP.</p>
<p style="text-align: justify;">Terms of Use are no longer an option. While they are not required, for example like a housing contract under the Statute of Frauds, they are critically important to any ISP. However, these terms should not be static. They should be reviewed and changed, preferably by an internet lawyer, in light of the changes within the field of internet law. Moreover, ISP&#8217;s must be aware of the laws so that their actions can also change, as needed. For example, the recent changes to Part 255 of the FTC Guides as it pertains to testimonials could expose entities to liability for failure to comply. Simple disclaimers may no longer suffice. Instead, well-drafted and well-reasoned Terms of Use can help reduce the likelihood of legal and financial liability.</p>

	Tags: <a href="http://www.billycasazza.com/tag/internet-law" title="internet law" rel="tag">internet law</a>, <a href="http://www.billycasazza.com/tag/law" title="law" rel="tag">law</a><br />

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		<title>Natural Law Theory</title>
		<link>http://www.billycasazza.com/14/natural-law-theory</link>
		<comments>http://www.billycasazza.com/14/natural-law-theory#comments</comments>
		<pubDate>Tue, 27 Oct 2009 14:25:09 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[justice]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[law theory]]></category>
		<category><![CDATA[natural law]]></category>
		<category><![CDATA[natural law theory]]></category>

		<guid isPermaLink="false">http://www.billycasazza.com/?p=14</guid>
		<description><![CDATA[In attempting to garner an understanding of the nature of law, early legal philosophers and academics formulated what has come to be known as the natural law theory, and has become a literal cornerstone of the development of modern legal thinking.  Although somewhat limited in modern jurisprudential thinking, natural law has had a tremendous [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">In attempting to garner an understanding of the nature of law, early legal philosophers and academics formulated what has come to be known as the natural law theory, and has become a literal cornerstone of the development of modern legal thinking.  Although somewhat limited in modern jurisprudential thinking, natural law has had a tremendous impact on our understanding of what law means in society as a baseline from which to build more complex theories.  In this article, we will look at some of the major propositions underpinning the concept of natural law, and the corresponding strengths and weaknesses of this fundamental interpretation of the legal function.</p>
<p style="text-align: justify;">Natural law starts with the basic premise that the law is driven by morality, and consequently is affected by it.  With a history extending back to Aristotle and other early philosophers, the natural law theory has traditionally linked the law with religion and an innate sense of justice, rather than the more pragmatic approaches of some other theories.  Although this might sound rather basic, the principals have been developed and refined through academic debate for centuries ultimately leading to a far more sophisticated theory of the nature of law.  The idea that all law is subject to an unwritten code of morality is fundamental to natural law.  This also throws up some potential problems in terms of civil regulation.  Certain natural law theorists suggest that for a law to be binding on the citizen, it must conform to this sense of natural justice.  However, there is clearly no definitive objective concept of morality, which casts doubt over this principle.  Additionally, the prospect that a law may be disregarded in favour of some higher sense of morality doesn&#8217;t conform in reality, considering the potential implications of consistently disregarding law on the grounds of the subjective concept of justice.  </p>
<p style="text-align: justify;">Furthermore on this primitive understanding of natural law, the citizen in contravention to the laws of his state, could attempt to excuse his actions through a justification of &#8216;immoral&#8217; laws.  This would also create a state of disorder, given the natural variation of personal opinions, which would ultimately render society unworkable.  For this reason, the natural law scheme has failed to garner modern academic acceptance, of course with a few exceptions.</p>
<p style="text-align: justify;">Natural law has been proposed as a consideration in trying war criminals, on the basis of the retrospectivity principle, i.e. no man can be tried for a crime that was not a crime when he committed it.  Many war criminals are merely cogs in the machine of a legal regime, which ultimately permits their actions, however unjustifiable morally.  Natural law theories give a basis for challenge on these grounds, whilst avoiding the awkward question of direct legal contravention, which ultimately works to serve justice.  In this sense, it is perhaps useful as a canon of interpretation and in determining just and equitable outcomes in &#8216;difficult&#8217; cases.  However, as a wider legal concept, natural law and the proposed intersection between law and morality seems too awkward to reconcile with considered academic legal understandings.  Having said that, natural law has provided an excellent starting position for further advanced argumentation, and has provided a platform for critique that has been essential to the development of the more sophisticated ideas held in regard in this modern day.</p>

	Tags: <a href="http://www.billycasazza.com/tag/justice" title="justice" rel="tag">justice</a>, <a href="http://www.billycasazza.com/tag/law" title="law" rel="tag">law</a>, <a href="http://www.billycasazza.com/tag/law-theory" title="law theory" rel="tag">law theory</a>, <a href="http://www.billycasazza.com/tag/natural-law" title="natural law" rel="tag">natural law</a>, <a href="http://www.billycasazza.com/tag/natural-law-theory" title="natural law theory" rel="tag">natural law theory</a><br />

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		<title>Copyright</title>
		<link>http://www.billycasazza.com/7/copyright</link>
		<comments>http://www.billycasazza.com/7/copyright#comments</comments>
		<pubDate>Tue, 27 Oct 2009 13:42:43 +0000</pubDate>
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				<category><![CDATA[Articles]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[intellectual property]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[protect]]></category>

		<guid isPermaLink="false">http://www.billycasazza.com/?p=7</guid>
		<description><![CDATA[Copyright is a legal fiction designed to protect the works of artists, inventors and innovators.  In essence, it is a legal bar, allowing exclusivity for those who create works in the form of an intangible asset which can be sold or relinquished, and which expires upon a certain period of time.  With the [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">Copyright is a legal fiction designed to protect the works of artists, inventors and innovators.  In essence, it is a legal bar, allowing exclusivity for those who create works in the form of an intangible asset which can be sold or relinquished, and which expires upon a certain period of time.  With the growth of the internet, and the creation of more and more content, the question of copyright is becoming increasingly more relevant, and one which more and more webmasters are considering to protect their own interests.  Additionally, with the rise of the freelancer market, the issue of copyright is becoming a heated topic of debate for both buyers and sellers at every stage in the production chain, and the effects of not having the relevant rights could be potentially catastrophic.  In this article, we&#8217;ll look at what exactly copyright is, and how it relates to the internet in content creation.</p>
<p style="text-align: justify;">Copyright is an artificial concept that gives the creator of a work, or the person he sells the right to, the legal right to use or modify in whole or in part, and to call their own.  It has a different meaning in most jurisdictions, however the basic principle is the same: the creator owns the original copyright to the work in question, and has the freedom to pass this on at will, usually in consideration for money.  Where a creator is working on commission, copyright is designed to act as a lien in his favour, meaning that if he creates and passes on but does not receive payment, he can withhold copyright and sue for breach where applicable.  Of course, he would also have remedies under the ordinary law of contract, but the grasp of copyright is a very powerful tool, which can even be used against the third party buyer from the original commissioner.</p>
<p style="text-align: justify;">Copyright is designed as a tool to cover what is known as intellectual property.  Committing intellectual thoughts and ideas to paper, or making them tangible is usually sufficient to give rise to the copyright protection, which usually lasts for a number of decades in preventing others from steeling ideas.  This is primarily designed to encourage forward thinking and art, and can be a vital tool in protecting the financial interests of those responsible for some of the world&#8217;s most vital progressions.  Consider the inventors of the seatbelt, Volvo.  Volvo could have used their copyright to prevent other manufacturers from installing seat belts, and this would have been sufficient to protect any other manufacturer from doing so.  Of course they waived their rights for the safety of the general public, which is also a possible consideration for the creator of something new and innovative.</p>
<p style="text-align: justify;">Copyright is an exhaustible right, and it usually expires on a given date, after which all works enter the public domain.  This means that those who create new products have sufficient time to capitalise on their idea before the world at large can join in.  Unfortunately for many musicians, this means their artistic works can no longer make them money specifically, and can be used royalty free; a fact that has caused much uproar and unrest in recent years.</p>
<p style="text-align: justify;">Copyright is a dynamic area of the law, and is particularly relevant to the internet.  As more and more content of more and more varieties is created online, there comes a need to find protection in copyright law to prevent unscrupulous parties from using content without authorisation.  In combating this, a number of international legal organisations have been established with a view to tackling copyright violation, and helping those without legal support to fight cases for the protection of their work.  It is undoubtedly an area of law that is on the ascendancy, as lawyers worldwide strive to find a cohesive structure to online intellectual property law, and the protections online authors should be afforded for creating their works.  At least within national boundaries, it is highly possible to rely on copyright laws to protect and govern material. </p>

	Tags: <a href="http://www.billycasazza.com/tag/copyright" title="copyright" rel="tag">copyright</a>, <a href="http://www.billycasazza.com/tag/intellectual-property" title="intellectual property" rel="tag">intellectual property</a>, <a href="http://www.billycasazza.com/tag/law" title="law" rel="tag">law</a>, <a href="http://www.billycasazza.com/tag/protect" title="protect" rel="tag">protect</a><br />

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