The case of Kelo vs. The City of New London is a land law case involving the city's power of eminent domain. Eminent domain is the power of the government to purchase property of individuals for public use.
In this case, the government acquired the properties of Kelo and others to give it to a corporation…
The land subject to eminent domain is to be given to a private entity for an economic project. The problem presented by those who criticize the ruling in this case is that private entities and corporations might use this to influence the government in acquiring lands. This will give them an undue advantage against individual citizens with respect to property rights.
According to John Locke, the moment a person is born, he has the right to preservation. He has the right to enjoy and use nature for their subsistence. "God, who hath given the world to men in common, hath also given them reason to make use of it to the best advantage of life and convenience." Locke said.
As such, According to Lock, since God gave the world to men for its use and enjoyment, there must be some way in which people could take them and own them. Because without taking them and owning it, how could people use it This is the basis of individual property rights.
However, the property rights of a person are not absolute or unconditional. It may be subject to conditions and it may be limited in favor of the state, the general welfare of the people or for public order. For example, the government may regulate transactions involving properties. These regulations may take the form of contract laws, professional regulations law, or even labor law.
Another example of limitation o...
Because the government is task to protect and promote the general welfare of its people, to successfully do this, it needs money to spend. And a bulk of the money used by the government comes from taxes. Without the power to impose taxes, the government will not be able to acquire money and by taxation, individuals are required to part with a portion of their property in favor of the government. Hence it is a limitation to their property rights.
The Power of Eminent Domain
Another form of limitation on the individual's property rights is eminent domain. In eminent domain, the government is authorized to take a person's property, even against his will, as long as such taking is for a public use and the person is paid just compensation.
The Problem with This Case
Usually, this is exercised by the government when it builds infrastructures such as bridges, school buildings and the like, mostly government owned. However in this case, it was exercised by a corporation for economic development.
While it is true that the economic project will reap benefits for the whole city such as jobs and revenues in the form of taxes, such is only incidental. Ultimately, whatever revenue that the corporation will receive will go to the private persons who own it.
This, I believe, would cause an alarming precedence. Because of this ruling, the private entities are now allowed, in a way, to exercise eminent domain. All it has to do is to apply to the city, present the number of jobs that it could offer the possible revenues that it could earn the city and they can get delegation of that power. They can force individuals to sell them any property they like.
In my opinion, this would threaten the individual's property rights. Exercise of eminent ...
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(“Property Rights Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
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(Property Rights Essay Example | Topics and Well Written Essays - 1000 Words)
“Property Rights Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.net/miscellaneous/302520-property-rights.
Intellectual Property. Intellectual property is a broad and complex term that generally refers to specific intangible creations of an individual’s mind. Intellectual property law mainly protects the rights on intangible assets such as music, literature, art, discoveries and inventions, phrases, symbols, and designs.
There are many factors which affect the IPR of staff, students or post doctoral fellows in case of laboratory discoveries 1) Sponsorship – when the research is sponsored by a company, organization or the government the IPR shall be followed as agreed on the agreement prior to the undertaking of the project.
WTO or World Trade Organization has applied some minimum standards for the safe guard of the intellectual property. This agreement came into existence in 1994 after the Uruguay round of GATT ended. GATT stands for “General Agreement on Tariffs and Trade”, which led to the formation of WTO (Archibugi and Filippetti, 2010).
This assumption would stand as long as the original ownership of the creation is not proven otherwise. The piece of work being a logo, it legally falls under trademarks as intangibles. Legally, the law outlines the protection of such creations under intellectual copyright.
Peter Druker, the patriarch of management practices in this 21st century opines that entrepreneurship connotes innovation, which is a discipline, or a practice that has to be inculcated and implemented in empirical situations for common good and for increasing corporate value for shareholders.
You can find this case law at caselaw.lp.findlaw.com/scripts/getcase.plcourt=fed&navby=case&no=961327. The conclusion of this case is the appealed decision is reversed and the case is remanded to the district court for further proceedings consistent with this opinion.
In the field of medical and genetic research particularly, the issue has been that the developing world is restricted from the benefits of research. These restrictions are largely created by an imbalance of property and patent rights in favour of rich countries.
To be more precise, the author examines the problem of property rights to the products of genetic engineering, and genetically engineered seeds, in particular ("genetically engineered seeds" (GES) are the seeds which have genes from some other organisms).
I would make it more professional, include details of company products and their characteristics in terms of intellectual property rights. I would also include comprehensive information on IP Law in relation with the Information and Communication
inborn in the constitution of most countries while some of the rights are influenced by and influence the social and economic factors in any social setting such as a clan, community or a country. The societal customs and traditions are undergoing evident changes, moving from a
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