Sunday, January 9, 2011

The Definition of Copyright

Copyright is defined as an exclusive right to publish, sell or otherwise deal with a written matter be it a book containing any kind of material. The copyright act of 1976 protects any writing after January 1 1978 for the lifetime of the author plus seventy years. If there are two or more authors of a work then the copyright lasts for 70 years from the death of the last remaining author. Anonymous publications however are different. They last for 95 years from the date of publication or 120 years from the date of writing whichever is shorter.

Any works that pre existed the January 1 1978 were originally copyrighted for 28 years with a renewal of that term available. The copyright act extended the renewal period to 47 years making the total term as 75 years. Public law number 105-298 which was written on October 27 1998 extended the term to 67 years, for a total of 95 years.

The availability of any work in the public domain where it is freely accessible to the outside world cannot be copyrighted as it is accessible to anyone. Thus it is freely copy able and distributed by anyone. If a work is protected by a copyright, it is denoted with a small c in a circle or the words copyright is written below it.

The practice of requiring a notice to be published advising people of the copyright is not required by the law as amended on March 1 1989 at the Berne convention. United States along with other countries agreed to follow its guidelines. However works written prior to the date required a written notice or they were considered in the public domain. If a notice is still used after that date it is beneficial to the author as it identifies his or her name, the date of writing and publication, and helps in any judicial matters pertaining to the work.

Copyright Law protects the intellectual property of individuals or a group of individuals, from unscrupulous people who would try and benefit from the hard work and knowledge of others

Read more...

Saturday, January 8, 2011

The Importance of Construction Law and Litigation

Recent problems in the housing industry and economy have resulted in a number of canceled and abandoned construction projects. As a result, the need for construction lawyers is greater today than ever before.

Construction projects involve a multitude of various contracts and many different people. Construction law is not as cut and dry as other types of law because of this.

Each construction law firm specializes in different areas, but will likely address legal issues such as:
  • Construction delays--delays have become a very serious issue as money becomes a problem for contractors. But even if the contractor or the person who spearheaded the project no longer has money to finish a project, he or she still owes a great deal of money to investors. Many projects have been abandoned because of this issue.
  • Cost overruns and change orders--this is when an individual investing in a construction project believes that he or she was lied to when the deal was first sold and a solid monetary number was listed.
  • Contracts--as previously mentioned, there are many contracts involved in any construction project. There are contracts between investors, contractors, employees, renters, etc.
  • Defective work claims--when money starts to dry up, it is common for contractors to try to cut corners by finishing the work on the project in a very cheap and poor manner.
  • Defects such as roofing defects, water intrusion, structural life safety issues
  • Liens
  • Insurance coverage disputes
  • Mold and mildew claims
  • Documents related to the project including loan documentation
Most construction projects have so many elements to attend to that it is difficult to proceed without a knowledgeable construction lawyer.

Read more...

Thursday, January 6, 2011

How to Apply the Law of Attraction

There is no one definitive authority for what the law of attraction is, no authoritative written definition. However, there is a general consensus about what the law is. The law says that by constant visualisation and coaching of our subconscious mind we will vibrate in harmony with that which we desire and thereby make the universe respond by delivering to us the thing that we wanted.

Decide what you want, visualise and affirm without negatives, really feel and believe the scenario of your having this desire, detach and believe that the universe will deliver - and lastly, you are not a passive passenger in this process - take positive action, if you want a vintage Ferrari and you see one parked in a garage down the street why not ask if it is for sale, wait and feel the moment to take your cue and act.

The law is said to be constantly working. Believing this will encourage you to take responsibility and start to own your life and to take action to improve it and bring about all your desires. This element of self-responsibility is fundamental in taking action - if we truly believe we are helpless and at the mercy of outside forces we really will not have any energy or motivation to commit towards any form of positive action.
Our subconscious mind does not recognise negatives so when visualising it is important just to focus on the things that you do want. If for example you affirm that I don't want any debt - your subconscious mind will only latch on to the word debt. So affirmations, visualizations and any other technique should focus only on the positive outcome. I have no debt should be I am wealthy.

The power of belief cannot be underestimated. Consider the placebo effect and countless other experiments that demonstrably display the power belief has over our bodies and psyche. For example the students who were divided into two groups; one spent a month undergoing rigorous exercise and the other were given exercises that imagined the same exercises the other group were performing in reality - tests showed only a few percentile difference in muscle mass growth! The power of belief is fundamental to the effectiveness of the law.

To apply the law of attraction:
  • decided what you want, be specific
  • affirm and visualise your desire
  • support your affirmation with emotion
  • be consistent with what you are asking for
  • detach from your request and believe unquestioningly
  • wait for the moment to take action

Read more...

Monday, January 3, 2011

Understanding Public Indecency

When an individual gets charged with public indecency, it may mean that the individual committed any number of lewd acts in public. Public indecency is a catch-all term for acts committed in public that are deemed inappropriate for all to see openly.

Typically, these acts include some form of public nudity or sexual activity. Punishment for these crimes ranges from fines to community service to prison. Usually, the conditions surrounding the act play an important role in what sort of punishment an individual receives, as well as whether the individual is a first-time offender or not.
Most commonly, acts of indecent exposure or sexual intercourse or masturbation in public are considered indecent and may be punishable by law.

In most cases, the umbrella term "public indecency" is used to charge an individual with a crime for an action that is not necessarily banned by law. For instance, sexual intercourse or nudity in public may not be crimes in many areas, but law enforcement officials may still arrest these individuals on the grounds of indecency.

More so than many other laws, public indecency laws are open to the interpretation of the arresting officer as well as the court that hears the accused individual's case. As such, it may be possible for individuals to win their cases if they can prove that they did not actually break a law.

Doing this requires the legal expertise of a criminal defense lawyer who understands the criminal laws surrounding the act that an individual has been accused of committing.

Read more...

Administrative Law - An Overview

Administrative law is a part of public law and includes the administrative procedures, rules and regulations that government bodies must follow. It also lays down the scope and enforcement powers of government authorities. This law also provides for access to information pertaining to government agencies.

Admin law, while less open to review compared to criminal and civil law, provides for a procedure of review. Administrative authorities primarily review decisions on public rights taken by disciplinary bodies and non profit institutions, among others.

Another function of administrative law is to deal with government institutions engaged in administration, which include tribunals, commissions and boards. These government entities are authorized to take decisions in various fields, such as taxation, trade, broadcasting, labor and environmental issues.


Administrative Law: General Powers of Government Authorities 

Administrative law governs the actions of administrative bodies engaged in rule making, rule enforcement and adjudication. The regulatory administrative laws are applicable mainly on public officials and agencies.

Government authorities empowered under the admin law are entitled to powers, such as issuing permits, licenses, undertaking investigation and providing relief against grievances. These authorities are also empowered to monitor the actions of the government and issue orders for adherence to rules.

In several countries, there are specialized administrative courts as well. These have been established to review the decisions of government bodies. Administrative law judges are public officials who are empowered with quasi-judicial powers. They are authorized to undertake hearings, issue orders of compliance and findings of fact.

The administrative approach is slightly different from process of judicial review. Under judicial review, the Court evaluates the procedures followed by the administrative agencies to reach a final decision. Under the administrative approach, the determination of validity of the final decision is reviewed.

Read more...

Sovereignty and Conflicts

Once governments are seen as representatives of those whose consent they have obtained, an entirely new question arises: What powers have the people consented to delegate to their representatives? To a constitutional lawyer, this issue is strangely absent from much international law. One of the core elements of constitutionalism is that there must be constitutional authority for every action by a public body. This is reinforced by the 'closure rule' in public law that: 'whatever is not permitted is prohibited.

Domestically, this principle is sometimes reconciled with sovereignty by seeing the people as sovereign and the only power a public body has is that which has been specifically authorized by the constitution which has been agreed (or at least accepted) by the sovereign people. Raising such questions means that the international community would have to take domestic constitutions seriously. State international representatives would be seen as just that: representatives, with only the power they have been given. In some cases, different constitutionally endorsed bodies might be authorized to exercise different elements of the people sovereign power.

Methodologically, the question of what powers public bodies exercise will become a matter of international as well as domestic constitutional law. This will automatically introduce critical elements of domestic constitutional content and doctrine into international law. In the other direction, the actual limitations on state power caused by globalization and the increasing domestic reach of treaties will mean that international doctrine and methodology will infuse domestic law in all forms. As the walls between states break down so will the walls between domestic public law and public international law.

By the same token, the growing reach of international business and the growing recognition of international agencies mean that public and private international law will be increasingly linked. Domestic corporate law will at least be linked, and probably fused, with the new emerging global public law. If anything, it actively encourages human rights abuses by rewarding the successful exercise of force to secure dominion over a particular territory. It rewards those who mount anti-democratic coups. It rewards those who rig elections. It rewards those who intimidate the population or who rule through and for one ethnic or social group against others.

If sovereignty is seen as extending only over those to whom the sovereign power is democratically accountable, then this principle provides members of any group over which that sovereign power is claimed a right to democratic participation. It also accords a right to those who have been excluded to democratic participation in that or another state. Sovereignty is no longer the recognition of a power over a people but the collective right of a people to participate in, and benefit from, an independent political community, participating as an equal in the community of nations. To put it another way, sovereignty becomes a human right.

The fact that the group in power is only seen as representing those whose consent it has sought and to whom it is accountable has important consequences for international legal personality. Initially only states had international legal personality. The above paradigm shift would change the nature of the international legal personality of states. The excluded groups consent is not sought and to who the group in power is not accountable have a right to demand full participation in the processes by which consent is sought and accountability delivered. If that right is denied, then the group in power does not have the right to represent them in the international community. This provides a lacuna which the excluded people have a right to fill and gives those who represent the excluded a particularly important right to be heard. A form of international legal personality has to be extended to such representatives. If the group in power prevents the emergence of such groups, the right to be heard is not extinguished; the individual members of the excluded group retain it. The attempt to silence the representatives of excluded groups would only have the effect of giving every member of the excluded group a right to be heard in international forums.

Read more...

Sunday, January 2, 2011

The Importance of Administrative Law

Over the past decade it appears that administrative law, which is the body of law governing the activities of administrative agencies of government, has been minimized, allowing a number of governmental agencies to run ineffectually. Ultimately this has resulted in numerous economic and environmental calamities within the United States, i.e.; British Petroleum, Enron, Wall Street, and the auto industry. The majority of governmental agencies within the United States are underneath the executive branch, with few being a part of the judicial and legislative branches.

When this body of law, which is considered also a branch of public law, is not regulated closely, it can upset the balance in areas such as police law, international trade, manufacturing, environmental, taxation, broadcasting, immigration, and transportation. One of the main responsibilities of administrative law is the enforcement of specific regulatory agenda. When rulemaking and adjudication are not followed as previously set, it is similar to allowing the 'fox to watch over the hen house.


Under The New Deal legislative plan, President Franklin D. Roosevelt and the Democratic Congress enacted several statutes that created new federal agencies to assist the United States from the economic dearth of the Great Depression. During this time, the opponents to The New Deal were concerned with the nation allowing extensive government, placing the United States into a position of a possible dictatorship. By 1946, after ten years of detailed study of administrative regulation, the Administrative Procedure Act (APA) became law.

To provide constitutional safeguards, the APA develops an outline to regulating agencies and their roles. The basic purposes of the APA are:
(1) to require agencies to keep the public informed of their organization, procedures and rules;
(2) to provide for public participation in the rulemaking process;
(3) to establish uniform standards for the conduct of formal rulemaking and adjudication;
(4) to define the scope of judicial review.

Read more...

Basic Classification of Law

These days when there are any flaws in our system or any failure in the operations; we react impulsively to such situations. So when we are quite alert to making others realize their responsibilities instantly, same should be the case with regard to our responsibilities. We also need to realize our responsibilities completely and be completely aware about the day to day scenario. With so many crimes taking place, it is the duty of every responsible citizen to have a complete know-how about the situation. With the scenario in the world totally changing, ignorance of the law cannot be any excuse for the commitment of a crime. Sometimes it just happens where in spite of our fair intentions we need to be completely aware so that we prevent ourselves from any fake intentions. Further when we have a better insight about the law and order we can even have a better knowledge about the rights and responsibilities. A better insight about the law of the law can serve as a handy tool in case of emergency situation, thus it will help you to make better decisions with regard to the situation you are dealing with. There are three major divisions of law and each of the below mentioned divisions is looked after by an attorney general.

First of all there are two classes i.e: Domestic and international laws.
Domestic laws are the laws which are applicable within the boundaries of our nation. The main objectives behind the enforcement of these laws are to ensure that the citizens of the concerned country are completely protected against violence. These laws contain the regulations which have provisions for punishing the people who violate against the law. Domestic laws are basically intended to safeguard the citizens.

International laws on the other hand are intended to establish and manage the relationship with the other countries. With the liberalization policy in 1991 there is more concentration been laid to govern the relationships with the other countries in a smooth manner. The major source of the international laws is the treaties, signed by the various nations and all these regulations bind the parties concerned with the different deals.

The next major section of the law is the public and the private laws. Public laws have a set of rules which is implied upon the State and it is applicable to all the citizens. The public law consists of two major sections i.e: the constitutional law and the administrative law that deal in matters concerning the rights and the privileges of the executive government and the public authorities. It also encompasses the criminal law which deals with the behavior of the society and any behavior which causes damage to the community as such. Industrial law deals with the management of the relations between the employer and employee.

Then we have the private laws which serve as a valuable tool to handle the individual relations and the legal bodies. The major sections which you have under the private law are the contract law that deals with the formal agreements between the different parties; the tort law that handles the disputes between the behaviors which causes damage to the other people, further it also consists of Family law that deals with the property and other issues within the family.

Read more...

Saturday, January 1, 2011

Privacy Policy

If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at stonea9@gmail.com.

At applicationofpubliclaw.blogspot.com, the privacy of our visitors is of extreme importance to us. This privacy policy document outlines the types of personal information is received and collected by applicationofpubliclaw.blogspot.com and how it is used.

Log Files
Like many other Web sites, applicationofpubliclaw.blogspot.com makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Cookies and Web Beacons
applicationofpubliclaw.blogspot.com does use cookies to store information about visitors preferences, record user-specific information on which pages the user access or visit, customize Web page content based on visitors browser type or other information that the visitor sends via their browser.

DoubleClick DART Cookie
.:: Google, as a third party vendor, uses cookies to serve ads on applicationofpubliclaw.blogspot.com.
.:: Google's use of the DART cookie enables it to serve ads to users based on their visit to applicationofpubliclaw.blogspot.com and other sites on the Internet.
.:: Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL - http://www.google.com/privacy_ads.html

Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners include ....
Google Adsense


These third-party ad servers or ad networks use technology to the advertisements and links that appear on applicationofpubliclaw.blogspot.com send directly to your browsers. They automatically receive your IP address when this occurs. Other technologies ( such as cookies, JavaScript, or Web Beacons ) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see.

applicationofpubliclaw.blogspot.com has no access to or control over these cookies that are used by third-party advertisers.

You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. applicationofpubliclaw.blogspot.com's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites.

Read more...

Application of Public Law © Layout By Hugo Meira.

TOPO