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Marijuana is a business

  Business Law Current Event Journal   Laird, L. (2017). To Colorado, marijuana is a business—to the federal government, it’s a criminal conspiracy. American Bar Association. Extracted from http://www.abajournal.com/magazine/article/colorado_marijuana_business_is_a_criminal_conspiracy_to_the_feds

There has been an unrelenting controversy between the marijuana entrepreneurs and the law in Colorado. Nevertheless, the significant natives around the Pueblo county have been communicative and with most expressing criticisms against the product (Marijuana) for an extended period. For instance, the Reilly’s, Phillis and Michael Reilly, unfortunately, live in Colorado and have predominantly continued to declare their deep hatred for marijuana. Laird (2017) reaffirms that Reilly's claim ownership of approximately 105 acres, with most consisting the undeveloped pieces within the Pueblo county. According to the article by Loreleli Laird, the tycoons use the land as a leisure platform since they occasionally visit the Pueblo-based asset on weekends accompanied by their children to ride horses. A group of marijuana tycoons purchased approximately forty acres of land near the Reilly's and subsequently established an empire that serves as a recreational and medical Centre for marijuana markets in Colorado.

Unfortunately, the Reilly’s own the ‘Safe Streets Alliance’; a not for profit group that has a motive of discouraging drug use in Colorado. To validate the criticism, the Reilly’s argue that the marijuana farm damages the value of their adjacent land through the strong marijuana smell. They as well claim that the marijuana farm is a potential attraction site for harmful practices such as thefts owing to the resource’s use to the production of valuable drugs.

The complaint on its own lacks a substantial base to make a case in the state court, and so, the Reilly's in association with the Safe Streets Alliance presented their complaint in the federal court. In their rescue, the national advocates the illegality of marijuana by the substances control Act. Moreover, it is stipulated that it is a violation of the CSA (controlled substance Act) is a violation of the Corrupt Organizations Act by Racketeer's principles on organized crime. For that reason, the Reilly’s in association with the Safe Streets Alliance not only prosecuted the farm but also sued business and other government agency in cohorts with the marijuana empire. Assisted by the RICO, they won the victory while as of !0th June, the Circuit Court Appeals in Denver, United States stipulated that property value grievances were substantial to fight the attempts to its dismissal.

Discussion

It is arguable that the adverse causes of Marijuana in the community are profound to allow its production in an open environment. There is a variety of evidence that suggests the need for its regulation considering that its effects are mostly put in line with unproductive factors in the society. Marijuana is regarded as one among the hard drugs not only in Colorado but the entire world, and it is negatively reputed in most parts. The production of the commodity in an open area tends to encourage its use in the country, which postulates the negatives effects it might impose on the economy. The product has been associated with reduced institutional performance for an extended period in history hence the need to regulate its production. For instance, it is commonly associated with the reduced educational achievement considering that it is a major player in influencing school dropouts in different educational systems. It is reasonable that school performance is the basis of expertise in the country and dropouts suggests low or rather reduced production in the industrial landscape.

However, it is important to note the value of the product to the economy before terminating its production in Colorado. The article conceptualizes that Marijuana is an essential resource for the production of expensive drugs used around Pueblo County and also in Colorado.  Despite the generalized criticism regarding its effects, the commodity is of significant value to the economy thus the need to implement strategic mechanisms to its regulation rather than prohibiting its prohibition.

Clark, K. (2017). UN chief calls for increased help in tackling human trafficking and war crimes. Extracted from, http://www.jurist.org/paperchase/2017/11/un-secretary-general-calls-for-increased-help-against-human-trafficking-and-potential-war-crimes-by.php

Antonio Guterres, the UN secretary, presented strong concerns a debate in New York to the UN Security Council on the increase of human trafficking. The Secretary-General filed the case on the 19th of November, 2017 critiquing terrorist groups including the Boko Haram, Lord's Resistance Army, Da'esh, and also Al-Shabaab as the significant facilitators of human trafficking (Clark, K. (2017). He claimed that the groups are practicing de-humanizing slaveries by denying both women and children their human rights. The case tends to demonstrate the immoral practices in Libya where African immigrants were traded as unconscious goods.

The emotional presentation of the case aroused worrying concerns by the brutality of the activities. Guterres said that the continuity of the business tends to advocate for human exploitation, the trading of bodily organs and human labor. The general’s motive was to impose the need for curbing the steadiness of the activity while establishing the necessary measures that protect and communicate humanity in response to human rights and dignity of immigrants. Antonio was in pursuit of ensuring that the perpetrators of human trafficking face justifying legal penalties to validate the essence of humanitarian aid in the community. Nevertheless, Antonio’s case shows the need for the United States to take the responsibility of strengthening the Libyan government by increasing its capability to protection while providing for the vulnerability of the victims.

Antonio congratulated the UNSC for its assistance in diminishing human trafficking through the Resolution 2331 although he showed the importance of intensifying the efforts for sustainable and improved results. Importantly, the Secretary-General suggested that the comprehensive system of human trafficking, that is, the routes and markets should be explored for reasonable solutions to be made. Moreover, Guterres observes human trafficking as a developmental problem, which changes with globalization thus the importance of understanding its cause and purpose for enduring strategies to its prevention. Generals recommended that its roots should address the issue. He announced that government should focus on employing proper mechanisms of ending poverty and poverty and exclusion for continuous development; which will, in turn, reduce or slightly, deter attempts to human trafficking.

However, Guterres was concerned that the victims are mostly detained in refugee camps rather than supported. His intent imposed the need for urgency in helping the survivors and victims of the de-humanizing activity. He criticized the situations where the survivors are detained and treated as criminals whereas they are innocent people who are quoted in the action not because they are willing but because they were forced through brutal activities.  To his conclusion, Antonio said that the international community including governments, the society and also the private sector has to engage to strengthen the attempts to its end fully. The parties should associate with the responsive agencies including the Blue Heart Campaign for enduring resolutions regarding human trafficking in different parts of the world.

Discussion

Human slavery is a significant hindrance to both social and economic development not only in the origin land but also in the country where the immigrants find their settlement. It is important to note that, human trafficking is a developmental practice that continuously employs changing strategies hence the need to find sustainable solutions to its protection. For instance, poverty is a significant player in influencing the development of defiant behaviors in different communities thus the importance of the international community to place social development as the primary control measure to human trafficking. Suggestible, governments and also the superior organizations should together build enough chances including job employments for ensuring social sustainability to diminish its occurrence. Also, it is the responsibility of the state government to ensure that the perpetrators are heavily penalized to deter engagement to criminal groups in the society.

Eachambadi, R (2017). Federal court strikes down Texas ban on the second-trimester abortion procedure. Extracted from, http://www.jurist.org/paperchase/2017/11/federal-judge-strikes-down-texas-ban-on-second-trimester-abortions.php

 

The ruling by the District Court for the Western District of Texas, US that disapproved the SB 8 encompassed strong concerns around Texas (Eachambadi, 2017).  The ruling discontinued the “dilation and Evacuation’ that was commonly used as an abortion procedure of the second trimester in the country.  The verdict inferred that SB 8 as an unconstitutional practice that denies women their right to abortion. The controversy is established by the fact that a district court has no capability of redefining the judgment of the Supreme Court regarding the issue. It is also stipulated that a district court is only mandated to protect human rights rather than dismantle the rights thus the criticism.

The Texas Legislature approved the bill in June by the family, health, and safety codes, which has significantly transformed the essentials of the family code in the country. For instance, it has redefined the act of abortion by introducing new strategies for identifying a real practice of abortion. The bill as well has disapproved partial-birth and dismemberment abortions.  According to SB 8, D&E procedure is characterized as an offense of felony and participants are prone to imprisonment. The bill as well confirms that physicians are liable for reporting D&E practices to the law whereas the state is obliged to finance the burials for fetal tissues.

The law was challenged by different agencies including the Planned Parenthood, Whole Woman’s Health, and medical doctors in August. The court prohibited the implementation of the bill until the actual ruling of the case in 22nd November. Importantly, the decision of November rejected the various procedures of abortion on different considerations. The court stated that the process involves unreliable elements such as injections of potassium chloride which do not guarantee the livelihood of the fetus. 

Discussion

Abortion is a hindrance social development, and its acceptance has negative impacts on the economy. Inadequate regulation of abortion reflects chances for poor economic performance due to lack of enough labor thus the need to prohibit unreasoned abortion. However, this argument does not suggest that parenthood should not be planned instead it indicate that proper and more reliable options should be put in place its ethicality.

Suder, J, (2017). FCC releases plan to dismantle net neutrality. JURIST. Extracted from http://www.jurist.org/paperchase/2017/11/fcc-releases-plan-to-dismantle-net-neutrality.php

The FCC’s (Federal Trade Commission) plan to regulate net neutrality has led to significant social uneasiness.  Net neutrality defines the regulations that advocate for equal internet accessibility. However, the plan that was released by the FCC on 21st November 2017 intends to dismantle the rules to net neutrality across the United States (Suder, 2017). The journal states that the plan inclines to disagree with the regulations of the Obama’s administration that offered every member equal rights and chances to the internet.  According to the FCC’s position, internet providers are expected to block users from accessing certain websites by limiting their services.

The implementation of the proposal posits that users will be denied high-speed internet services. Moreover, the plan prohibits companies from raising the prices for high-quality streaming. The program is intended to end the utility-style management of the internet whereas promoting the bipartisan consensus that facilitated light-touch regulation of the internet. The dismantling of the rules of neutrality is claimed to be an efficient mechanism of fostering innovation and investment in the future. The FCC argues that increased assets in digital infrastructure have chances to more job opportunities and increased competition levels in the digital market. Moreover, the plan postulates that the rationing will improve internet accessibility within the rural communities and between the individuals of low-income categories.

It is arguable that the implementation of the plan by FCC will explicitly dismantle the existing rules of 2015 whereas bringing a lot of changes in the digital environment. It postulates chances for the reappearance of broadband utility as a public utility from which it will be essential factors in the society. Nevertheless, different companies criticize the move by claiming that it has a lot of factors that may lead to economic downturn. Evidently, the Telecom behemoths including the AT & T and also Verizon affirm that the move denies customers the freedom to enjoy the diversity of cyberspace owing to slow internet connectivity. Also, the large internet companies including Google and Amazon demonstrate the adverse effects of the regulations will promote the services of telecom companies while denying customers chances to exploration in pursuit of information or entertainment.

            As a result, the net neutrality has aroused significant political concerns not only in the US but also in other different countries. Conflicts are yet to be experienced by various companies such as Google and Facebook regarding the failures of internet rationing.

Discussion

The ban on net neutrality has negative impacts on development considering that most of the practices in the world today rely on internet connectivity for increased productivity. The move suggests that unemployment will be pervasive in the country and also worldwide because many, especially the youths consider the internet as a source of income. For that reason, the move should be dismissed to ensure sustainability in the world.

 

 

 

 

 

Maier, L. R. (2017). Will Any Software Patents Survive? ALM Media Properties, LLC.

Extracted from https://www.law.com/newyorklawjournal/sites/newyorklawjournal/2017/11/21/will-any-software-patents-survive/

 

According to Robert (2017), the district courts have been criticizing the software-related patents invalid for failure to abide by the important rules in the market. This article infers that the software patents have been questioned through the 35 U.S.C. §101, which is the vital requirement for patentable subjects. There have been vigorous attempts at challenging the decision of the Federal Circuit to validate the speculation by the district courts on software patents. To his argument, Robert suggests that the hearing of the case might expose the patent lawsuit to unexpected outcomes. The petitions have been presented to the Supreme Court by the quoted companies to validate their patents claiming that the district courts are not considerate for the valuable contribution of the software industry to the economy. The controversy revolves around whether the software-related sector is patent-eligible subject.

Discussion

Failure to abide by the patent role posits a variety of questions regarding the quality of the services. Lack of paying patent costs affects the economy negatively considering that it changes the reasonable regulation of pricing and quality standards in the market. It is therefore wise to strongly fine the responsible parties to maintain conformity in the market.

However, it is a reality that software is computer component that is in the market to stay owing to the continued use of digital technology in the contemporary world. The world of today does not consider what used to be patent –eligible hence the need to find new strategic ways of identifying, instead the claims that are patent-eligible. It is the responsibility of the authorities to establish some predictability on the patent-related issues for the betterment of market innovations. It is arguable that software is a form of creativity like any other types of developments in the market thus the need to lessen the patent regulations that tend to deter its presence in the market. Nevertheless, there is a reliable base to arguing that the software patents have not been the problem, but the problem has been the legal systems that over claim the issue whereas hindering creativity. For that reason, it is the responsibility of the Supreme Circuit to consider software patents as any other forms of business rather than a violation of the patent requirement.   

 

 

2544 Words  9 Pages
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