#depending on the particular violation and remedy

[mourning-again-in-america]

My review of National Security Law with Bobby Chesney and Steve Vladeck: one of the best legal podcasts, but much better drunk

[haggishlyhagging]

“Obviously, the increasing importance of keeping private property within the family spurred the development of concubinage as an institution for the preservation of patriarchal property relations. A couple's childlessness, with its implications of loss of property in the male line, could be remedied by bringing a concubine into the household. A Babylonian sales contract reads as follows:

In the 12th year of Hammurabi, Bunene-abi and his wife Belessunu bought Shamash-nuri from her father for the price of five shekels of silver. . . . To Bunene-abi she is a wife and to Belessunu she is a slave.

What is of particular interest here is that the concubine serves a dual function: she performs sexual services for the master, with the knowledge and consent of the wife, and she is a servant to the wife. This differs greatly from the relations between first and succeeding wives in many polygamous societies, in which the status of second and third wives is co-equal with that of the first wife. Each wife and her children are entitled to certain rights, to a separate dwelling place, to economic and sexual obligations the husband must fulfill in such a way as not to violate the rights of any wife. Thus, the nexus between sexual servitude to the master and economic service to the wife seems to be a distinguishing feature of concubinage under patriarchy.

The Biblical narratives of Genesis, composed between 1200 and 500 B.C., reflect a social reality similar to that described in the Babylonian sales contract (ca. 1700 B.C.).

The childless, aging Sarai urges Abram to have intercourse with her maidservant Hagar:

And Sarai said unto Abram: ‘Behold now, the Lord hath restrained me from bearing; go in, I pray thee, unto my handmaid; it may be that I shall be builded up through her.’ And Abram harkened to the voice of Sarai.

Similarly, Rachel urges her husband Jacob:

Behold my maid Bilhah, go in unto her; that she may bear upon my knees, and I also may be builded up through her.

There are several underlying assumptions implicit in these accounts: a slave woman owes sexual services to her mistress's husband, and the offspring of such intercourse counts as though it were the offspring of the mistress. All women owe sexual services to the men in whose household they live and are obliged, in exchange for ‘protection,’ to produce offspring. If they cannot do so, their female slave property may substitute for them, in the same way that a man may pay a debt by pledging the labor of his slave to the creditor. The dependent status of the ‘free’ wife is implicit in Sarai's pathetic statement ‘it may be that I shall be builded up through her.’ The barren woman is considered faulty and worthless; only the act of bearing children will redeem her. Rachel, before offering Jacob her handmaiden, exclaims, ‘give me children, or else I die.’ When at last ‘God harkened to her, and opened her womb,’ she said, ‘God hath taken away my reproach.’ No clearer statement of the reification of women and of the instrumental use of wives can be made.”

-Gerda Lerner, The Creation of Patriarchy

[if-you-fan-a-fire]

"...Prisons and mental hospitals offered a clear sense of order, discipline, and routine to counterbalance these unsettling transformations in social and economic life. Modern problems required a modern solution: custodial confinement.

Less recognized, however, is that critics of custodial confinement held a similar faith. For a group of would-be democratic reformers, a repeated refrain was that a lack of participation and the absence of self-government were key causes of a number of maladies associated with prisons and mental hospitals, ranging from the spread of vice, to welfare dependency, to inept facility management. Well-engineered opportunities for ward participation, such as town hall meetings and leadership councils, offered a potentially potent set of remedies. A participatory society was less an ethereal ideal to these thinkers and more a worldly governing strategy to bring order to disordered subjects. Democracy, they believed, was good therapy.

Reformers held an image of democracy as treatment and not, importantly, democracy in treatment. By the former term I mean the molding of ward participation—through voting, elections, deliberative fora, and other trappings of democratic politics—to secure and extend the authority of those already in power. By the latter I mean patients’ and prisoners’ ability to exert actual influence over the conditions of their confinement and care. This tension between as and in would linger when reformers attempted to put their ideas into practice.

These democracy-minded reformers, and these ideas about participation, are not unique to any particular era. Each generation seems to discover them anew. We can find them at work in Thomas Osborne’s Mutual Welfare League at Sing-Sing prison in the 1910s, which aimed to make “not good prisoners, but good citizens.” They can be found in the 1960s in patient power-sharing experiments at the Yale Psychiatric Institute, which attempted to “bridge the two worlds” of mental hospital treatment and the policy science of democracy. At the turn of the twenty-first century they cropped up in “new-generation” facilities like the San Francisco county jail under the guise of therapeutic community. Each generation produces its own democratic radicals and reformers. Each offers rallying cries of community control, odes to the therapeutic utility of self-government, and assertions of the superiority of participatory institutional design. Participatory schemes for correcting the deficiencies of citizens are, as Barbara Cruikshank suggests, endemic to liberal democratic societies. The result is a reform tradition peppered with grand policy designs, social movements, and haphazard experiments.

The desire to democratize custody haunts both past and present reform efforts. And it’s not hard to see why. On their face custodial arrangements appear to violate a commonly held intuition about political freedom as rooted in self-rule. That intuition holds that an individual or collectivity that is not self-governing is in some way subjugated, subordinated, or shackled by another. We’re uncomfortable with paternalism. One generation’s anxieties about custody echo into the next.

...

...democracy has become inextricably bound to its shadowy underside of custodial confinement. The reformers who founded the modern penitentiary and asylum, along with those who have sought to democratize those same institutions, have in different ways tried to offer a decisive reply to the twin questions of who governs in custody and by what right. A key reason these reform visions, among others, remain unconvincing is a romanticism about civic competence. Reformers tend to separate their favored political theory of rule from the realities, ambivalences, and ambiguities of ward politics.

...the competence of wards to represent themselves is shaped by organizational contexts that at the same time are open to revision and tend to decay. Although typically unrecognized, these contexts are also critical sites of political contestation—contestation that invariably provokes backlash and repression. From the halls of St. Elizabeths Hospital in Washington, D.C., to the cell-blocks of the maximum security prison in Walpole, Massachusetts, backlash to wards struggling for representation needn’t take the form of visible violence. It’s not just the retaking of D Yard at Attica prison in New York State. Nor is it the scalpel of a surgeon severing tissue in a prefrontal cortex. It’s not just the channeling of Black dissidents into asylums by diagnosing them with a “protest psychosis.” Repression needn’t don riot gear, use restraint chairs, or wield baton sticks. Of course, it certainly can. Repression wends its path through procedure: through adjusting who decides, how decisions are made, where those decisions take place, and the incentives for raising claims in the first place. The result is not only the creation of pockets of authoritarianism, but the use of the language of “democracy” and “democratic management” to legitimatize those styles of rule."

- Christopher D. Berk, Democracy in Captivity: Prisoners, Patients, and the Limits of Self-Government. Oakland: University of California Press, 2023. p. 1-4. [Probably my favourite read so far this year...]

[attorneyinthenetherlands]

Opzegging van een distributieovereenkomst

Termination of a distribution agreement in the Netherlands

Welcome to our comprehensive guide on the termination of distribution agreements (”in Dutch: Opzeggen van een distributieovereenkomst”). In the ever-expanding global market, businesses often explore various avenues to tap into new markets. One such approach is establishing distribution agreements with local distributors or agents. In this article, we will delve into the intricacies of distribution agreements between principals and distributors, with a particular focus on the termination process. Whether you are a principal or a distributor, understanding the termination provisions and considerations is crucial to protect your interests and maintain a healthy business relationship.

1. The Legal Framework for Distribution Agreements

Unlike specific regulations governing distribution agreements in some countries, the Dutch Civil Code does not provide a general framework for such contracts. Instead, the termination of distribution agreements falls under the principles of reasonableness and fairness. While this offers flexibility, it also creates uncertainties, as we will explore further.

2. The Possibility of Termination

In distribution agreements with a fixed term, termination during the agreed period is generally not permissible, unless explicitly stipulated otherwise. On the other hand, agreements without a fixed term can be terminated by either party. However, it's important to note that termination must not violate principles of reasonableness and fairness or constitute an abuse of rights. Grounds for termination should be justified and substantial.

3. Considerations for Notice Periods

In the absence of explicitly agreed notice periods, legal scholars argue that a minimum notice period of three months is reasonable. For agreements exceeding two years, this period may extend to six months. In cases where agreements span more than four years, notice periods of eight to twelve months are recommended. Notably, agreements lasting ten years or more may require notice periods ranging from one to three years.

4. Remedies for Insufficient Notice Periods

The consequences of terminating an agreement with an insufficient notice period remain somewhat unclear. In some instances, reissuing the notice with the correct timeframe may be necessary. Alternatively, a court may opt to extend the notice period or impose a compensation obligation to remedy the breach.

5. Key Considerations in Termination

Various factors can influence the termination of a distribution agreement. It is essential to assess the following aspects:

a. Comparative Importance: Is the principal's interest in termination greater than the distributor's interest in continuing the agreement?

b. Breach of Obligations: Has the distributor breached the principal's interests, or is such a breach anticipated in the near future?

c. Dependency: Is the distributor highly reliant on the principal? Are there complaints or strained relations between the parties?

d. Financial Implications: Would the distributor face financial difficulties if the agreement were terminated immediately or on short notice?

e. Alternative Opportunities: Has the distributor had the opportunity to establish a similar position, or can they reasonably be expected to do so in the near future?

f. Pending Sales: Has the distributor already made sales based on goods they expect to acquire from the principal in the near future? Are there other suppliers from whom the distributor could source goods to fulfill their obligations to buyers?

g. Alternative Fulfillment: If the principal no longer supplies the distributor, are there alternative ways for the distributor to meet market demands?

h. Investments: What investments has the distributor made specifically to sell the relevant products in their territory? Would these investments remain viable for other purposes if the distributorship ended?

In conclusion, the termination of a distribution agreement is a critical moment for all parties involved. It is advisable to carefully consider your position and seek legal counsel before proceeding with termination or dissolution. If you have any questions or require assistance regarding distribution agreement issues, our experienced team at MAAK Advocaten is here to provide guidance and support. We can also assist in drafting clear termination clauses in your distribution agreements.

[disputeattorneysinhanoi]

Application of Administrative Measures to Protect Intellectual Property Rights in Vietnam

Since joining WTO, Vietnam has been coping to comply with the international commitments in general and intellectual property area in particular. In order to ensure fair legal environment and the benefits of intellectual property right holders, the Vietnam laws provide a number of ways in which holders can apply the following methods to protect their intellectual property rights in Vietnam:

            Filing Lawsuit to protect intellectual property rights in Vietnam

Negotiation: requesting organizations, individuals committing infringement acts of intellectual property rights to terminate the infringing acts, apologize, publicly rectify and compensate damages;

Using administrative remedies: requesting the competent agencies to handle infringement acts of intellectual property rights;

Filing claim at court or arbitration center: initiating a lawsuit at a competent court or an arbitrator to protect their legitimate rights and interests;

Negotiation is often used in the first step to request the violator to stop the infringement of intellectual property rights. However, this measure is not potentially effective because it dependents on goodwill and cooperation of the violator as well as the legal basis, evidences that you can provide to demonstrate and warn of violating acts.

Relating to the dispute settlements, due to high costs, complicated procedures and extended time, this measure is not commonly selected as the best treatment.

In Vietnam, intellectual property infringement is mainly dealt with through administrative measures. Depending on their functions and responsibility, competent state management agencies deal with infringements of intellectual property rights as per request of the IP holders Currently, through the following agencies:

Inspectorate of the Ministry of Science and Technology;

Economic Police of the Ministry of Public Security and;

Market management of the Ministry of Industry and Trade.

In case of dealing with infringements of intellectual property rights in Vietnam, the holders should carry out the following steps:

1.Submission of a written request to terminate an infringement of intellectual property rights:

This step is optional to save costs for the infringed party as well as deal with the infringement on the basis of goodwill and cooperation. The infringed party should send documents, including a persuasive Cease and Desist letter and evidences, to the violator for the purpose of requesting them to terminate the violation and commit not to repeat the infringement in the future. In fact, many intellectual property right holders have reached their goals at this step providing that they can collect enough proof.

2.Requesting the competent state agencies to handle acts of infringement of intellectual property rights:

In this step, the infringed party must prove both its ownership to the intellectual property and information, evidence of the infringement by the infringing party.

The application of administrative remedies is effective handled, so it should be preferable to filling a lawsuit. After requesting the administrative agency to penalize the infringing party, the right holder still remain their right to initiate a lawsuit in court to claim of damages. Actually, the combination of administrative measures and lawsuits at court would be more effective for intellectual property right holders.

ANT Lawyers - a Law firm in Vietnam with a team of experienced lawyers, IP consultants and IP agent in Vietnam in the field of Intellectual Property will help customers implement procedures for registering intellectual property rights in Vietnam in the most effective way.

Source ANTLawyers: https://antlawyers.vn/library/intellectual-property-law/application-of-administrative-measures-to-protect-intellectual-property-rights-in-vietnam.html

[madisonsmithutah]

Procedure for a Private Complaint in Business Law

What is the procedure for a private complaint in business law?

A private complaint is a legal process in which an individual or a business entity files a complaint against another individual or business entity for a violation of the law or legal wrong. In business law, private complaints can be filed for various reasons, such as breach of contract, fraud, misrepresentation, and unfair business practices.

The procedure for filing a private complaint in business law may vary depending on the jurisdiction and the nature of the complaint. However, the general steps involved in the process are as follows:

Determine the Jurisdiction

The first step in filing a private complaint is to determine the jurisdiction where the complaint should be filed. This is important because different jurisdictions have different laws and procedures for handling private complaints. For example, if the complaint involves a contract signed in a particular state, the complaint should be filed in the state court that has jurisdiction over the matter.

Prepare the Complaint

The next step is to prepare the complaint, which should include a detailed description of the facts and circumstances surrounding the alleged wrong or violation. The complaint should also specify the legal remedies that the complainant is seeking, such as damages or an injunction.

File the Complaint

Once the complaint is prepared, it should be filed with the appropriate court or tribunal. The complaint should be accompanied by any supporting documents, such as copies of contracts or other relevant documents.

Serve the Complaint

After the complaint is filed, it must be served on the defendant, meaning that a copy of the complaint must be delivered to the defendant in a manner prescribed by law.

Response to the Complaint

The defendant has the right to respond to the complaint by filing an answer or a motion to dismiss. If the defendant does not respond within the time frame specified by law, the plaintiff may be able to obtain a default judgment.

Discovery

After the complaint and answer are filed, the parties may engage in a process called discovery, during which they can request information and documents from each other to help support their respective positions.

Trial

If the parties cannot resolve the matter through negotiation or other means, the case may proceed to trial, where a judge or jury will hear evidence and arguments from both sides and make a decision.

Appeal

If either party is dissatisfied with the trial's outcome, they may have the right to appeal the decision to a higher court.

Filing a private complaint in business law can be complex and time-consuming. It is important to seek the advice of a qualified attorney to ensure that your rights are protected and that you have the best chance of obtaining a favorable outcome.

Business Law Attorney Free Consultation In Utah

If you need legal help, call this law firm and talk with our experienced attorneys about filing a private complaint in business law for a FREE consultation.

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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

[cancerjupiter]

🍃 earth venus 🍃

venus in taurus

ex: paul mccartney, lana del rey, princess diana, ariana grande, prince, daniel day-lewis, grimes, baekhyun

material security is a major focus of their attention and desires, sometimes to the point of being noticeably greedy or cheap. they can be infinitely patient, kind, and sustaining for others, feeding them with food for body and soul; at their best, they’re pleasingly sociable, and quite artistic. if they don’t achieve satisfaction, they become very mean and irritable because they simply must have their pleasure or object of desire.

expresses affection physically, warmly, steadily, and possessively.

their reluctance to show feelings or lose control hampers intimate exchanges.

value material comfort and beautiful physical objects; deeply appreciates all physical senses.

taurus venus have a winning, considerate manner (at least in public and when in a good mood), and often have a pleasing voice, either talking or singing. taurus gives a need for continuity and comfort when dating. they easily settle into a quiet routine involving at least one other person - however, their partner might not be available at every moment taurus venus needs them. they enjoy “love” but prefer regularity rather than surprises and are often lazy and not very experimental. possessiveness is a dominant trait of theirs, and they stay for a long time, taking a while to get over relationships that didn’t work out.

their retentiveness about money and possessions extends to feelings; although they’re gently affectionate and attentive in a practical manner, they’re rarely emotionally demonstrative. they have a quality of patience and one-on-one communication, however, that smooths over even an aggressive personality. the simple pleasures of life slow them down, and more than any other sign, they love comforting routines they can savor. they’re attracted to earthy, solid, reliable types of people - someone they can depend on, for care and feeding in particular. they appreciate intelligence and personality, but basic qualities are higher priorities.

taurus venus understand love deeply; accept it with their whole being, and are confident to express it wordlessly, valuing love’s silences rather than its speeches. they cling to a mutual love with unbelievable tenacity, even if facing significant obstacles. all sense reactions (touch, sound, smell, sight) are enhanced by this placement. they’re very comfortable in their bodies and in tune with their surroundings. they know how to make others comfortable and enjoy nurturing. most tend to be involved with art.

unfortunately, they can be very laid-back about relationships, inwardly very involved, but reluctant to show their feelings. scared of being exposed. they pretend not to care and put up a wall. very security conscious, but stubbornly unable to express deeper feelings. but once they become attached, they’re not leaving unless it gets way too bad.

venus in virgo

ex: leonard cohen, gillian anderson, john lennon, mick jagger, robert de niro, kieran culkin, demi lovato, bella hadid, carrie fisher, sylvia plath, joni mitchell

virgo venus voracious love of analysis often leads to excessive criticism of both self and others and to a great deal of self-consciousness. although they want a healthy, faithful relationship, they also have a greater passion: work and duty. they have a tension between sensuality and puritanism; they never seem sure if things are morally, aesthetically, or sexually perfect enough. often needlessly creates tension within themselves through denial or repression of physical needs.

there is a tendency to underestimate the powers of attraction, and they will express their inherent modesty in a genuine shyness to developing relationships. communication and friendship need to be part of a good love story for them, and they must consciously relax into a relationship. my ultimate assessment is that they need a relationship to incorporate both mental and sensual communication.

expresses affection directly, modestly, helpfully, practically, and timidly.

petty criticisms and natural reserve can interfere with a healthy relationship.

a need to serve and be useful gives emotional satisfaction; find pleasure in attention to details and analytical mental activity.

once they’re fully committed, virgo venus can be the most honest and helpful partners in the world. if they have accepted the other person completely (faults and all!) and have relaxed their sharply critical attitudes, they can be a reliable partner without peer. they’re usually concerned about appearance and, like taurus venus, must learn their partner is not a possession. they’re methodical and cautious in their relationship approach, and slow to awaken to its possibilities. 

virgo venus mastered self-criticism! they’re constantly doubting their own attractiveness and value. however, they do appreciate affection from others since they do not have great confidence or experience in that area of life. they worry constantly about love and how they actually feel about someone, creating problems through excessive analysis. a mental connection must be established before entering any serious relationship. in fact, they talk about sex more than have it.

they’re usually attracted to someone “proper” - someone neat, intellectual, disciplined, and probably career oriented (someone they can look up to). however, by defining love and sex too narrowly and perfectly, they create a problem and a source of guilt and disappointment. getting realistic about their true needs, desires, and capacities is the only remedy

they love feeling helpful and able to give practical support to their lover’s needs, especially if they have been suffering. they feel like helping therapeutically. guilt or pity plays a role in motivating them to show affection to another. they’re emotionally practical and think they know what they need in a relationship, try to find it and stick with it. they’re somewhat shy and don’t reveal themselves too easily, with a tendency to be ‘picky'. they're hard to satisfy because they're perfectionists, and demand perfection in others and themselves.

venus in capricorn

ex: brad pitt, miley cyrus, bjork, james dean, the weeknd, sinatra, rupaul, david lynch, alex turner, elliot page, virginia woolf, megan thee stallion, sza

cap venus is serious about anything that affects their emotions, reputation, or material security. they have a great sense of humor, but they may express it with a certain restraint. there’s a great deal of self-control. the deeper the emotions, the harder they are to express them, and they would much rather express them by action than words. they strengthen others through their solid commitment and affection, and do a great deal to support their partners and make sure they’re successful. they’re proud of their reliability and old-fashioned loyalty - even if violating it now and then. 

their insecure, defensive nature uses formal manners as a means of protection. they’re very conscious of how their relationship looks, and many like to show off their loved one, almost as a status symbol. their natural attunement to authority manifests in how easily they fall for authority figures. they often have a particular fixation for the father - a common obsession for anyone with major capricorn placements.

expresses affection cautiously, seriously, and with perseverance.

they can inhibit relationship development because of their need for self-control and emotional reserve (that comes out as aloofness).

capricorn venus require some kind of commitment (at least a long time) before they feel comfortable getting involved in a relationship. they’re quite conscious of conventional behavior and public image and thus are rarely publicly demonstrative, though privately one shouldn’t doubt their capacity for deep passion and sincere, physically expressed feelings. this is the one venus placement that delivers far more than they promise, both sexually and emotionally.

they’re usually attracted to someone older, or in a position of authority. they’re not above marrying for security reasons - or at least postponing or denying themselves a relationship because of a lack of financial foundation. they view intimate relationships far too seriously sometimes. they can be very demanding of affection when deeply committed.  if acting too passively, they become insecure and uneasy about how emotionally vulnerable they seem, so they like taking control.

in order to feel attuned to a situation or another person, emotionally, they need a sense of structure. cautious about opening up to others, distant and detached with strangers; not talkative and involved, even superficially. as get to know people, they become more spontaneous, but still guarded and easily defensive. until a serious commitment, the capacity to express love doesn’t really open up.

[flickeringart]

Living without desire?

I’m sure we’re all familiar with the old spiritual piece of wisdom  “desire is the cause of suffering”… this notion is articulated in the four noble truths of Buddhism:

The first truth states that pain is experienced by all beings

The second truth states that desire, accompanied by pleasure and passion of all kinds leads to pain

The third truth states that to be free from pain is to abandon desire and passion

The fourth truth states that the method to stop pain and suffering is through the Eightfold path of right understanding, thought, speech, action, livelihood, effort, memory and mindfulness.

In my own experience, I’ve found that desire and attachment bring pleasure  – but it’s more or less always accompanied by pain. One is bound to suffer if one is deprived of the very thing that one attributes emotional value to. I believe that pain, in most cases, is an agent of the divine, because it puts the individual in a position to buckle under completely or continue life from the place of a more true and pure position. One never knows how much one is dependent on external or internal things until they collapse and give in. People who have strong attachments are by definition passionate, and astrologically, this would be typical of Scorpio individuals. Scorpio is the sign of death and rebirth, of emotional intensity and perseverance. Scorpio is an emotional water sign that seeks to merge yet protect the integrity of the emotional nature. Everything in life can be lost and snatched away – not only material possessions and people whom one loves, but inner stability and integrity can be threatened as well.

To be intensely emotionally attached is quite the experience, yet the power with which the passion burns is the same power that will destroy and cause pain. Scorpio is really the sign in which pain and pleasure are intertwined. One hates that which one loves because the object, person or activity has enslaved and consumed the person, has the person in its grip. This obsession and subsequent self-destruction is typical of Scorpio and its ruler Pluto. Sometimes love is equated with this dynamic, but it’s not more loving than any other sign or planet. Scorpio wants to possess and be in control, yet is curiously drawn to experiences that involves violation and complete dominance and forceful abnegation of individual power – presumably because there’s value in that kind of experience. But what is the value exactly?

The value is freedom of bondage – not in the way that one is relatively powerful in comparison to a particular temptation, but because one is rid of psychological “hooks”. Being hooked is after all, antithetical to free will. When one is hooked one is enslaved.

(Buy products with my art)

As already established, intense desire in the compulsive sense seems to go hand in hand with experiences of pain – mostly because the desire is not consciously put in motion. The 8th house in astrology (Scorpio and Pluto’s house) relates to the underpinnings of reality, the invisible emotional structure of values and attachments that is predominantly subconscious. We all know that people around us have certain attachments that they can’t break and wouldn’t break willingly because it would entail a lot of pain, even though the pattern might be destructive. Some people need to have a partner that loves them and some people need to have their skills be acknowledged and would do anything to have it be that way. Some people have to have their freedom because they can’t stand bondage and would step over anyone to get it if they had to. Scorpio and Pluto individuals often have this kind of attitude to certain things whether they’re aware of it or not – when push comes to shove, they will destroy that which is a lesser value in order to preserve that which is of a higher value. Some would sacrifice their lives for certain causes. A mother that is psychologically dependent on her children’s success in life might deprioritize other children if the choice had to be made between her own off-spring and another’s. Or she might be more inclined to uphold some kind of ethical code by not prioritizing any one over another, but in that case she is more loyal to an intellectual principle than anything else. What one does depends on what one values and how strongly one values it. Usually people have a hierarchy of values without being conscious of it. Sometimes, the hierarchy of values only reveals itself when one is put under pressure to choose.

The 8th house is the domain of unconscious attachments and emotional complexes. It is indeed a mysterious house. It’s the house of merging, of sex (the psychic experience rather than the physical act), of intimacy and unspoken emotional contracts. In movies, there’s often the case of a character being physically together with someone, yet when the pressure is increased and the person has to choose between the partner or the kids, or the partner or another person/lover with which one feels closer to emotionally, that which was the fact on an unconscious level all along is suddenly out in the open. It seems like circumstances sometimes have to push a person into becoming aware of the psychic makeup and consciously admit to that which was spelled out in the subtext all along. The person actually had a much stronger investment in the children than in the spouse, or didn’t really care for to wife as much as the lover on the side. It’s a silly example, but you get my point.

The power of a certain desire seems to be dependent on how conscious the person is of it and how much personal responsibility one is able to take for it. The same goes for actions, which of course is fueled by desire. People with planets in the 8th house in their natal chart usually have a problem with consciously owning that which the planets represent. For example, someone with their Moon in the 8th house can be dependent on emotional safety that attachment to another provides, which might make them carry out actions that are predominantly unconscious and compulsive. There are usually hidden “shadowy” complexes for nurturing and caring for other people. The person is unaware of his or her own needs so they operate secretively. This could be quite harmless, but it could also be destructive. As long as the person’s Moon keeps working within the shadows, the detrimental consequences cannot be remedied. The fear isn’t faced and the complex cannot be worked through – in a sense, one is a powerless to the dynamic and doesn’t know it. Pain, in this kind of situation, can be beneficial, because it forces awareness.

Within desire lies the potential for non-desire; in attachment can the potential for non-attachment be found. “Right action” as one of the steps of the eightfold path, is presumably action that is completely void of desire – and I might add – of fear. There’s no hidden complex at the root of “right action”. It’s action taken without the motivation to avoid or attain anything in particular on an emotional level. The same would apply to the rest of the seven folds of the path. There’s clarity and pure consciousness without the striving for pleasure and the avoidance of pain. This is essentially what Scorpio is the epitome of, complete invulnerability through separation from that which must kill itself. That which must kill itself is the desire, and it does this through burning up from within, if one could just let it. The Right Path lies beyond desire. The Right Path will unfold itself through consciousness.

[ldcu-12humss1a-group4mil]

Copy Right and Intellectual Property: How do I protect it as a Young Individual?

Do you use the internet for sources when doing research or assignments? Do you simply copy and paste the information you discovered? Without mentioning the original author or owner of the topic?

Imagine a world without a system in place to protect those creations' rights; it would be impossible to derive any direct benefit from them. Young people are the vital and creative force that will determine the futures of our country. Copyright, Fair Use, and Intellectual Property knowledge are not given much attention by the youths of today, which is concerning since Filipinos are more dependent on technology than ever, spending an average of 10.6 hours a day online according to a survey done by Datareportal. Teenagers and adolescents browse through the internet every day engaging in unlawful behavior that violates the Copyright Law.

Defining what is Copyright and Intellectual Property:

According to the Copyright Alliance, copyright is a set of rights that automatically vest in the creator of an original work of authorship, a literary piece, a song, a film, or software, for example. These rights include the ability to reproduce, create derivative works, distribute copies, and publicly perform and display the work. Copyright keeps other people from replicating, or copying, your work except if they have your authorization. Intellectual property (IP), in general, refers to an individual's or a group's original ideas, designs, discoveries, inventions, or creative effort. In the past, protecting intellectual property was not a big deal. However, with information becoming more accessible and easier to distribute as a result of technological advancements, protecting your creations and works from infringers, copycats, and thieves has become critical for anyone. Intellectual Property is intended to prevent anybody from taking your idea or creation and benefiting from it unless they have your permission.

As intellectual property is intangible, many people regard copyright violations as "victimless" crimes. To help young people understand, value, create and preserve IP, as well as to cultivate a culture in which IP is respected and permitted to fully play its role in securing and stimulating innovation, copyright and intellectual property are crucial. If anything you are doing involves licensing copyrighted content from others, make sure you understand what you can and cannot do under the license. If in doubt, ask the content owner whether they approve of particular use. There will always be those who want to copy your successes and market your ideas as their own when you have a brilliant idea for a certain work task. It may appear difficult or time-consuming at first, but safeguarding your intellectual property is well worth the effort and isn't as difficult as you might think. While you cannot protect an idea, you can protect how you put the concept into effect, which is what Intellectual Property protects (IP).

Citing sources is one method to give credit to an author's original work, promote scholarly writing, and will most likely assist that target audience in identifying the source. APA and MLA Format are the most commonly used for giving credit. This can be accomplished by providing citations in the form of In-Text Citation and Reference Citation. Many young people do not have access to develop their knowledge in giving proper credit for their work. To avoid stealing one’s work, Negotiation is the easiest and most cost-effective option in all cases of Copyright and Intellectual Property infringement. Copyright and intellectual property violations can sometimes be the consequence of unintentional errors. A simple phone call or courteous letter informing the perpetrator of the problem may be sufficient to remedy the situation. Litigation is also an alternative.

Young individuals are strongly advised to be responsible for identifying, protecting, and managing his / her Intellectual Property effectively. Understanding the limits of copyright and fair use is essential. Knowing the limits and the rules will help creators protect their intellectual property and legal action concerning copyright. One must be acquainted with one's work to be aware of their originality and rights. There is no need to register for copyright protection because it is simultaneously accessible and automated. Although copyright does not protect a concept in and of itself, it can protect how it's being presented—for example, in presentations, on social media, on websites, and so on. People should stop copying and stealing someone else's ideas and instead focus on developing their own, if we want to raise morale, law-abiding citizens, we must act ethically and legally as young individuals.

Sources Cited:

https://copyrightalliance.org/faqs/what-is-copyright/

https://www.trade.gov/protect-intellectual-property

https://www.legalzoom.com/articles/how-to-protect-your-intellectual-property

https://www.lexology.com/library/detail.aspx?g=d3326d4b-448f-4755-8ed4-c919a6de8034

https://www.google.com/amp/s/www.csoonline.com/article/2138380/intellectual-property-protection-10-tips-to-keep-ip-safe.amp.html

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[numberonedefendorparadise]

Legal Library

Major Lindsey Drops Suit After Federal Court Nixes Computer Fraud & Abuse Act Claim and Hints at RICO DismissalSeptember 15, 2010 A few days ago, this blog reported on two recent noncompete cases in which former employers have asserted RICO claims against departing employees. Previously, we have also commented on Computer Fraud & Abuse Act claims in similar contexts.  It is the rare case, however, that involves claims under both statutes by employers against a departing employee.  A few days ago, U.S. District Judge Colleen McMahon dismissed a CFAA claim in just such a case, and she hinted that a dismissal of the RICO claim could soon follow.  Shortly thereafter, the plaintiff voluntarily dismissed the action reserving its right to pursue its claims in arbitration or state court.The suit began in May, 2010, when legal recruiting firm Major, Lindsey & Africa filed a complaint against a former Managing Director. Until recently, it was difficult to piece together the allegations because the complaint was sealed by the court, but the recent decision granting Mahn’s motion to dismiss the CFAA claim sheds some light on MLA’s claims.According to the court, MLA alleged that Mahn disclosed confidential information, which she obtained from MLA’s computers, to a few of its competitors.  This was purportedly done in violation of the confidentiality provisions in Mahn’s employment agreement, but MLA filed in federal court basing jurisdiction in part on the CFAA.  Simply stated, the CFAA makes it unlawful for a person to access a protected computer “without authorization” or “in excess of one’s authorization” to obtain something of value or to impair the integrity of data.  Some courts hold that an employee acts “without authorization” or “exceeds authorization” if an employee is accessing information for purposes contrary to his or her employment.  Other courts note that the statute’s legislative history suggests Congress enacted the statute simply to address computer hacking, and not to provide employers with a remedy against faithless employees.  Judge McMahon agreed with the latter school of thought, but noted that a conclusion to the contrary is not “implausible.”Dismissing the CFAA claim, Judge McMahon noted that continuing federal jurisdiction was dependent upon the survival of MLA’s RICO claim.  In this respect, her comments took on a more colorful tone.  “This Court has ample experience with the assertion of bogus RICO claims for the purpose of (1) obtaining federal jurisdiction over an action that belongs in the state courts, and/or (2) extracting a coercive settlement due to the in terrorem nature of labeling someone a racketeer.”  She continued, “I frankly have no interest in retaining a case in which it appears that federal charges have been trumped up in order to avoid litigating what are essentially state and common law claims in [state] court.”  Against this backdrop, Judge McMahon stated that she would not permit discovery to proceed until MLA supplemented its “thermonuclear” allegations with a RICO case statement and Mahn (along with the other defendants) has an opportunity to file a motion to dismiss.  Whether the RICO claims would have survived will never be known.  In the face of this ruling, MLA dismissed its federal court claims.

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

[decibelapp454-blog]

Best Sound Meter  App Posts Of 2021 So Far

Why evaluate the sounds stage?

Abnormal sound pollution is by now bad mainly because a person who finds himself underneath its affect, in his own property, are not able to do his business enterprise or just hide from All of this sounds, which is of course bothersome. Even so, the problem doesn't conclusion there, since from a medical point of view, elevated decibels are regarded unsafe.

Here is a brief listing of undesirable outcomes attainable on account of being in continuous noise:

Advancement of migraines;

superior blood pressure;

Inability to acquire a very good night's snooze, and with this particular the general deterioration of health and fitness;

Listening to impairment;

Instability of the nervous system.

In the event the damage to overall health has by now been induced, it ought to be recorded and complained to the right authorities, but there's definitely no have to wait for the consequences of sound to manifest - it's recommended to evaluate the extent of extraneous Seems with your apartment.

This is very correct in the following cases:

The neighbors from higher than love to continually mend some thing, drag matters, indecent loud stomping of ft when going for walks;

Some citizens of your neighboring apartments don't understand The foundations of silence, they like to organize noisy consuming parties with arguments and fights, spewing their adverse emotions on all of the regrettable neighbors;

You will find a development internet site close to your house that is rarely silent enough;

There exists a store or some other sort of community area on the 1st flooring of the multi-storey building which is noisy due to its functions, including during the night.

Sound measurement is not merely a curious statistic, but a figure that lets you have an understanding of irrespective of whether your neighbors are violating the legislation or regardless if you are overreacting to their steps within the legislation. The fact is that there's a Distinctive legislation on silence in Russia - a document that spells out the permissible sounds stage in decibels - The fundamental unit of volume measurement. We must always say without delay that willpower of precise level is presented to each region separately, so the figures presented beneath are not an axiom, but only essentially the most probable variant that still needs to be checked.

At night - up to forty five decibels. The time involving 10 p.m. and 6 a.m. is often thought of nighttime. Exceeding this price, not surprisingly, mainly depends on the quality of seem insulation in the building, but generally, citizens within their apartment have the best to talk softly, pay attention to music or view Tv set, but pretty much any really serious repair service operate will not match in to the selected volume limitations.

Throughout the day - as much as fifty five decibels. Appropriately, this consists of the period of time from 6 a.m. to 10 p.m. In distinction towards the night time, the daytime determine will vary markedly from region to location, but generally, the legal rights of neighbors are explained so they can now carry out repairs. In practice, several different types of repairs actually exceed the 55 decibel audible limit, but then it is crucial to at the very least not engage in these kinds of pursuits on a regular basis.

Silent hour https://decibelpro.app is tentatively from 1 to 3 p.m. Some community authorities have also determined to deal with the welfare of mom and dad of youthful young children who will not head to kindergarten. A couple of several hours in the course of the working day, whenever they can snooze peacefully, happen to be set aside to the small ones - this time is equal towards the night time.

Having said that, a quiet hour within the legislative amount will not be established in the whole place.

With what and How could you measure on your own?

Pinpointing the level of sounds is the first step to say your legal rights, mainly because In the event the permitted values are exceeded, it is now a cause to hunt defense in the applicable authorities. On the other hand, you will find at least three ways to get it done yourself at home.

A Specific gadget - a sound meter. A unit of this sort are available in retail profits - it'll Expense the consumer about four thousand rubles. Note that there's adequate less expensive Chinese consumer items out there, but only readings from tools which has been licensed through the Russian Federation are regarded ample. The seller need to have a certification that this kind of machines is certified.

Laptop application. There are lots of software package remedies that operate with audio and will be able to evaluate the extent on the incoming sign. In cases like this, the microphone utilized are going to be of excellent relevance, without having which there will be no case in any way. If you employ the constructed-in microphone of an inexpensive notebook, there is very little doubt that it'll not "hear" sounds in all its richness.

Utilizing a smartphone. By analogy with the computer, Distinctive apps are also introduced on telephones - it is a lot more easy to evaluate with them than by using a Computer system, since the microphone is at first developed-in As well as in great types - of pretty decent good quality. Also, The hand-held machine is easier to carry throughout the condominium to capture the "sign" in all the small print.

[emberwoodcenter]

Addiction Center Indiana

Formerly named Group Habit Companies of Indiana, or CASI, EmberWood Middle is now a subsidiary of Psychological Health America of Indiana, or MHAI. EmberWood Center gives adult and adolescent outpatient drug, alcohol, and playing treatment and constructive youth-improvement services designed to prevent substance abuse. Our administrative and therapeutic workers are dedicated to providing education and resources on dependancy, an issue that affects individuals from all walks of life.

We're licensed by CARF (Commission on Accreditation of Rehabilitation Services) and the State of Indiana, and we deliver the best quality outpatient treatment companies available. Utilizing evidence-primarily based practices (EBP) ensures the simplest and environment friendly approach to aiding people and families on their path to recovery.

EmberWood Heart is positioned in Indianapolis. Since 1979, we've got been dedicated to serving our neighbors in the community who are most at-danger and in need of supportive services. Although historically focused on a selected geographic location, our doorways are open to any individual seeking treatment.

Again, welcome to EmberWood Center. We stay up for sharing information with you about our services, upcoming plans, information, how we're making an impact on Indianapolis, and how we would increase and improve our organization in the future.

Our Identify Change EmberWood Heart … We chose this title to raised mirror the essence of our work and what we would like our name to communicate. “Ember” stands for lighting a pathway in direction of or the fire of transformation. It provides a sense of starting one thing new, igniting change. “Wood” expresses the idea that no tree stands alone (no client is alone on his or her journey), but is contained within a forest, and it additionally implies the aptitude for growth. A forest is limitless in the paths that may be taken; with considerate direction, however, a satisfying life will be charted.

EmberWood Middle gives an array of services, together with optimistic youth development, prevention, outpatient, and intensive outpatient programming. Not everybody who walks by our doors is suffering from addiction. Some people are involved about Adolescent Residential Treatment Centers in Indiana their own use of alcohol and different medicine, however typically it is the father or mother or partner who is anxious about substance use by family members.

Many people are ordered into treatment by the courts or probation as a condition for the return of their children. Schools might make referrals based mostly on behaviors that violate school policy. Some young individuals are in search of the martial arts activities we sponsor to keep them away from destructive influences. There are many circumstances that lead individuals to our center; regardless of the particulars, we deal with everyone with respect and dignity and with the purpose of preserving integrity.

For these needing treatment providers, the cornerstone of any efficient program is a high quality assessment. Our assessments take all the particular person into intro-interior-rightaccount, including the household and social environments that encompass them. When dealing with a disease resembling dependancy, which has biological, psychological and social elements, it's crucial to take a holistic approach.

The excellent evaluation permits us to focus on companies and a remedy plan based on the individual’s wants and situation. There are a wide variety of approaches to treatment and recovery, and we believe that the best strategy is to provide services individually tailor-made to the wants of the particular person and his or her family.

EmberWood Heart presents separate programming for adolescents and adults. We utilized proof-based mostly approaches based mostly on strong research, and we also believe that self-help teams are important to anyone’s ongoing recovery.When shoppers have efficiently completed our program, they may return for the Social Support groups free of cost for up to one year.

[texaslawinformation]

Child Support Enforcement Actions in Texas

If you have need a best Law service, You can get better suggestions from Child Support Enforcement Actions in Texas with the great process!c

Divorce Attorneys Houston: It is the public policy of the State of Texas that both parents of a child should play an active and involved role in their upbringing. While parents may get divorced or separate permanently, a Court will ensure that the parent with whom the children do not live with on a day to day basis gets an opportunity to spend as much time as is possible with the children.

The other part of this arrangement is that this parent (known as a non-custodial parent) also is typically obligated to pay child support towards the upbringing of the child when he or she is not in their care.

This child support is calculated:

> as a percentage of a person’s take home pay > based on how many children he or she has

The more children a person must care for, the higher the percentage of their income that is taken for child support purposes.

What happens when a person, for lack of income or any other reason, fails to timely and fully pay their child support obligation and what can the other parent do to make sure that this is brought to a court’s attention?

Child Support Enforcement Lawsuit

If a parent who is owed child support begins to take note of the fact that the support payments are not coming regularly or contain only a fraction of the normal amounts of support that they ordinarily would there is a problem to be dealt with.

As the attorneys with the Law Office of Bryan Fagan, PLLC will tell clients and potential clients- it’s not as simple, however, as letting a police officer know that your former spouse has failed to pay his or her child support as ordered by a Court and to have that officer penalize the other parent in some way.

The parent to whom the money is owed must actively seek remedies from their Court in the form of an Enforcement suit.

What is a Motion for Enforcement?

A Motion for Enforcement of a prior order is a fairly straightforward document in terms of what it is asking for, but there are intricacies to consider in drafting the document.

Essentially this Petition:

> informs the court of any violations of its order > specifies the date(s) of said violations and > brings to the Court’s attention any other information that may be important for it to be aware of.

What goes into a Motion for Enforcement?

Houston Divorce Attorneys: Using our topic, missed child support payments, as an example, the requesting parent would need to draft a Petition that includes:

> the monthly amount of child support owed to them > the dates that the payments were missed and > a total amount that the other party is in arrearage to them

The enforcement petition must also:

> reference or quote (or preferably both) that section of the Court’s prior order that the other parent is in violation of. > Failure to do these things properly can be grounds to have the request denied by a Court so attention to detail is critical.

What Remedies are available through a Motion for Enforcement?

The remedy or relief that a person can request for failed child support payments varies. A Court can and should:

> order a party to pay any amounts owed in child support to the other parent. > The Court may take into consideration how much the owing spouse earns on a monthly basis and base a payment plan on the person’s monthly income.

It is important to keep in mind that the child support arrearage has an interest rate of six percent attached to it, so a Court must determine what monthly amount will allow the parent to pay the money back on top of what interest accumulates on top of that sum.

Other remedies that a Court has available to order are:

Liens - placing liens on the property and assets of the owing parent Licenses suspension - the loss of professional and recreational licenses until the child support is paid back. This ranges from a person’s Class C driver’s license to a license to operate a truck or other piece of machinery. Jail Time - in some instances, depending on the amount owed, the frequency of payments being received already and the reason(s) provided by the owing party for having failed to make payments in the past, jail-time is an allowable punishment from a court. If the party requesting the support be paid is requesting jail time, it must be limited to no more than 180 days of time (six months).

If you’re wondering how frequently a judge would order this kind of punishment, the author of this article can say that they’ve seen parents who have owed large amounts of child support ordered to go straight to jail or to register for deferred adjudication immediately after a hearing on the subject.

If the payment plan set forth by the Court is not followed by a person on probation, then jail time is sure to follow.

How Should You Proceed?

Divorce Attorneys in Houston: If you are owed back child support the best time to do something about it is early on after you are aware of the missed support payments.

Reason being that the longer you wait, the harder it can be track down the other parent and the harder it may be to have an income withholding order sent to any employer of the parent.

This order can ensure that payments are taken out of a person’s check automatically without any future action from either parent. An experienced family law attorney, such as those with the Law Office of Bryan Fagan, PLLC, are well equipped and experienced in handling child support enforcement actions as well as defending clients against them.

The best way to learn more about this subject, and to be able to ask questions about your particular situation and how a court may rule on it, is to contact the Law Office of Bryan Fagan, PLLC today in order to set up a time to consult with one of our attorneys.

Consultations are always free of charge and can go a long way towards determining what your rights are and what you can do to ensure that they are protected ... Continue Reading

[energizersteps7-blog]

The Ultimate Energizer Guide Evaluation & PDF Download

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