Trade dispute Essay Example | Topics and Well Written Essays - 1250 words

Trade dispute - Essay Example However, these wholesalers are usually affiliated with manufacturers, who can legally prohibit retailers from selling the products of competitors. Furthermore, because retailing licenses are required and existing merchants can block the granting of new ones, it is difficult to establish large chain stores that would be less reliant upon existing wholesalers and more prices competitive. The system was criticized because the GATT consensus decision-making rules meant that a party could prevent the dispute settlement process from starting and, even if the process was allowed to go forward, a losing party could prevent formal adoption of a decision against it (and losing parties did so more frequently over time). (Robert, 89) Without adoption, the report remained in limbo; it expressed the view of three experts but had no status in GATT. Thus, the dispute remained unresolved. As a result, there was a perception that the GATT system was not adequate. (Busch, and Reinhardt, 163) Moreover, it was believed that cases that should have been resolved in the system were never even brought to it because of this perceived shortcoming. In the Uruguay Round trade negotiations, the United States in particular wanted to improve and strengthen the dispute settlement system. ... In other words, it gives the owner exclusive rights to the idea or product. A patent is filed with the U.S. Patent and Trademark Office in Washington D.C. Patents is considered intellectual property rights and is protected by state and federal laws. If the patent is granted, it is usually granted for a period of time, making the product fair game after the period ends. The Federal Patent Statute of 1952, which was enacted by Congress, is â€Å"intended to provide an incentive for inventors to invent and make their inventions public and to protect patented inventions from infringement† (Cheeseman, 323). As with all cases, the loser can appeal the case. In the case of Vonage, if they were to appeal this case, they would do so through the U.S. Court of Appeals. In the patent infringement case of Vonage versus Sprint, a jury trial was held in the Kansas City, Kansas U.S. District Court, the city of Sprint’s headquarters. Federal courts are the ones that hear patent cases, n ot state courts. These courts also have exclusive jurisdiction. Exclusive jurisdiction occurs when only one court holds jurisdiction in the case, in this case it was Kansas City. The Vonage case was considered a civil trial, not a criminal trial because it occurred between two businesses and was not between a business and the government. If the case had been filed by the government, it would have been a criminal case. (Robert, 22) There are many differences between civil and criminal cases. In both cases, civil and criminal, a jury decides the verdict, however with a civil case; the jury does not need to reach a unanimous vote as it does with a criminal trial. With a civil trial the â€Å"judgment for plaintiff requires specific

E-Learning Master Essay Example | Topics and Well Written Essays - 2750 words

E-Learning Master - Essay Example I will lso use cse study to support the evidence of the theory. It hs been rgued tht computer-bsed communiction is the most fundmentl chnge in communictions technology in the lst 150 yers (de l Sol Pool 1984). The prolifertion of the personl computer combined with the Internet hs precipitted fr-reching chnges in society. Electronic communictions nd digitl networks re trnsforming the wy we work nd re reshping personl communiction nd entertinment. This trnsformtion hs hd tremendous effect on the need nd opportunity to lern. Unfortuntely, the trnsmission model tht still domintes eduction hs chnged little. Notwithstnding the widespred doption of computer communictions in society, we hve yet to fully experience the trnsformtive effects of this medium, prticulrly its effect on e-lerning. We re in wht John Seely Brown (2000) described s the grdul development phse of this trnsformtive medium nd re yet to experience its explosive impct. We re only experiencing e-lerning in its erly forms nd hve much to lern of its inherent cpbilities nd the cretion of new 'lerning ecology' (Brown 2000). s hs been suggested, e-lerning is not simply nother technology or dd-on tht will be quietly integrted or ultimtely rejected. E-lerning represents very different ctegory nd mode of communiction. Since communiction is t the hert of ll forms of eductionl interction, it is likely tht its impct on eduction systems nd individul techers nd lerners will be significnt. It mkes little sense to replicte or simulte trditionl fce-to-fce pproches. Clerly, if we relly re experiencing new lerning ecology, simulting prctices bsed on very different ecology simply misses the point. Not only would opportunities to improve the lerning experience be lost, but merely simulting trditionl prctices resists cpitlizing on the chrcteristics of new er of lerning. E-lerning will inevitbly trnsform ll forms of eduction nd lerning in the twenty-first century. Notwithstnding tht e-lerning's influence in trditionl eductionl institutions hs been wek - in relity, little more thn n enhncement of current prctices - s we gin better understnding of its potentil nd strengths, e-lerning will effectively trnsform how we pproch the teching nd lerning trnsction (Grrison nd nderson 2000). E-lerning trnsforms eduction in wys tht extend beyond the efficient delivery or entertinment vlue of trditionl pproches. E-lerning cnnot be ignored by those who re seriously committed to enhncing teching nd lerning. 1. new relity with ccess to E-lerning t the core of the e-lerning trnsformtion is the Internet. report of the US Web-bsed Eduction Commission (on-line) stted: The question is no longer if the Internet cn be used to trnsform lerning in new nd powerful wys. The Commission hs found tht it cn. The Web-bsed Eduction Commission clls upon the new Congress nd dministrtion to embrce n 'e-lerning' gend s centrepiece of our ntion's federl eduction policy. (Retrieved July 2001) The report recommended tht vstly expnded development nd innovtion progrmme 'should be built on deeper understnding of how people lern, how new tools support nd ssess lerning