In today's technology driven society more can be accomplished than ever before. For example, for those who want to file for bankruptcy without the use of an attorney there are non-attorney bankruptcy petition preparers who can prepare bankruptcy forms on-line for reasonable rates. These professionals offer a valuable resource for those who would otherwise go without the assistance they need during dire financial situations.
Although most people think of bankruptcy filers as irresponsible people who forego paying their bills so that they can frivolously spend their money, that is not always the case. Most people actually file for bankruptcy due to medical bills. With this understanding it may be a lot easier to understand why there is the need for professionals who can affordably assist people with filing for bankruptcy.
11 U.S.C. Section 110 spells out the directives for bankruptcy petition preparers. It is equally important for those that hire them to be aware of this statute. The use of bankruptcy petition preparers has caused great concern for those who believe that they go beyond the bounds of the law. This is due largely because they are not able to provide legal advice are determine which chapter of bankruptcy should be filed. If you are interested in learning more about this law and other aspects of bankruptcy, or how to become a bankruptcy petition preparer consider registering for one of the following courses.
Historically restrictive covenants have been utilized in an attempt to prevent certain groups of people (mainly African Americans) from moving into certain communities. A look back in time will provide a better understanding of why these contractual arrangements were used and accepted as a legitimate means to justify the “preservation of market value”. Maintaining the status quo or “protection from undesirables” has always allowed wrongdoings to be perpetuated.
The following timeline illustrates how discriminatory practices based on segregation were allowed to continue undeterred in the U.S for over 150 years:
1857 In the Dred Scott case the U.S. Supreme Court ruled African Americans
were not U.S. citizens and therefore could not sue in Federal Court
1881 Railroads were segregated
1896 In the Plessy v. Ferguson case the U.S. Supreme Court decides that
separate but equal satisfies the U.S. constitution therefore sanctioning Jim Crow laws
1902 Streetcars segregated
1913 Governor sanctioned government wide segregation of workplaces,
restrooms, and lunchrooms
1916 Segregated place of worship established
1924 Segregation in housing initiated based on City Ordinance in New Orleans
1954 Integration starts to gain traction with the integration of Central High School in Little Rock Arkansas
No one wants to be called out on their bad deeds. When a wrongdoer is caught in any act of wrongdoing whether it be legal or moral one of the typical responses is to either deny the wrongdoing or to justify it. For that reason justifications and excuses for perpetrators of these acts can be as colorful as the rainbow.
During the time when “colored” people were prevented from dining, attending school, or drinking out of the same water fountains as “white” people there were laws in place that institutionalized these discriminatory practices based on ingrained and socially acceptable racially discriminatory practices. After several landmark cases made these practices illegal the ingrained beliefs that resulted in discriminatory practices did not stop they just were written into private contracts. Instead of using codes and rules to keep “colored” folks from integrating these prohibitions were written into private contracts. An example of such a provision in a contract included language such as:
“…hereafter no part of said property or any portion thereof shall be occupied by any person not of the Caucasian race, it being intended hereby to restrict the use of said property…against occupancy as owners or tenants of any portion of said property for resident or other purposes by people of the Negro or Mongolian race.”
These types of clauses or provisions made it possible for segregation not only to continue but to morph and hinder segments of society from obtaining basic human rights and dignities. In the modern age these same kinds of abuses occur when private parties enter into private contracts to perpetuate illegal activities from being spotted on the surface. Segregation is still segregation. A contract does not mean that private citizens can usurp human rights and dignities.
1. Historical Shift from Explicit to Implicit Policies Affecting Housing Segregation in Eastern
2. Timeline of Civil Rights Movement, 1850-1970
Fashion law is a multifaceted practice area that spans a variety of disciplines. It has never been more important to know how, when, and where intellectual property will have an impact on what you wear and how you dress than now. It never stops evolving. Time has changed what we have seen in the fashion industry. Grey market goods have seen an increase in the U.S. Stock market prices have seen a drastic swing ever since the public has been made aware of the possibility of obtaining knock off designer apparel and goods at a cheaper rate. Why would a consumer choose to pay a higher price for an article of clothing that the untrained and even the trained eye would never suspect is a fake? Consumers have become more spend thrifty as on-line retailers make it easier to make on-line purchases for a fraction of the cost of the genuine article. Even when the fashionista who derives great pride from wearing designer clothing and “knows how to determine the real Louis Vuitton from the knockoff” can walk around with a fake one if the purchaser is who they put their trust in to determine the authenticity of an article. It is unbelievable how many respectable retailers purchase luxury items that are not genuine and pass them off for the real thing.
When someone purchases and partakes in the entertainment of movies and music, whether free or paid, without the consent of the rightful owner (the distribution of most of these works is not for educational purposes, which would exempt the distributors from copyright infringement) they have infringed on the copyright of the rightful owner of that artistic work. The tricky thing with the infringement that occurs within fashion is that the purchaser may never suspect that they are cooperating with copyright infringement. How does this happen? Case in point. The fashionista visits their favorite luxury boutique to purchase the newest designer handbag by his or her favorite designer not knowing that the boutique owner purchased these handbags oversees from a manufacturer with a legitimate trademark to design and distribute handbags meant for the distribution in another country but not within the United States.
Grey market goods are like counterfeit items in that they both are used to derive financial gain by the sale of goods without the consent of the rightful owner, but this is where the line begins to get blurred. Grey market goods are created by a manufacturer with a legitimate trademark, but the way these goods are distributed are unauthorized. Counterfeit goods are created by a manufacturer without a legitimate trademark and therefore both the manufacturing and the distribution is unauthorized. In international trade grey goods and counterfeit goods can become intermingled therefore allowing for the importation of both within the U.S. in the same batch of goods.
So back to the fashionista who has just visited the upscale boutique to purchase the latest designer handbag that was obtained by the retail owner who didn’t know that these handbags where imported in a batch of counterfeit and grey good apparel. Is the handbag a knockoff or is it the real thing? Is it a grey market good or is it a counterfeit? One may never know. Now when a person purchases designer items they must be sure that it is the genuine article regardless of where it is purchased from.
Want to learn how to research fashion law? Checkout the Advanced Legal Research Certificate.
You might be interested in these courses:
Fashion Law and Intellectual Property Considerations
Intellectual Property Law Master Class
When you decide to invest more time and money into your career it is a good idea to focus on two key areas:
If you knew when the benefits from your efforts would be rewarded, you may be more willing to use your time and money wisely by investing in your career now instead of waiting until you’re forced to. Waiting until some pivotal point usually means that you’re working on a specific case, transfer to another department, or job and lack the necessary skills. Therefore, you’re forced to take additional training. It’s not always a good reason to do something because you initially derive the benefits from it, but rather for the simple fact that it needs to be done to accomplish a future goal. Case in point. The result from spending countless hours mulling through cases to assist with a client’s matter is grueling at first, but when you experience how an attorney weaves in into a masterpiece for display during a closing argument at trial you are able to see how your work helped an attorney when a case.
Want to start improving your legal research skills? Check out the Advanced Legal Research Certificate and see how it can help you to become a faster, better, and smarter legal researcher.