1. The court decision for Rogers v. Koon ruled that Koons “String of Puppies” sculpture was a direct copyright infringement of Roger’s “Puppies” photograph. I agree with the decision of the case because there were high levels of evidence supporting obvious motives to plagiarize the photograph. The least Koons could have done was give credit and recognize it especially since a majority of the content was Rogers’s original work. By not intending to give credit at the art gallery and not letting purchasers be aware of the original, this shows intentions to maliciously deceive others as if he had original ownership. By stressing and trying to capture almost exact areas, and exhibiting it at the art gallery, this demonstrates he tried to pursue
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
The R vs Papajohn case took place in Vancouver of 1979. It was one of the first controversial sexual assault cases because of the issue of false consent. Geroge Papajohn was accused of sexual assault and found guilty. George Papajohn put his house up for sale and acquired the help of a real-estate agent, Constance (real name is protected under rape shield act). Because of the differing stories gave to the court, Papajohns intentions remain unclear. Did George Papajohn commit sexual assault or was it an honest mistake of false consent?
Fred Korematsu was born in the U.S. in 1919. His parents were born in Japan. Since he was born in the U.S. he was a citizen. He grew up like a normal kid in California. As he grew up, his life was normal, until the attack on Pearl Harbor on December 7, 1942.
In the past recent years, we have heard in the news around cases involving assault and battery cases involving professional athletes or other celebrity figures, however, it is “not uncommon in the sport and recreation environment for a person to be harmed as a result of another’s intentional conduct, both on and off the “field of play” Cotten & Wolohan, p. 214). Nonetheless, it is important to understand that the term “liability” is often not limited to athletes-as-combatants. For example, in Law for recreation & sport managers uses an example from page 215 that discusses a youth football game regarding how a referee was attacked by three coaches and also was tackled by a 14-year-old player, resulting in charges of felony battery. Thus, Hamakawa remarks to say, ”recreation and sport managers should be aware that their organizations are not immune from incidents involving participants, parents and other spectators, coaches, and officials, security
The word “original” is often used to describe paintings that have been manufactured by hand, but it is not clear whether hand-made copies of work are still considered so. When an artist copies another’s art, is his own art original now that it has been tainted by the thoughts’ of others? The poem “To A Mouse” by Robert Burns served as inspiration for John Steinbeck when writing the famed tragedy “Of Mice and Men.” Steinbeck, a Nobel prize-winning author, set many of his books during the Great Depression or the California Dustbowl, times when the future seemed bleak. In Of Mice and Men, man-child Lennie and his “father figure” George form an unsuspecting friendship, and set off into the world with their dreams of one day buying land and settling down. The characteristics of these protagonists are directly taken from the Burns’ poem, which describes similar characters. Is such a close emulation detrimental to the value of originality in the work? Steinbeck believed that “only through imitation do we develop toward originality,” a motif seen in Of Mice and Men. Inspiration is necessary for all art, but by exploiting Burns’ poem, Steinbeck bastardizes the innocence of originality.
Korematsu v. United States (1944) actually began December 7, 1941 with the Japanese attack on Pearl Harbor. The attack on Pearl Harbor then began the conquering of Wake, Guam, Philippines, Malaya, Singapore, Dutch East Indies, New Guinea, Solomon Islands, and Burma. With the attack on Pearl Harbor, racism, which was hardly unfamiliar, became an even greater problem. The Japanese Government's attacks on Americans including; torturing, raping, and murdering was an excuse for Americans aversion towards the Japanese. Public officials began to lock up the Japanese people simply for their own good, for protection against the hate crimes.
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.
Facts of the case: A California statute made it a criminal offense for a person to "be addicted to the use of narcotics." Lawrence Robinson was convicted under the law, which required a sentence of at least ninety days in jail. After a police officer, who had noticed that Robinson's arms were scabbed, discolored, and filled with needle marks. The officer arrested Robinson, who was sent to the Los Angeles central jail. He was examined by a narcotics division of the police department and proven to have and injection of unsterilized hypodermic needles in his arm.
Art for Art's Sake: Its Fallacy and Viciousness. The Art World, Vol.2. May 1917. 98-102
Hughson kept the first two quarters close,but Ripon would take away the last quarters to their advantage taking the game 47-27.
Comparing different works of art from one artist can help a person gain a better understanding of an artist and the purpose of their artwork. An artist’s works of art usually have similarities as well as differences when compared together. Sandy Skoglund is a photographer that stages entire rooms to create a scene for her photographs. Skoglund uses painting, sculpture, and photography to create her artwork. Due to the fact that most of her photographs are created in similar ways, almost all of her photographs have similar components represented throughout the photographs. Differences can be found in her artwork as well. Skoglund’s Revenge of The Goldfish, 1981 (Figure 1), is a popular work of art that is represented at the Akron Art Museum
The Kornilov Affair James Joll describes the Kornilov affair as "a failed attempt at a military Putsch by a right-wing general" (p.230) in his book Europe Since 1870. This view reflects the official government version at the time. This essay intends to see how accurate a picture this version gave of the Kornilov affair. The Kornilov affair officially began on September 9, when Supreme Commander-in-Chief of the Army, General L. C. Kornilov, brought a corps to Petrograd and disobeyed an order of dismissal by Alexander Kerensky, head of the Provisional Government[1].
Based on this creator-centric definition, one may claim that art is purely a form of individual expression, and therefore creation of art should not be hindered by ethical consideration. Tattoos as pieces of artwork offer a great example of this issue. However, one may take it from the viewer’s perspective and claim that because art heavily involves emotion and the response of a community after viewing it, the message behind what is being presented is what should actually be judged. To what extent do ethical judgements limit the way the arts are created?... ...
...puppies, and the sculpture created by Jeff Koons. The court came to the conclusion that if a person was to look at the artwork, they would be able to recognize it as it has the same exact content as the photograph.
According to this theory the artist may or should depict what is true to life, what really is, what is beautiful and therefore pleases him, or even what may be useful as material for ‘science'; but that to care about what is moral or immoral, right or wrong, is not an artist’s business.” (5)