Understanding the Corporate Identity Effect: An Examination of How Legal Standards are Applied to the Behavior of Corporate versus Individual Defendants in a Civil Lawsuit Scenario

Author(s):  
Kelly Rebeck
2005 ◽  
Vol 10 (2) ◽  
pp. 149-162
Author(s):  
garth paine

endangered sounds is a project that focuses on the exploration of sound marks (trade-marked sounds). the initial stage of this project was funded by arts victoria, and comprised legal searches that resulted in the listings of sound marks registered in australasia and the united states of america. this list was published on the internet with a call for volunteers to collect samples of the listed sounds internationally. the volunteer was sent a specimen tube with label and cap, and asked to collect the sound by placing the specimen tube close to the source (thereby capturing the air through which the sound travelled), securing the cap and then completing the label, documenting the time, place and nature of the sound (sound mark reg. no., sound mark description, time of capture, date of capture, location, etc.). these specimen tubes were collected and displayed in chemistry racks in the exhibition in the biennale of electronic arts, perth in 2004, illustrating the frequency and diversity of the environment into which these ‘private’, protected sounds have been released. the exhibition project consisted of:(1) a web portal listing all the sound marks listed in australasia and the usa, and negotiations are underway to expand that to include the eu.(2) a collection of sound marks in specimen tubes with caps and labels gathered internationally by people who volunteered to collect samples of sound marks in their environment.(3) a number of glass vacuum desiccator vessels containing a small loudspeaker and sound reproduction chip suspended in a vacuum, reproducing sound marks in the vacuum, notionally breaking the law, but as sound does not travel in a vacuum the gallery visitor hears no sound – what then is the jurisdiction of the sound mark?(4) a card index register of lost and deceased sounds.this project questions the legitimacy of privatising and protecting sounds that are released at random in public spaces. if i own a multi-million dollar penthouse in a city, and work night shifts, i have no recourse against the loud harley davidson or australian football league (afl) siren that wakes me from my precious sleep – both sounds are privately protected, making their recording, reproduction and broadcast illegal.while there are legal mechanisms for protection against repeat offenders, and many of us are committed to a culturally conditioned moral obligation re sound dispersion, there are no legal limits – i can call the police, but the football siren is already within legal standards and still permeates the private domain of city dwellings. the noise abatement legislation is only applicable to regular breaches of the law, and takes some time to sort out, but it does not apply to singular occurrences which, although within legislated limits, still disturb. additionally, the laws are based on amplitude and do not really address the issue of propagation. the ownership of the sound is not addressed in these legislative mechanisms – it should be; if the sound is an emblem of corporate identity, we should be able to choose not to be exposed to it, in the same way that we can place a ‘no junk mail’ sign on our letter boxes. acknowledgement of the private domain is sacrosanct in other areas of legislation, in fact heavily policed, but not addressed in discussions of the acoustic environment beyond amplitude limitations.


2005 ◽  
Author(s):  
Elizabeth McChrystal ◽  
Arthur Gutman

Author(s):  
Rosa Misso ◽  
Gian Paolo Cesaretti ◽  
Hanna Safwat Shakir
Keyword(s):  

Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


ARCHALP ◽  
2018 ◽  
pp. 126-137
Author(s):  
Marina Hämmerle

We cannot understand the development of Vorarlberg’s architectural culture without its spatial, topographical, and socio-economic context. There is a great contrast between rural valleys and the busy, semi-urban Rhine Valley. With their exemplary buildings, states and municipalities model the production of excellent, contemporary architecture. Industrial and commercial architecture has achieved an impressive corporate identity as well. However, we rarely find the same quality in residential construction. Because of the high cost of real estate and construction apartment buildings have grown up like mushrooms, intruding upon areas formerly predominated by detached housing. Urban sprawl has eliminated the borders between the 29 municipalities of the Rhine Valley, resulting in a giant suburban landscape. To remedy this process, the players cooperate with the regional authorities as they carry out their vision of urban planning, including guidelines and ideas. Because planning and production have become so complex, urban and regional development has turned into an immense challenge. Provincial and municipal authorities value openness, participation, common good, ecology, and sustainability and involve citizens and adapt the process to their needs. Still, they must consider subsidy rules and regulations, which, until now, have privileged private property over common good and have prioritized ecological standards over architectural quality and the concerns of urban planning. Since 1997, the Vorarlberg Architecture Institute, has inspired, challenged, and spoken for the architectural-cultural scene. It continues to mediate and complement the discourse and activities of the Central Association of the Architects of Vorarlberg. In addition, the Chamber of Architects strives to improve competition procedures. The Energy Institute Vorarlberg supports ecology and promotes sustainability. The Quality Association “vorarlberger_holzbaukunst” has promoted the renaissance of timber construction. Carpenters and architects actively support the prefabrication and development of new technical solutions. Similarly, the members of the Werkraum Bregenzerwald, a craftsmen’s association, continue and transform the cultural heritage in sophisticated and resource-friendly ways, as evidenced by many buildings and the “Werkraumhaus” itself. Vorarlberg’s hospitality industry plays an important role in supporting and promoting the architectural culture. However, thoughtful and coordinated master planning is necessary to expand the quality of individual architectural projects to urban and regional planning and construction. This transition will be the most important challenge for the period of urban densification. Vorarlberg may be Alpine – even rural – but it is urban without doubt.[English translation by Ingeborg Fink].


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