Tuesday, December 31, 2019

The Yellow Wallpaper By Charlotte Perkins Gilman - 1442 Words

â€Å"The Yellow Wallpaper† Charlotte Perkins Gilman was one of the most prominent feminists of her century. She brilliantly created a haunting and gothic allegory in her short story, â€Å"The Yellow Wallpaper.† It was difficult for women to express themselves in a male dominant society, and they would often try to seek greater fulfillment. Gilman takes her audience through her unnamed character’s journey of emotional deterioration, and her quest for control over her own life. The author’s allegory for the suffrage of women as a whole is perceived through her female protagonist with marital submission, oppression, and the evils of the resting-cure all inspired by her own personal experience. It is difficult to completely understand the story without immensely examining the author’s background. Gilman suffered with depression shortly after giving birth to a baby girl. Gilman met with Dr. Weir Mitchell, a nervous disease specialist, who suggested his original treatment called the â€Å"rest-cure†, under which the patient was restricted from writing, reading, or talking to others besides the authority over her (USA Today Magazine, 4-5). Gilman’s anguish through constraints greatly influenced her story as her main character was writing without permission. â€Å"Gilman reminds the reader frequently that her narrator is a habitual writer for whom The Yellow Wallpaper is a kind of diary, an accurate record of her turbulent inward journey. Drawing on Gilman s experience of post-partum depressionShow MoreRelatedThe Yellow Wallpaper By Charlotte Perkins Gilman885 Words   |  4 Pagesbeen a stigma around mental illness and feminism. â€Å"The Yellow Wallpap er† was written by Charlotte Perkins Gilman in the 1900’s. â€Å"The Yellow Wallpaper† has many hidden truths within the story. The story was an embellished version her own struggle with what was most likely post-partum depression. As the story progresses, one can see that she is not receiving proper treatment for her depression and thus it is getting worse. Gilman uses the wallpaper and what she sees in it to symbolize her desire to escapeRead MoreThe Yellow Wallpaper By Charlotte Perkins Gilman846 Words   |  4 PagesHumans are flawed individuals. Although flaws can be bad, people learn and grow from the mistakes made. Charlotte Perkins Gilman’s short story, â€Å"The Yellow Wallpaper†, gives one a true look at using flaws to help one grow. Gilman gives her reader’s a glimpse into what her life would have consisted of for a period of time in her life. Women were of little importance other than to clean the house and to reproduce. This sto ry intertwines the reality of what the lives of woman who were considered toRead MoreThe Yellow Wallpaper By Charlotte Perkins Gilman1362 Words   |  6 Pagesas freaks. In the short story â€Å"The Yellow Wallpaper† by Charlotte Perkins Gilman, both of these elements are present. Gilman did a wonderful job portraying how women are not taken seriously and how lightly mental illnesses are taken. Gilman had, too, had firsthand experience with the physician in the story. Charlotte Perkins Gilman s believes that there really was no difference in means of way of thinking between men or women is strongly. â€Å"The Yellow Wallpaper† is a short story about a woman whoRead MoreThe Yellow Wallpaper By Charlotte Perkins Gilman1547 Words   |  7 PagesCharlotte Perkins Gilman s career as a leading feminists and social activist translated into her writing as did her personal life. Gilman s treatment for her severe depression and feelings of confinement in her marriage were para lleled by the narrator in her shorty story, The Yellow Wallpaper. Charlotte Perkins Gilman was born in 1860 in Hartford, Connecticut. Her parents, Mary Fitch Perkins and Fredrick Beecher Perkins, divorced in 1869. Her dad, a distinguished librarian and magazine editorRead MoreThe Yellow Wallpaper By Charlotte Perkins Gilman2032 Words   |  9 Pagesâ€Å"The Yellow Wallpaper† by Charlotte Perkins Gilman is a poem about women facing unequal marriages, and women not being able to express themselves the way they want too. Charlotte Perkins Gilman was born in 1860, and died in 1935. This poem was written in 1892. When writing this poem, women really had no rights, they were like men’s property. So writing â€Å"The Yellow Wallpaper† during this time era, was quite shocking and altered society at the time. (Charlotte Perkins Gilman and the Feminization ofRead MoreThe Yellow Wallpaper By Charlotte Perkins Gilman904 Words   |  4 Pagescom/us/definiton/americaneglish/rest-cure?q=rest+cure). Charlotte Perkins Gilman wrote The Yellow Wallpaper as a reflection of series of events that happened in her own life. Women who fought the urge to be the typical stereotype were seen as having mental instabilities and were considered disobedient. The societal need for women to conform to the standards in the 1800s were very high. They were to cook, clean and teach their daughters how to take care of the men. Gilman grew up without her father and she vowedRead MoreThe Yellow Wallpaper By Charlotte Perkins Gilman999 Words   |  4 Pages â€Å"The Yellow Wallpaper† is a story of a woman s psychological breakdown, which is shown through an imaginative conversation with the wallpaper. The relationship between the female narrator and the wallpaper reveals the inner condition of the narrator and also symbolically shows how women are oppressed in society. The story, read through a feminist lens, reflects a woman s struggle against the patriarchal power structure. In the â€Å"The Yellow Wallpaper†, Charlotte Perkins Gilman uses the wallpaperRead MoreThe Yellow Wallpaper By Charlotte Perkins Gilman Essay1208 Words   |  5 Pagesthat wallpaper as I did?† the woman behind the pattern was an image of herself. She has been the one â€Å"stooping and creeping.† The Yellow Wallpaper was written by Charlotte Perkins Gilman. In the story, three characters are introduced, Jane (the narrator), John, and Jennie. The Yellow Wallpaper is an ironic story that takes us inside the mind and emotions of a woma n suffering a slow mental breakdown. The narrator begins to think that another woman is creeping around the room behind the wallpaper, attemptingRead MoreThe Yellow Wallpaper By Charlotte Perkins Gilman846 Words   |  4 PagesThe dignified journey of the admirable story â€Å"The Yellow Wallpaper† created by Charlotte Perkins Gilman’s, gave the thought whether or not the outcome was influenced by female oppression and feminism. Female oppression and feminist encouraged a series of women to have the freedom to oppose for their equal rights. Signified events in the story â€Å"The Yellow Wallpaper† resulted of inequality justice for women. Charlotte Perkins Gilman gave the reader different literary analysis to join the unjustifiableRead MoreThe Yellow Wallpaper By Charlotte Perkins Gilman1704 Words   |  7 PagesEscaping The Yellow Wallpaper Charlotte Perkins Gilman (1860-1935) whom is most acclaimed for her short story The Yellow Wallpaper (1891) was a women’s author that was relatively revolutionary. Gilman makes an appalling picture of captivity and confinement in the short story, outlining a semi-personal photo of a young lady experiencing the rest cure treatment by her spouse, whom in addition to being her husband was also her therapist. Gilman misused the rest cure in The Yellow Wallpaper to alarm other

Monday, December 23, 2019

Critique on Pollice Verso - 825 Words

Pollice Verso by Jean-Leon Gerome Pollice Verso, latin for Thumbs Down, is a realistic painting by Jean-Leon Gerome depicting a gladiator battle in the ancient Roman Coliseum. The scene is of a Gladiator standing over his defeated opponent and looking towards the audience, most likely a group of Vestal Virgins, waiting for their order of whether to kill his opponent or let him live. The Vestal Virgins are seen with their thumbs pointed down, which was the order to kill him. Despite living centuries after the gladiatorial battles in the coliseum, Jean-Leon Gerome, known for his realistic style, is able to realistically portray this brutal scene of a gladiator battle and the values of Roman culture through the use of techniques such†¦show more content†¦Gerome effectively used scale, contour, texture, and aerial perspective in his painting. The gladiator stands high and tall in the foreground of the painting, whiles the Emperor and people in the stands pale in comparison to the gladiator in size. Also th e detail of the gladiator is much more in depth than the detail of the common people in the background. Gerome also placed the gladiator in front of objects in the background, which have a paler, bluer hue to them. Geromes excellent use of perspective allows him to bring even more of a sense of realism into the painting, which is absorbed by the viewer, making the scene even more realistic. Jean-Leon Gerome painted Pollice Verso in hopes of created a realistic portrayal of not only a gladiator battle in the coliseum, but also the values of Roman society. Through his research on the Romans, his devotion to accuracy, his use of lighting, and his use of perspective, Gerome succeeded in accurately depicting the values of Roman society and in expressing the full emotion of the scene of Roman society to the viewer . no bibliography

Sunday, December 15, 2019

FFA Pro Golf Case study Free Essays

They came from no official agency agreement – legally, an agent is someone who has authority to create legal relations between a person known as a ‘principal’ (In this case Pro Golf) and others – o an official trademark agreement – which Is a contract under which the owner of a copyright (in this case Pro Golf), allows a licensee (here FAA) to use, make, or sell copies of the original brand. This changes make us understand the strong link between the companies and their willing to increase their cooperation. However, FAA decided to sub-license the trademark to another Japanese company for the aim to making more money. We will write a custom essay sample on FFA Pro Golf Case study or any similar topic only for you Order Now Issues The fact that FAA decided to sub-license the trademark in order to make margin on loyalties incited Pro Golf to end the contract. The termination of the contract by Pro Golf incited FAA to sew them for breaching of contract. Was Pro Golf entitled to terminate the contract with FAA? Rules â€Å"Contracts that do not state a set length of time for termination are presumptively â€Å"at will† and may be terminated by either party at any time. † Court’s decision Considering that the contract between Pro Golf and FAA does not mention any set length, they should be entitled to end the contract whenever they want to. Pro Golf re entitled to terminate the contract with FAA. Was Pro Golf entitled to royalties received for Teeth sales? During those 6 years , Pro Golf and Facilitation evolved. They came from no official relations between a person known as a ‘principal’ (in this case Pro Golf) and others – to an official trademark agreement – which is a contract under which the owner of a FAA got a new opportunity to increase its benefit through getting higher royalties by Sub-licensing the trademark to Teeth Was Pro Golf entitled to royalties received for Teeth sales? This is Just a trademark agreement, they are no agency relationship between companies. The company can use the trademark on golf soft goods in Japan freely. Application of Rules Because the two companies made a trademark agreement, FAA can use the trademark on golf soft goods in Japan freely and sub-license the contractual rights. No Agency relationship between Pro Golf and FAA was engaged but rather a written trademark agreement for FAA to use the First Flight trademark on golf soft goods. Courts in the U. S. E reluctant to impose restrictions on assigning of rights in real or personal property; FAA here has a contractual right to use the trademark on golf soft goods in Japan and can freely transfer, assign, or sub-license all or part of those contractual rights. Nothing in Fast trademark license contract with Pro Golf prohibited FAA from granting sub-licenses to others or required FAA to pass along to Pro Golf any royalties FAA might receive from such subsequences. Was Pro Golf entitled to reimbursement for its attempts to perfect trademark rights in Japan? When Pro Golf heard its attempt to register the trademark in Japan had not been completely successful and that third parties had obtained the right to use the trademark in Japan, they terminated the contract. The termination of the contract by Pro Golf incited FAA to sew them for breaching of contract. Pro Golf counterclaims and ask for reimbursement for damages equals to its expenditure. Was Pro Golf entitled to reimbursement for its attempts to perfect trademark rights in Japan? In Japan, the rules are different than in the United States. Third parties are able to et registration without use, in the contrary than in the USA where registration is basically synonym for legal protection of a trademark. As FAA is operating under Japanese rule, it should not be responsible to payback Pro Golf for its own failure. In Japan, unlike the U. S. , registration is the critical factor for legal protection of a trademark. Third parties were able to get registration without use, and Pro Golf apparently had to buy them off. Its failure to do so is not the fault of FAA, nor should FAA be responsible to reimburse Pro Golf for its own failure. How to cite FFA Pro Golf Case study, Free Case study samples

Saturday, December 7, 2019

A Better Way of Using/Gaining Intelligence - Essay free essay sample

According to the National Criminal Justice Sharing Plan(NSP), the model of the intelligence process is a six phase process in which helps determine the usefulness of intelligence gained(Carter, p. 57). The six phase process Includes planning, collection, processing, analysis, dissemination, and reevaluation of the Intelligence information gained. The planning process includes not just evidence gathered as intelligence but also covers the realm of threats, which are not necessarily hard evidence but could be potentially devastating to communities.Threat identification s the first step to preventing a threat and needs to be determined exactly regionally where the threat is located but also what department of policing should work with the threat Intelligence (59). The best way to Implement better threat assessment Into law enforcement work Is to train law enforcement officers to always report with correctness any form of threats they receive from their routine police work. The second step in the process is collection of data and the goal is to collect intelligence information accurately and accordingly with the correct law enforcement apartment. We will write a custom essay sample on A Better Way of Using/Gaining Intelligence Essay or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Collection also attempts to establish a criminal nexus with any person of organization that is identified In criminal Justice records (63). With the collection step of the Intelligence process you must also account for the quality of the data that Is collected for use In the Intelligence process. The way and quality in which intelligence information is collected by law enforcement personnel is paramount in determining how useful intelligence Information will be to police work. The quality of data in terms of consistency, correctness, and precision impacts how useful the intelligence gained will be (Westphalia 34).Law enforcement officials need to be very critical when collecting and writing down names, addresses, and phone numbers because these are the most common problems that forces the criminal nexus in which the collection process tries to create from not finding the right person within the database. Law enforcement could be better trained through the police academy and should always check their spelling of anything written or typed by themselves in order to actually collect the data in a useful way.Common language in retain Instance throughout police departments could also decrease the amount of human errors during the Intelligence process. The way in which data Is collected Is The third step to the intelligence process is the actual processing of intelligence received, but it is very important to note if even one name is misspelled the intelligence may have no use at all. The processing of information is broken down into four separate activities (Carter 64).The first step is to test the reliability of the intelligence gathered and this include verifying that it has come from an accurate resource and isnt Just a myth. The second step is testing the validity of the information which figures if the information is accurate and useful, however it is important to note that you must have competing information in order to determine the use of the intelligence gathered. If you fail to have competing information then you must start the whole process over again.The way in which this methodology could be implemented is to make sure the analyst in question is qualified and at least has two sources of intelligence to process. The next activity is to test the method in which the n which the information was collected, meaning to make sure it was collected lawfully and accurately. The last activity within the processing step is to disconnection which is to make sure no other law enforcement agency is making the same inquiry as you are.If so, then it is useful to note that your intelligence can often be passed onto the other agency involved (67). The heart of the intelligence process is the fourth step which is t he analysis of the intelligence gathered. The intelligence is to be cross examined with numerical and qualitative data and this is to point out any indicators or connections with other intelligence involving the same group or person.The result is the intelligence product which is a summary of all the intelligence gathered along with any conclusions and a forecast of what is to come from the criminal or organization (68). The fifth and sixth steps are dissemination and reevaluation. Dissemination involves getting the right information to the right hands. Law enforcement officials can better implement this by creating a system in which all levels of law enforcement can use to make any intelligence gathered more useful to all sections of law enforcement (69).

Friday, November 29, 2019

Consider whether the Consumer Protection Act Essay Example

Consider whether the Consumer Protection Act Essay See whether the Consumer Protection Act 1987 has made a important difference to patients who suffer hurts as a consequence of faulty medical merchandises. This essay will briefly see the place of patients who suffered hurts as a consequence of faulty medical merchandises prior to 1988. The piece will so see the effectivity of the Consumer Protection Act 1987 and supply an analysis of the relevant instances to day of the month. Before the Consumer Protection Act 1987 was enacted, patients who were injured as a consequence of faulty medical merchandises had really limited options in footings of recovery. Where a consumer had himself bought the merchandise so he may hold been able to action in contract. This would usually be through the operation of the Sale of Goods Act 1979 which implies footings that the goods must be of satisfactory quality [ 1 ] and that the goods must be moderately fit for the intent for which they are sold [ 2 ] . However, contractual redresss are of limited relevancy to consumers who suffer drug-related hurts [ 3 ] as it is unusual for a contract to be straight between the consumer and the medicine’s maker. Furthermore, where a drug is prescribed under an NHS prescription, there is no contract with either the druggist or the physician who wrote the prescription. We will write a custom essay sample on Consider whether the Consumer Protection Act specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Consider whether the Consumer Protection Act specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Consider whether the Consumer Protection Act specifically for you FOR ONLY $16.38 $13.9/page Hire Writer InPfizer Corporation v Minister of Health[ 4 ] it was held that payment of the charge for prescription drugs does non amount to a sale for contractual intents. This is because there is no existent freedom to contract, the druggist is duty edge to supply the drugs if presented with a prescription and the payment of the charge, and besides because the charge does non amount to the true monetary value of the drug. The lone other possible cause of action for those injured by faulty medical merchandises before the Consumer Protection Act 1987 came into force was that of a claim in carelessness. This was ( and still is ) available where the consumer could turn out that she was owed a responsibility of attention, and that the manufacturer’s breach of that responsibility caused her hurt [ 5 ] . There are loosely three different types of defect which might be identified in a merchandise: fabrication defects ; design defects ; and, failure to give equal warnings [ 6 ] . Where the defect is a fabrication defect, it will be comparatively straight-forward to turn out that there has been a breach of responsibility as failure to guarantee that medical specialties leave the manufacturer’s premises in a province tantrum for human consumption will by and large bespeak carelessness. However, where the defect is one in design the job is more complex. As no drug can of all time be without effects, side effects can be inauspicious and unanticipated. The claimant would hold to p-rove foreseeability of hurt and that providing the merchandise was unreasonable. It will probably be really hard for the claimant to derive entree to the needed information for cogent evidence and research tests can non be expected to detect every possible side consequence in every possible consumer. A care lessness claim in these fortunes is hence debatable. Similarly, where it is alleged that a warning was faulty, a consumer will be contending against the fact that once more, no drug is wholly safe for everybody and a maker will hold acted moderately if he took sensible stairss to alarm consumers to the hazard of some side consequence. Furthermore, the claimant must besides turn out causing. This is hard because she must turn out that she would non hold taken the drug in inquiry if she had been warned of the peculiar side consequence. As hazards of side effects are by and large low, the job here is obvious. In the 1970s there was a motion in Europe towards integrating a rigorous liability government for hurts cause by faulty merchandises, in portion caused by response to high profile drug jobs such as those associated with the Thalidomide catastrophe [ 7 ] . In 1976 a bill of exchange Directive was presented by the European Commission to the Council Ministers, and in 1977 the European Convention on Products Liability in respect to Personal Injury and Death ( Strasbourg Convention ) [ 8 ] was signed. However, subsequent old ages saw a diminution in involvement for generalised reform. In the UK, the Pearson Commission did non urge no-fault compensation and instances such as Opren and blood taint were regarded as one-off catastrophes [ 9 ] After via media in footings of inclusion of a ‘development hazards defence’ , a 2nd version of the Directive was accepted. It was implemented in the UK by the Consumer Protection Act 1987. This Act was designed to do it easier for patients to action the manufacturer of a drug they believe injured them [ 10 ] . The balance of this essay will see to what extent the Consumer Protection Act has succeeded in this purpose. Under the Consumer Protection Act 1987 a claimant seeking compensation from the maker need merely turn out ( 1 ) that the merchandise was faulty and ( 2 ) that the defect in the merchandise caused the hurt. It is said that rigorous liability is fairer to claimants because it establishes that duty for an hurt caused by a faulty merchandise is borne by the individual making the hazard and profiting financially from the merchandise [ 11 ] . Furthermore, the maker is in the best place to exert control over the safety and quality of the merchandise and can see against hazards. The Act imposes rigorous liability on makers and, where a provider can non or will non supply inside informations of the maker, on providers besides, for faulty merchandises which cause physical hurt, or belongings harm greater than five 100 euros, though pure economic loss is non covered. Any claim under the Act, in order to be successful, must be brought within three old ages of the find of the harm or hurt, and there is a maximal clip bound of 10 old ages from when the merchandise was first put into circulation [ 12 ] . This clip bound makes it easier for makers to see against liability, but it will necessarily go forth some people uncompensated as some inauspicious reactions can take many old ages to attest themselves. As the Act applies merely to drugs put into circulation after it came into force on 1 March 1988, it could be expected that there would be comparatively few instances brought under the statute law in the first old ages, yet Lord Griffiths [ 13 ] thought that once it was no longer necessary to turn out carelessness, there would be a â€Å"significant increase† in merchandise liability judicial proceeding. Stapleton has attempted to explicate the possible grounds for the Act’s limited impact and concludes: â€Å"In my position, the most convincing account for this no-significant-impact phenomenon is merely that the new jurisprudence barely advances the place of the consumer at all†¦ Save in a few peripheral contexts, no greater liability is imposed by the Directive than already exists under the other two chief causes of action available to victims of faulty products.† [ 14 ] In order to analyze the effectivity of the Consumer Protection Act it is necessary to find what the Act applies to. Medicines and medical devices are ‘products’ for the intents of the Act, but until reasonably late, it was ill-defined whether human organic structure tissues or fluids would be covered [ 15 ] . InA 5 National Blood Authority[ 16 ] it was accepted that blood is a merchandise under the Act. It hence seems likely that gametes will be capable to the Act’s commissariats, although the position of variety meats is as yet ill-defined [ 17 ] . Possibly one of the countries from which jobs stem in the Consumer Protection Act, is the significance of ‘defective’ . Section 3 ( 1 ) of the Act provides that: â€Å"†¦ there is a defect in a product†¦ if the safety of the merchandise is non such as individuals by and large are entitled to expect.† Observers have criticised this as merely repeating the inquiry: how safe are individuals entitled to anticipate a merchandise to be? [ 18 ] Thereby organizing a round statement [ 19 ] . Section 3 ( 2 ) of the Act goes on to direct the justice to take history all relevant fortunes, including, though non entirely [ 20 ] : â€Å" ( a ) the mode in which, and the intents for which, the merchandise has been marketed, its get-up, the usage of any grade in relation to the merchandise and any instructions for, or warnings with regard to, the making of anything with or in relation to the merchandise ; ( B ) what might moderately be expected to be done with or in relation to the merchandise ; and ( degree Celsius ) the clip when the merchandise was supplied by its manufacturer to another.† The Act does non separate between fabrication, design or failure to warn defects. The definition applies easy to fabricating defects, where the merchandise is less safe than it should hold been because of a faulty production procedure, but in the instance of medicative merchandises, fabrication defects are highly rare [ 21 ] . It is more usual for claimants to aver that the design was faulty, or that they were inadequately warned about a peculiar hazard, and in both of these state of affairss, working out what degree of safety people are entitled to anticipate becomes debatable. It may be argued that consumers may neer anticipate to be injured by a particu7lar merchandise, so that any merchandise which causes in jury is faulty [ 22 ] . However, the trial is an nonsubjective one and, where medical specialties are powerful plenty to change physiological map it may be expected that they will on occasion do inauspicious reactions. Ferguson has suggested another ground why the consumer outlook trial is awkward in its application to pharmaceutical merchandises: â€Å"While one can accept that consumers may develop certain outlooks as to the safety of most consumer goods, pharmaceutical drugs and devices are in a different place since they have to go through rigorous demands, laid down by authorities organic structures, before they can be marketed. It is arguable that a consumer should non anticipate a merchandise which has satisfied the criterions imposed by such organic structures to be any safer than in fact it is† [ 23 ] In other words, if the CSM decided that the medical specialty is sufficiently safe, it would so look odd for a tribunal to make up ones mind that consumers are entitled to anticipate it to be safer. It has been suggested that before the judgement inA 5 National Blood, the tribunals appeared to bespeak that what consumers were entitled to anticipate depended upon the rationality of the defendant’s behavior, and that this in bend â€Å"looks really like an appraisal of whether the suspect was negligent† [ 24 ] . InWorsley V Tambrands Ltd[ 25 ] the claimant suffered toxic daze syndrome which she alleged was caused by a tampon manufactured by the suspect. The claimant had read the cusp included with the box of tampons but her hubby had so thrown it off before she became sick, and as a consequence the claimant did non instantly acknowledge the symptoms and she became unwell. Once she had recovered she alleged that the maker of the tampons had negligently failed to warn her of the hazards of toxic daze syndrome and that the merchandise was faulty under the Consumer Protection Act due to the unequal warnings. The Court rejected the entry that the warnings were unequal and found that the maker had taken the stairss a consumer was entitled to anticipate by ( 1 ) seting a clearly legible warning on the exterior of the box which directed the user to the information cusp and ( 2 ) supplying a clear and unambiguous warning about symptoms and necessary action on the cusp. Similarly, inRichardsonV LRC Products Ltd[ 26 ] the claimant became pregnant when the rubber her hubby used fractured during intercourse. The claimant alleged that the rubber was faulty because it failed. There was conflicting adept grounds in the instance as to when oxidation of the rubber cloth had occurred, with the claimant contending that it was during industry and the suspect reasoning that it was after the break had occurred, whilst being stored in a bathroom closet. The Court decided that although users did non anticipate rubbers to neglect, individuals by and large could non anticipate any method of contraceptive method to be 100 per cent effectual. It was held that the rubbers in inquiry were manufactured to a more demanding criterion than the relevant British Standard. Yet once more, this appears to be taking into history the reasonableess of the defendant’s behavior when proving the merchandise. As Jackson concludes [ 27 ] : â€Å"But if the degree of safety peopl e are entitled to anticipate can non be measured without mention to therationalityof the defendant’s behavior, ‘strict liability’ may be identical from negligence† . Furthermore, inFoster V Biosil[ 28 ] the claimant had undergone chest implants after a bilateral mastectomy. She brought proceedings under the Consumer Protection Act avering that the implants were faulty as the left implant had ruptured. The suspect alleged that the rupture was caused by the sawbones ‘nicking’ it on nidation but the justice rejected this. It was held that the claimant was obliged to turn out the fact of the defect and besides the cause of it, thereby turn outing that the maker had non taken sensible attention. However, this line of instances was interrupted byA 5 National Blood Authority[ 29 ] mentioned supra. This instance has been described as â€Å"by far the most of import instance yet to construe the Consumer Protection Act 1987† [ 30 ] It concerned claims by patients infected with hepatitis C from blood and blood merchandises through blood transfusions after 1 March 1988. The suspects conceded that blood fell within the definition of merchandises for the Consumer Protection Act 1987. It was decided by the tribunal that the commissariats of the Act must be interpreted in visible radiation of the European Product Liability Directive, and that where there were any evident incompatibilities, the Directive should be preferred [ 31 ] . It was the Court’s sentiment that, in finding whether the contaminated blood was faulty, the inquiry was what the legitimate outlooks of the populace were in relation to the merchandise. Peoples expected blood to be clean, and whether the relevant defect was evitable or non was non the issue. The suspects argued that the populace could merely anticipate that they would hold done what was possible to test the blood and avoid the taint, but this was non followed. The Court adopted a differentiation between standard merchandises, which are as the manufacturer intended them to be, and non-standard merchandises which differ. Where a non-standard merchandise is in issue, the populace at big should non be taken as knowing that the merchandise is inescapably insecure. InA 5 National Blood Authoritythe suspects besides attempted to raise the ‘development risks’ defense mechanism contained in subdivision 4 ( 1 ) ( vitamin E ) of the Consumer Protection Act 1987 which provides â€Å"†¦ the province of scientific and proficient cognition was non such that a manufacturer of merchandise of the same description as the merchandise in inquiry might be expected to hold discovered the defect† . The Court went back to the Directive and held that as the hazard was known it did non count that testing processs had non at the clip been developed. This determination hence sum to doing the defense mechanism one of the defect being unascertainable. Equally far as standard merchandises are concerned, the opinion inA 5 National Blood Authorityhas non had an impact, and the old line of instances continues. InPiper V JRI ( Manufacturing ) Ltd[ 32 ] a hip replacing which fractured after 18 months was accepted as faulty. The maker argued that the hip must hold been damaged on nidation, and hence that the defect did non be at the clip it was put into circulation. The adept grounds was extremely conflicting and the Court did non prefer either side. However, the Court decided that the defect would had to be missed by a figure of persons if it were present at the clip it was put into circulation. So, although the instance did non turn straight on the diction of the Act it â€Å"adds to a losing tally for claimants in instances in which the debut of no-fault liability has failed to capture the enthusiasm of the bench† [ 33 ] . It has been argued that a risk/benefit attack may run more efficaciously in instances refering medical merchandises than the consumer outlook trial presently in operation [ 34 ] . Goldberg [ 35 ] provinces that â€Å"there is an built-in logic in turn toing the jobs of faulty medicative merchandises by weighing the hazards against the awaited benefits and against the ‘costs’ of non utilizing the product†¦Ã¢â‚¬  . Furthermore, before the judgement inA 5 National Blood AuthorityGrubb and Pearl [ 36 ] wrote that the public-service corporation of blood, coupled with the absence of any less unsafe option, were likely to take a tribunal to reason that blood is non faulty and that hence rigorous liability would non be applied. In decision, the Consumer Protection Act 1987 has non resulted in the significantly higher degrees of judicial proceeding expected. This may in portion be because the significance of defect has been ill-defined and possible claimants have been put off by the instances decided. However, since the determination inA 5 National Blood Authoritynon-standard merchandises, at least, are genuinely considered on a rigorous liability consumer outlook footing. This is despite old concerns that the Consumer Protection Act was being interpreted as offering no more to claimants than an ordinary carelessness claim. Yet, it is possibly non the instance that claimants are non being served by the Consumer Protection Act as it is unknown how many instances are now settling because of it that antecedently would hold gone to test, conveying all the emphasis to claimants that that entails. Bibliography M Brazier A ; E CaveMedicine, Patients and the Law( 4ThursdayEdn, Penguin, London 2007 ) E Deards A ; C Twigg-Flesner, ‘The Consumer Protection Act 1987: cogent evidence at last that it is protecting consumers’ ( 2001 ) 10 ( 2 )NottinghamLaw Journal1 WCH Ervine, ‘Satisfactory Quality: What does it Mean? ’ ( 2004 )Journal of Business Law684. P Ferguson,Drug Injuries and the Pursuit of Compensation( Sweet A ; Maxwell, London 1996 ) R Goldberg, ‘Paying for Bad Blood: Rigorous Product Liability after the Hepatitis C Litigation’ ( 2002 ) 10Medical Law Reappraisal165 Lord Griffiths, P De Val A ; RJ Dormer, ‘Developments in English Product Liability Law: A Comparison with the American System’ ( 1988 ) 62Tulane Law Review353 A Grubb A ; D Pearl,Blood Testing, AIDS and DNA Profiling( Jordan and Sons, Bristol 1990 ) J HerringMedical Law and Ethical motives( 2neodymiumEdn, Oxford University Press, Oxford 2008 ) E Jackson,Medical Law: Text, Cases, and Materials( Oxford University Press, Oxford 2006 ) M Mildred, ‘Pitfalls in merchandise liability’ ( 2007 )Journal of Personal Injury Law, 141 P Shears ‘The EU Product Liability Directive – twenty old ages on’ ( 2007 )Journal of Business Law884 J StapletonMerchandise Liability( Butterworths, London 1994 ) J Stapleton, ‘Products Liability in the United Kingdom: The Myths of Reform’ ( 1999 ) 34TexasInternational Law Journal45 H Teff A ; C MunroThalidomide: The Legal Aftermath( Farnborough, Saxon House 1976 C Twigg-Flesner, ‘The Relationship Between Satisfactory Quality and Fitness for Purpose’ ( 2004 ) 63CambridgeLaw Journal22 Table of Cases A 5 National Blood Authority[ 2001 ] 3 All ER 289 Donoghue V Stevenson[ 1932 ] AC 562 Foster V Biosil( 2000 ) 59 MBLR 178 Pfizer Corporation v Minister of Health[ 1965 ] 2 WLR 387 Piper V JRI ( Manufacturing ) Ltd[ 2006 ] EWCA Civ 1344 Richardson V LRC Products Ltd[ 2000 ] PIQR P164 Worsely 5 Tambrands Ltd[ 2000 ] PIQR P95 1

Monday, November 25, 2019

Ground Sloths - A Survivor of the Megafaunal Extinction

Ground Sloths - A Survivor of the Megafaunal Extinction Giant ground sloth (Megatheriinae) is the common name for several species of large bodied mammals (megafauna) who evolved and lived exclusively on the American continents. The superorder Xenarthranswhich includes anteaters and armadillosemerged in Patagonia during the Oligocene (34-23 million years ago), then diversified and dispersed throughout South America. The first giant ground sloths appeared in South America at least as long ago as the late Miocene (Friasian, 23-5 mya), and by the Late Pliocene (Blancan, ca. 5.3-2.6 mya) arrived in North America. Most of the large forms died out during the late Pleistocene, although there is recently discovered evidence of ground sloth survival in central America as recently as 5,000 years ago. There are nine species (and up to 19 genera) of giant sloths known from four families: Megatheriidae (Megatheriinae); Mylodontidae (Mylodontinae and Scelidotheriinae), Nothrotheriidae, and Megalonychidae. Pre-Pleistocene remains are very sparse (except for Eremotheriaum eomigrans), but there are lots of fossils from the Pleistocene, especially Megatherium americanum in South America, and E. laurillardi in both South and North America. E. laurillardi was a large, intertropical species known as the Panamanian giant ground sloth, who may well have survived into the late Pleistocene. Life as a Ground Sloth Ground sloths were mostly herbivores. A study on over 500 preserved feces (coprolites) of the Shasta ground sloth (Nothrotheriops shastense) from Rampart Cave, Arizona (Hansen) indicate that they mainly dined on desert globemallow (Sphaeralcea ambigua) Nevada mormontea (Ephedra nevadensis) and saltbushes (Atriplex spp). A 2000 study (Hofreiter and colleagues) found that the diet of sloths living in and around Gypsum Cave in Nevada changed over time, from pine and mulberries around 28,000 cal BP, to capers and mustards at 20,000 years bp; and to saltbushes and other desert plants at 11,000 years bp, an indication of changing climate in the region. Ground sloths lived in a variety of ecosystem types, from treeless scrublands in Patagonia to wooded valleys in North Dakota, and it seems that they were fairly adaptive in their diets. Despite their adaptability, they almost certainly were killed off, as with other megafaunal extinctions, with the assistance of the first set of human colonists into the Americas. Ranking by Size Giant ground sloths are loosely categorized by size: small, medium and large. In some studies, the size of the various species seems to be continuous and overlapping, although some juvenile remains are definitely larger than the adult and subadult remains of the small group. Cartell and De Iuliis argue that the difference is size is evidence that some of the species were sexually dimorphic. Megatherium altiplanicum (small, femur length about 387.5 mm or 15 inches), and about 200 kilograms or 440 pounds per adult individuals) Megatherium sundti (medium, femur length about 530 mm, 20 in) Megatherium americanum (large, femur length between 570-780 mm, 22-31 in; and up to 3000 kg, 6600 lb per individual) All of the extinct continental genera were ground rather than arboreal, that is to say, lived outside of trees, although the only survivors are their small (4-8 kg, 8-16 lb) tree-dwelling descendants. Recent Survivals Most of the megafauna (mammals with bodies greater than 45 kg, or 100 lbs) in the Americas died out at the end of the Pleistocene after the retreat of the glaciers and about the time of the first human colonization of the Americas. However, evidence for ground sloth survival into the late Pleistocene has been found in a handful of archaeological sites, where research indicates that humans were preying on ground sloths. One of the very old sites thought by some scholars to be evidence of humans is the Chazumba II site in Oaxaca state, Mexico, dated between 23,000-27,000 calendar years BP [cal BP] (Vià ±as-Vallverdà º and colleagues). That site includes a possible cutmarkbutchery markon a giant sloth bone, as well as a few lithics such as retouched flakes, hammers, and anvils. Shasta ground sloth (Nothrotheriops shastense) dung has been found in several caves in the southwestern United States, dated to as late as 11,000-12,100 radiocarbon years before the present RCYBP. There are also similar survivals for other members of the Nothrotheriops species found in caves in Brazil, Argentina, and Chile; the youngest of those are 16,000-10,200 RCYBP. Solid Evidence for Human Consumption Evidence for human consumption of ground sloths exists at Campo Laborde, 9700-6750 RCYBP in the Talpaque Creek, Pampean region of Argentina (Messineo and Politis). This site includes an extensive bone bed, with over 100 individuals of M. americanum, and smaller numbers of glyptodons, panamanian hare (Dolichotis patagonum, vizcacha, peccary, fox, armadillo, bird, and camelid. Stone tools are relatively sparse at Campo Laborde, but they include a quartzite side-scraper and a bifacial projectile point, as well as flakes and micro-flakes. Several sloth bones have butchery marks, and the site is interpreted as a single event involving the butchery of a single giant ground sloth. In North Dakota in the central US, evidence shows that Megalonyx jeffersonii, Jeffersons ground sloth (first described by the U.S. President Thomas Jefferson and his physician friend Caspar Wistar in 1799), were still fairly widely distributed across the NA continent, from Old Crow Basin in Alaska to southern Mexico and from coast to coast, about 12,000 years RCYBP and just before most of the sloth extinction (Hoganson and McDonald). The most recent evidence for ground sloth survival is from the West Indian islands of Cuba and Hispaniola (Steadman and colleagues). Cueva Beruvides in Matanzas Province of Cuba held a humerus of the largest West Indies sloth, the Megalocnus rodens, dated between 7270 and 6010 cal BP; and the smaller form Parocnus brownii has been reported from the tar pit Las Breas de San Felipe in Cuba between 4,950-14,450 cal BP. Seven examples of Neocnus comes have been found in Haiti, dated between 5220-11,560 cal BP. Sources and Further Information Cartelle C, and De Iuliis G. 2006. Eremotherium Laurillardi (Lund) (Xenarthra, Megatheriidae), the Panamerican giant ground sloth: Taxonomic aspects of the ontogeny of skull and dentition. Journal of Systematic Palaeontology 4(2):199-209.Hansen RM. 1978. Shasta ground sloth food habits, Rampart Cave, Arizona. Paleobiology 4(3):302-319.Hofreiter M, Poinar HN, Spaulding WG, Bauer K, Martin PS, Possnert G, and Pbo S. 2000. A molecular analysis of ground sloth diet through the last glaciation. Molecular Ecology 9(12):1975-1984.Hoganson JW, and McDonald HG. 2007. First Report of Jeffersons Ground Sloth (Megalonyx jeffersonii) in North Dakota: Paleobiogeographical and Paleoecological Significance. Journal of Mammalogy 88(1):73-80.Iuliis GD, Pujos F, and Tito G. 2009. Systematic and Taxonomic Revision of the Pleistocene Ground Sloth Megatherium (Pseudomegatherium) Tarijense (Xenarthra: Megatheriidae). Journal of Vertebrate Paleontology 29(4):1244-1251.Messineo PG, and Politis GG. 2009. New Radiocarbon Dates from the Campo Laborde Site (Pampean Region, Argentina) Support the Holocene Survival of Giant Ground Sloth and Glyptodonts. Current Research in the Pleistocene 26:5-9. Pereira ICdS, Dantas MAT, and Ferreira RL. 2013. Record of the giant sloth Valgipes bucklandi (Lund, 1839) (Tardigrada, Scelidotheriinae) in Rio Grande do Norte state, Brazil, with notes on taphonomy and paleoecology. Journal of South American Earth Sciences 43:42-45.Steadman DW, Martin PS, MacPhee RDE, Jull AJT, McDonald HG, Woods CA, Iturralde-Vinent M, and Hodgins GWL. 2005. Asynchronous extinction of late Quaternary sloths on continents and islands. Proceedings of the National Academy of Sciences 102(33):11763-11768.Vià ±as-Vallverdà º R, Arroyo-Cabrales J, Rivera-Gonzlez II, Xosà © Pedro R-, Rubio-Mora A, Eudave-Eusebio IN, Solà ­s-Torres ÓR, and Ardelean CF. 2015. Recent archaeo-palaeontological findings from Barranca del Muerto site, Santiago Chazumba, Oaxaca, Mà ©xico. Quaternary International in press.

Friday, November 22, 2019

Inequality of Gender in Sports, Is it warranted Research Paper

Inequality of Gender in Sports, Is it warranted - Research Paper Example Rugby has a legacy of being a violent game, and feminine identities are thought to either subvert this notion (Fields, 2005) or use the violence as a mechanism of enhancing the femininity of the players (Gill, 2007). There are several reasons given within the literature for women enjoying playing such a traditionally masculine sport; one being subverting the traditional notions of femininity, another being that the participants enjoy being part of a game which requires extreme physical strengths. Further reasons include that it gives the women that participate a sense of empowerment and self-confidence. Further interviews suggest that these women simply enjoy the game of rugby and feel it appropriate to play a sport for which they have this affection, gender-roles ignored (Chu et al, 2003). Women participate in rugby for a number of reasons, and the growing interest in the sport helps to suggest that women do not have to resist traditional notions of femininity to be recognized as tr ue rugby players. The history of women’s rugby helps to give some idea of why the sport has developed such controversy. Firstly, the early evolution of the female game is shrouded in mystery, making it hard to define a ‘first female rugby team’ or any other definitive moments (Chandler & Nauright, 1999). Early female rugby players faced challenges about their desires to play such a violent and masculine game (Fields, 2005). One of the most major discrepancies between the female and male games of rugby are the salaries. Not only are there far fewer professional and semi-professional female rugby teams, but the players get paid a significantly lower amount (Chandler & Nauright, 1999). Whilst some female rugby players have suggested that they play simply for a love of the game (Chu et al, 2003), it has been suggested that females should

Wednesday, November 20, 2019

What is Confucius' concept of good government and the ideal state Essay

What is Confucius' concept of good government and the ideal state - Essay Example It mainly aimed at assisting leaders maintain local order, keep tradition, and maintaining a steady living standard for peasants. Those who adhered to this school got training in loyalty, traditional rituals, and generosity 1(Bell, 2008). In addition, the school taught respect for the old and superiors. Confucius honored the ancient ways of life, which he encouraged his students to master. For example, he urged them to read the Book of Documents as well as the Book of changes. His philosophy included embracing Chinese values, which included proper performance of traditional rituals 1(Bell, 2008). Confucius proposed that proper governance could be established by embracing virtue and benevolence. He emphasized that the leader had to be good; this way, people would follow what is right. Therefore, he taught that leaders should be excellent examples to the subjects to enhance the creating of a true empire. The Confucius concept advanced that all the posts in the government had to be 1based on righteousness and virtue. As a result, the ruled class, seeing their leaders as upright and benevolent, would also become upright. Therefore, this concept states that an ideal state should have leaders whose virtues can be emulated by those they rule. 2(Bell, 2008) In his book, Bell argues that the Confucius concept of good governance and the ideal state has three essential doctrines. The first doctrine of this concept is benevolence, which Confucius regarded as something people have to cultivate in themselves. Enlightened self interest plays a key role in approaching benevolence. For governance to succeed, leaders have to put themselves in the position of those they rule. State leaders should treat other people accordingly. To this concept, benevolence entails doing unto others what one would like them to do to him or herself. Thus, this concept places emphasis on the need for benevolence and treating

Monday, November 18, 2019

Spam Overview Essay Example | Topics and Well Written Essays - 2250 words

Spam Overview - Essay Example Spammers are not abe to prevent intermediary systems from adding these headers while the headers provide only minimal protection because a thorough examination of the "Received:" header will be required to identify the real source of the message. There are two popular techniques used by spammers to puzzle message recipients: using open relay sites (Yahoo! Anti-Spam Resource Center, 2004) to send messages and adding "Received:" headers of their own creation when sending a message. Open relay sites refer to servers that are generally allowed to be used by unknown computers in order to to send e-mail messages. Mail can be traced back to these relays, but it is unlikely that the relay operator will be able to identify the system that passed it the message. While servers that allow relaying are becoming less common as a result of the spam problem, they still exist and are well-known by spammers. These relay sites are often blacklisted, meaning that certain ISPs will not accept messages from them. While this is helpful, it has the effect of blocking not only spam, but also legitimate messages by other senders that may depend on the relay for mail transport. The second technique is the adding of bogus "Received:" headers. However, this technique is not so effective as the first one. The bogus headers usually contain errors, but are not able to prevent the addition of accurate "Received:" headers. This means that recipient can believe the header that the own server added (jupiter.solar.net in the example) and work back from one header to the next, identifying whether the server is one he trusts at each step. (Klensin, 1995) The message "id" can be utilized to authenticate the validity with the administrator at each intermediary. Ultimately, the false headers can... The problem of spam has grown intensively since the emergence of the Internet. During the period of 2001-2002, spam increased by 450 percent or 12.4 billion messages per day. Spam is considered to be highly challenging problem because it mostly contains pornographic advertisement or fraudulent, get-rich-quick schemes sent from a cautiously disguised source. Spam is also a computer security risk since it spreads computer viruses that then turn infected computers into spammers. The sending of spam results in a substantial shifting of costs from advertisers to ISPs and e-mail recipients. In 2003, spam is counted to have cost companies worldwide $20.5 billion. Spammers are able to send messages for minimal cost--the cost of their Internet access and mailing lists. The costs of relaying messages, storing them, and downloading them are borne by others. The extent of other forms of commercial advertising that occurs is limited by the cost of the advertising.

Saturday, November 16, 2019

Professional Ethical Responsibilities of Career Counsellor

Professional Ethical Responsibilities of Career Counsellor Goh Peng Hng Assessments are an integral part in Career Counseling. As responsible and trained counselor, what are the professional and ethical responsibilities in conducting an assessment for career counseling throughout the process of intervention? Assessment, as quoted in the American Counseling Association states it is â€Å"the process of collecting in-depth information about a person in order to develop a comprehensive plan that will guide the collaborative counseling and service provision process† ( â€Å"Code of Ethics, † 2014. p20). It is known that assessment is an essential component in the process of counseling. If a proper assessment is not carried out, it could prove detrimental to the counseling process. But what purposes does the assessment strive to achieve that makes it so important? First and foremost, assessment serves the purpose of gathering background information for taking further action. According to the American Counseling Association, assessment is primarily utilized for the purpose of attaining information for other purposes such as client decision making or treatment planning ( â€Å"Code of Ethics, † 2014. p11). Secondly, the information gathered from assessment helps the counsel or gain a greater understanding of the client, which in turn benefits the client. For example, during counseling sessions, counselors carry out their duty while considering the clients personal and cultural circumstances ( â€Å"Code of Ethics, † 2014. p11). This ensures the counseling provided is more effective for the client. Lastly, the well-being of individual is promoted through the usage of appropriate educational, mental health, psychological and career assessment carried out by competent and qualified counselors ( â€Å"Code of Ethics, † 2014. p11). In general, what this means is that assessment provides clarity and aid in the client in understanding themselves and figuring out the steps for the future. When assessing a client, there are various professional responsibilities involved. These responsibilities which are written in the code of ethics and are the general standards of any organization consisting of counselors and other healthcare professionals who administer assessments. One example of such a responsibility includes addressing to the clients about the assessment which is being administered, including the function, usage and results of the assessment. Additionally, the client also has the rights to information such as the people who will be able to acquire the results, how the results will be kept and distributed ( â€Å"Code of Professional Responsibilities, † 1995. p6). Security is also a professional responsibility of great importance for counselors. Counselors are required to take applicable and necessary steps prior to, throughout, and following the assessment ( â€Å"Code of Professional Responsibilities, † 1995. p6). The results of the assessment are t o be strictly kept under a watchful eye and safe in a secure environment. This is to ensure that there is no breach of sensitive information as the client is promised privacy and confidentiality. It is also a responsibility of a counselor to use standardized assessments, strictly following the rules and regulations and alert the client if there are any abnormal conditions that arise ( â€Å"Code of Professional Responsibilities, † 1995. p6 ).This guarantees that the results are valid and reliable and the success of the assessing procedure. Besides professional responsibilities, ethical responsibilities are also taken into consideration when assessing a client. According to the National Career Development Association (NCDA), there are a multitude of ethical responsibilities. One of the many that are shown is the respect of the clients confidentiality, or honoring the trust placed in the counselor. It is the counselors responsibility to gather solely information that pertains to the professional relationship between counselor and client during an assessment ( â€Å"Code of Ethics, † 2007. p10). This is the respect for the clients privacy, as asking any more could be due to the counselors curiosity. Which, however, would be unrelated to the assessment and thus, unethical. Another responsibility closely related to privacy is confidentiality. Although the two terms are similar, it is worth noting that they are not the same and have a great difference in the context of ethics. Respect for confidentiality is responsibi lity which means that counselors are strictly prohibited from sharing the results of their assessment or any other classified information without the informed consent of their client. The only exception is that if the counselor has any logical and appropriate legal or ethical reasons to justify the distribution of the information ( â€Å"Code of Ethics, † 2007. p10). Being fair is also a ethical responsibility of a counselor. What this means is that counselors have to be unbiased and neutral when treating all clients. Clients must be given standardized assessments and treated as unique individuals with human rights. This responsibility expects the counselor to have the capacity to be non-judgemental and recognize the exclusive identities of each and every individual ( â€Å"Ethical Framework, † 2010. p3). The British Association for Counseling and Psychotherapy (BACP) suggests that counselors have the ethical responsibility of assessing the client without meaning any s ort of harm to the client. Any harm to the client must be prevented be it sexual, financial, emotional or any other form of client exploitation. Included in this responsibility is also to be competent and all times and not providing services when the counselor is unfit to ensure that assessments are done correctly ( â€Å"Ethical Framework, † 2010. p3). This is a vital point as ignoring these guidelines is likely to cause inaccurate assessment results, which might harm the client as a result. Prior to assessment, there are responsibilities to be upheld by counselors. One of such is the maintenance of assessment security and integrity. This responsibility expects counselors to protect the assessment materials by preventing improper use and distribution. They should stored in a secure place that can be only accessed by the staff with authorization. The few people who are allowed to have access to qualified and competent counselors who can interpret the results in the proper manner ( â€Å"Administration Practices, † 2004. p7). Reproduction of test results is also strictly prohibited. Another of one of the standard responsibilities of the counselor administering the assessment is the selection of a testing environment before assessment ( â€Å"Administration Practices, † 2004. p7). This is due to the fact that if clients are comfortable in the testing environment, they will be able to answer the questions posed more accurately. Other than the location of the as sessment, the testing period for the client brings about a similar purpose. The time at which the assessment is scheduled to take place must a time where the client is able to function best ( â€Å"Administration Practices, † 2004. p7). Counselors must judge the clients readiness and willingness to participate in the assessment and may then begin after in the responsibilities to be portrayed before an assessment. Not only are there responsibilities prior to the assessment, there also various responsibilities to be taken note of during the process of assessment. One of the main responsibilities during the assessment is the observation of the client. This ensures that the client follows the instructions given and will thus be able to provide a more valid and reliable result. The client will also be able to alert the counselor if there is any problem that arises during the midst of the assessment. For example, if a client has difficulty understanding the directions given, the counselor would be present to explain it in a brief and concise ( â€Å"Administration Practices, † 2004. p10). This comes hand in hand with reading the instructions of the assessment material. As the assessment begins, it is the responsibility of the counselor to read the instructions as written on the material. This should be done in a â€Å"natural, deliberate tone of voice and manner† ( â€Å"Administrati on Practices, † 2004. p10). At the exact moment where the assessment ends, the counselor has to gather all of the materials used. This is vital as it affirms the security of the assessment ( â€Å"Administration Practices, † 2004. p11). Failing to do so may cause a breach of confidentiality which will in turn affect the relationship between client and counselor. Counselors are obligated to give information in the event that the whereabouts of the materials are unknown. Following the end of an assessment, responsible counselors should check the assessment material in detail. The answers provided should be clear and easy to be interpreted. For example, if there are faintly marked answers, counselor should darken it for clarity. The test must be confirmed to be completely finished and checked thoroughly before the documents can be interpreted ( â€Å"Administration Practices, † 2004. p11). One of the most important responsibilities is the security of the documents ( â€Å"Code of Professional Responsibilities, † 1995. p6). The client must have full knowledge of the safety of the results. The client must be able to make an informed decision regarding the release of the results. Lastly, it is the responsibility of the counselor to judge the clients readiness before disclosing the results to the client. If the client is not ready, the results are not supposed to be released under any circumstances. This is done in the best interests of the client and it is to ensure the results will not harm them if disclosed prematurely. Overall, it is clearly shown that the assessment is a complex and crucial part in the process of career counseling. There are a plethora of responsibilities to be upheld by the counselors during assessment, be it professional or ethical. The responsibilities discussed in this paper are based upon the standard codes of ethics and responsibilities created by renowned and recognized organizations. Following these responsibilities ensures that a counselor can accurately carry out an assessment and bring the margin of error to a bare minimum.

Wednesday, November 13, 2019

A Message of Hope in Love Medicine Essay -- Medicine College Admission

A Message of Hope in Love Medicine   Love Medicine, by Louis Eldridge attempts to confront the popular stereotypes of American Indians. The novel generally follows the history of a family of Chippewa Indians who live on and off a reservation. In a thoroughly humanist approach, Ms. Eldrige narrates each chapter in a different voice, and through extremely varied characters effectively shows the diversity of the Indians. This is an important aspect of the novel, as it demonstrates that there is no single stereotypical "Indian". The book begins with two scenes from a modern perspective, showing a turbulent family with fairly disturbing problems. Then the author flashes back to the lives of the Chippewa's family two generations earlier, and moves more or less chronologically to the present day. One of the major conflicts in the story is the reconciliation of the Native Americans to their cultural past, while still embracing the future. The words "Indian", American Indian, or Native American, all bring to mind stereotypes of a race of people with specific stigma attached to themselves in modern American culture. The word "Indian" can conjure up a multiplicity of images, from the barbaric, blood-thirsty savages straight out of a western movie, to the more romantic image of a noble, intelligent, and tribal people, living in harmony with nature. These extremes in the modern stereotyping of the American Indian and all of their various moderations are wrong for a very important reason: They are rooted in the past. The war between popular European culture and Indian culture was over practically before it had even begun. After the frontier closed around the turn of the century all that was left of untouched Indian culture ... ...ety. Lipsha then in his own words, "took an evil shortcut". He purchased frozen turkey's from a store and tried to have them blessed by Catholic priests. This represents the ways in which native Americans lean on the modern day conveniences of Western society. This not only makes their cultural power diminish, it turns the power completely back around on them. In Lipsha's case, the medicine killed his grandfather. The struggle of the native American people today, as illustrated in Love Medicine is one of cultural identity. The other problems of poverty, alcoholism, hate, and infidelity, are only symptoms of the "bad medicine", which is made easy by the omnipresence of Western culture. The message of Love Medicine is one of hope for a people who have everything in the world to despair about, who suffer from a sickness which only one medicine will heal.    A Message of Hope in Love Medicine Essay -- Medicine College Admission A Message of Hope in Love Medicine   Love Medicine, by Louis Eldridge attempts to confront the popular stereotypes of American Indians. The novel generally follows the history of a family of Chippewa Indians who live on and off a reservation. In a thoroughly humanist approach, Ms. Eldrige narrates each chapter in a different voice, and through extremely varied characters effectively shows the diversity of the Indians. This is an important aspect of the novel, as it demonstrates that there is no single stereotypical "Indian". The book begins with two scenes from a modern perspective, showing a turbulent family with fairly disturbing problems. Then the author flashes back to the lives of the Chippewa's family two generations earlier, and moves more or less chronologically to the present day. One of the major conflicts in the story is the reconciliation of the Native Americans to their cultural past, while still embracing the future. The words "Indian", American Indian, or Native American, all bring to mind stereotypes of a race of people with specific stigma attached to themselves in modern American culture. The word "Indian" can conjure up a multiplicity of images, from the barbaric, blood-thirsty savages straight out of a western movie, to the more romantic image of a noble, intelligent, and tribal people, living in harmony with nature. These extremes in the modern stereotyping of the American Indian and all of their various moderations are wrong for a very important reason: They are rooted in the past. The war between popular European culture and Indian culture was over practically before it had even begun. After the frontier closed around the turn of the century all that was left of untouched Indian culture ... ...ety. Lipsha then in his own words, "took an evil shortcut". He purchased frozen turkey's from a store and tried to have them blessed by Catholic priests. This represents the ways in which native Americans lean on the modern day conveniences of Western society. This not only makes their cultural power diminish, it turns the power completely back around on them. In Lipsha's case, the medicine killed his grandfather. The struggle of the native American people today, as illustrated in Love Medicine is one of cultural identity. The other problems of poverty, alcoholism, hate, and infidelity, are only symptoms of the "bad medicine", which is made easy by the omnipresence of Western culture. The message of Love Medicine is one of hope for a people who have everything in the world to despair about, who suffer from a sickness which only one medicine will heal.   

Monday, November 11, 2019

Crash, Boom, Bang

Crash, Boom, Bang Janie Bunce Abstract The movie â€Å"Crash† was voted the best movie of 2005 for good reason, it deals with subjects that others were probably afraid to tackle. As the name implies it starts with a car crash, but in doing so reveals only one of the metaphors used in the movie. Other metaphors used in the movie allow us to view the culture shock that many people see on a daily basis, especially when dealing with different ethnicities, religions and races.Los Angeles is shown in its true colors where people live in a fast paced city where more than the cars move at a faster pace. These characters speed through their lives without notice of other people around them. It is as if some of them have blinders on that only allow them to see what they want to see. Until they â€Å"crash† into one each other. Crash is the kind of movie that makes you think twice about your actions, asking yourself tough questions, not just of yourself, but of those that are aroun d you; could I have said that differently?Was I acting racist? Do I discriminate against those I do not understand? This is the sort of movie that has us looking deep into ourselves to do some much needed soul-searching. Crash, Boom, Bang Paul Haggis directed â€Å"Crash† with an idea that it not only exposes multi-social, but multicultural differences in order to give us a small window into a few of the interactions and how these interactions, good or bad, affect behaviors and lives, in a relatively small group of individuals.We are allowed to see how this group deals with situations that may be considered to be racially stereotyped and outright prejudiced. Voted the best movie of 2005, by the Academy Awards, â€Å"Crash† as the title implies starts with a crash, but that is only one metaphor for the culture shock that many people have when they ‘crash’ into people from different races, religions, and ethnicities. The city of Los Angeles is shown as a fas t paced place where everything from the people involved in the first interaction to very last gasp of the movie, move faster.The characters seem to speed through their lives, almost unaware and certainly most times without considering the connections and consequences of their daily actions. This is a candid film it clearly shows how a diverse group of individuals when pushed into one another’s lives can leave painful scars in their wake. When you watch Crash you begin to see just how much of what one feels, says, and does can impact so many others around them. There were those however that were shocked by the material covered in it.It can be denied as much as anyone wants to deny it, but the movie is meant to be racist. It was made to make us think about our actions before we open our mouths and insert a foot into it. Some of the aspects in this movie are intended to remind us that no matter how we would like to think that America is a post-discrimination country, the sad tru th is that discrimination and prejudice are far from gone in America. Although this movie opened in 2005, we still have the same problems today.Young Black men are still being stereotyped, as are those of Islam and Latino heritage. Prejudice and discrimination are but two subjects that are covered in this movie. We see from the social stereotyping to the outright racism how painful it must have been for the actors to reach down into themselves and find the emotion needed to do their scenes and do them well enough to make us believe that they were real. Paul Haggis, allows us to see the different layers of the characters as if peeling an onion.Many of us may have pre-assumptions about people from different cultures and how we interact with those people, often under stressful situations. The movie for me was a re-affirmation that all people must be treated with respect at all times. After all it is not their fault that you may be having a bad day, or vice versa. Crash had and has the ability to draw large audiences of different ethnicities, bring them together in one room without fear of arguments. This is partly due to the undercurrents of unacknowledged racism that occurs in American life on an everyday basis.It is the kind of movie that can lead to some soul-searching from its lingering emotional potency. It remains one of the best movies I have even seen. I have always believed that the two most powerful characters in the movie are portrayed by Matt Dillon (Officer John Ryan) and Ryan Phillippe (Officer Tom Hansen). Officer Ryan is not only jaded and abusive, but a racist as well, this is later shown to be because of an ordinance passed by the city of Los Angeles. Officer John Ryan's father loses his business, because most of his employees were working minorities.From that one action we can determine the reason why John becomes a racist individual. This may also be the reason he blames minorities for the closure of his father’s business, thus influenc ing him to mistreat people of other races. This comes to light as Officers Ryan and Hansen pull over a vehicle that is only vaguely similar to the carjacked vehicle that the police are looking for. Officer Ryan mistakenly believes that it is a mixed couple, with the beautiful woman being white; he soon learns that the beautiful woman is in fact a light skinned black woman.The young couple in the vehicle can only wonder what is happening as they see the lights flashing signaling them to pull over. Their confusion turns to fear as Officer Ryan begins to harass them. Instead of speaking up and doing the right thing, Officer Tom Hansen looks on, says nothing to stop it and becomes more dismayed by his partner’s actions by the minute. Officer Ryan, realizing he is in control and that no one is going to stop him; he begins to enjoy his power trip as he roughly handles the slightly tipsy woman.As things progress he does almost everything to Mrs. Thayer except have sex with her as he checks her for weapons as her angered husband can only stand by and watch. Mrs. Thayer’s eyes beg her husband to do something, she sees the anger in his eyes but she also sees fear in his eyes as well. He feels helpless as he sees the fear in hers. These are two white men, two white police men that are in control, however badly, of the situation. He understands the consequences if he makes a move to assist his wife, at best he could be arrested, at worst killed.Another powerful example of poor judgment on Officer Ryan’s part is to never get into a relationship at work is shown when Officer Ryan goes to see Shaniqua Johnson in her office, and has an ulterior motive for seeing her, he wants to enter into a relationship but only to help himself and to possibly get a favor or two later on down the line. From what we have seen so far, we can safely say that Officer Ryan is used to getting his way, becoming angry when he does not, and having his way when it comes to the hav ing the balance of power.However, here we find Officer Ryan in a predicament where, a powerful woman, a powerful black woman, has the upper hand over Officer Ryan. He knows she welds the power as well as she knows who is in control of this situation. She likes being able to give orders and withhold what she knows he wants. It is her choice to make and he does not like it, he can see in her eyes and hear in her tone that this is a futile situation. When she tells him that she will not be able to help his father, he begins his other strategy.Pleading his father’s case and outlining what her actions might cost her in the end; she takes him by surprise and throws him out of her office without helping him. The last time we see Mrs. Thayer she is upside down in a car, having just had an accident and has found herself to be trapped in a vehicle that if she cannot get out of is going to explode and more than likely kill her. Officer Ryan comes upon the accident and calls in for help; meantime he has to get this woman out of the car. Mrs. Thayer recognizes him but the recognition is not mutual. Why this man? She wonders.Is he here just to molest me again? Will he even try to help me out or will he only taunt me as I die? As she begins to weigh the costs and possible benefits of this exchange and what is about to happen she is at once adamantly opposed, and rightly so, to being rescued by a person who, twenty-four hours earlier, had molested her smiling as he did it in from of her husband and not caring who he is as long as he helps her get out of that car. As we look further into this we can see that at first Ryan does not immediately understand why she is so reluctant for him to help her.Slowly recognition kicks in as he recognizes the woman. He does his best to calmly reassure her that he is here to help her that he is the only one here to help her, and the he will not harm her. Again he reassures her that he is only there to help save her and he does finally pull her from the wreckage. We then see as he holds her gently as he calms her that he is not entirely a bad man and that it is possible that his frustrations over not being able to help his father overcame him and turned him into a racist at least up until this point in his life.The most powerful scene that I felt was shown, happened between Officer Hansen and Peter Waters, for me it clearly showed that the balance of power was ambiguous for them both. In this scene we see Officer Hansen, a cop, although an off duty cop, and he feels he holds the balance of power. However Peter Waters does not know that the man he is speaking to is an officer of the law. He believes that he has been picked up by a regular Joe, not a member of the LAPD. It is made clear that Officer Hansen has sized up Peter and made his own observations based on the manner of dress or lack thereof considering the current weather conditions.Officer Hansen’s assessment allows him to correctly assume that this man was up to no good. However, what Officer Hansen does not correctly assess is that Peter is of no threat to his safety. Thinking that he is about to be threatened affects Officer Hansen’s judgment and he mistakenly assumes that Peter is pulling a gun, a tragic mistake that will affect Tom Hansen for the rest of his life. The action also affects Peter’s family as well, they have lost him forever and, in doing so the effect was that Peter, unarmed, was shot and killed.Officer Hansen’s decision was to shoot. But, why would he do that? Police officers are trained to observe minute situations, determine from those observations what their actions and reactions should be. Tom felt that this guy was a bad guy from his observations. If Peter Waters had been pulling a gun out of his pocket, as Officer Hansen mistakenly assumed, then he would definitely benefit the most by acting first. The cost of not acting first could mean death, or at the very least being injured.Re gardless, of the outcome, Officer Hansen correctly identified Peter as a criminal, but his misinterpretation of the situation cost him everything. Although the movie does not tell us what eventually happens to Officer Hansen, we can use our imagination, and assume that his life would have been be changed forever. References: http://academic. udayton. edu/race/01race/whiteness19. htm Crash, DVD, Catalog #17938, Lions Gate Entertainment, 2004, ApolloProScreen GmbH ; Co. http://www. crashfilm. com/ http://en. wikipedia. org/wiki/Crash_(2004_film) http://www. imdb. com/title/tt0375679/fullcredits#cast

Saturday, November 9, 2019

Free Essays on The Last Of The Mohicans

The Last of the Mohicans, by James Fenimore Cooper, is a tale of the 18th century frontier during the French and Indian War and how the different cultures of the English, French, Indians, and colonists collided. The story centers on the last two people of a once great tribe, the Mohicans, and their adopted white son and brother. Hawkeye, the white adopted son of Chingachgook, and his brother Uncas, tried to desperately avoid joining the increasingly brutal French and Indian War. However they were all forced to act when Indian allies to the French attacked two innocent daughters, Cora and Alice Munro, and their party while traveling to reach their father, a British colonel in command at Fort William Henry. Upon their arrival, the British army is found in desperate need of reinforcements. Hawkeye and his companions did what they could, but the English reinforcements never came, forcing the British to surrender the battle to the French. The French decided to let the English army go back to England and have their lives spared; however on their journey back home Magua and his Indian army attacked. Magua in his hate toward the â€Å"gray hair,† who killed his family, murdered Colonel Munro. And promised to wipe his seed off the earth forever by killing his daughters. Alice and Cora escaped however along wi th Duncan, Hawkeye and the others. They did not get far before Magua caught up with them and captured Alice, Cora, and Duncan. Magua took them to the Mohawk wise man, to show his leadership and to sacrifice them for his victory. Hawkeye, Uncas and Chingachgook were hot on his trail, and Hawkeye went to plead with the wise man for their lives, he granted and set Hawkeye and Duncan free, gave Alice for Magua’s wife and Cora was to be sacrificed for Magua’s suffering. However Duncan told them to take him for a sacrifice instead of Cora. Uncas fought Magua until the death for Alice. From a distance Chingachgook saw the whole thing unfold... Free Essays on The Last Of The Mohicans Free Essays on The Last Of The Mohicans The Last of the Mohicans, by James Fenimore Cooper, is a tale of the 18th century frontier during the French and Indian War and how the different cultures of the English, French, Indians, and colonists collided. The story centers on the last two people of a once great tribe, the Mohicans, and their adopted white son and brother. Hawkeye, the white adopted son of Chingachgook, and his brother Uncas, tried to desperately avoid joining the increasingly brutal French and Indian War. However they were all forced to act when Indian allies to the French attacked two innocent daughters, Cora and Alice Munro, and their party while traveling to reach their father, a British colonel in command at Fort William Henry. Upon their arrival, the British army is found in desperate need of reinforcements. Hawkeye and his companions did what they could, but the English reinforcements never came, forcing the British to surrender the battle to the French. The French decided to let the English army go back to England and have their lives spared; however on their journey back home Magua and his Indian army attacked. Magua in his hate toward the â€Å"gray hair,† who killed his family, murdered Colonel Munro. And promised to wipe his seed off the earth forever by killing his daughters. Alice and Cora escaped however along wi th Duncan, Hawkeye and the others. They did not get far before Magua caught up with them and captured Alice, Cora, and Duncan. Magua took them to the Mohawk wise man, to show his leadership and to sacrifice them for his victory. Hawkeye, Uncas and Chingachgook were hot on his trail, and Hawkeye went to plead with the wise man for their lives, he granted and set Hawkeye and Duncan free, gave Alice for Magua’s wife and Cora was to be sacrificed for Magua’s suffering. However Duncan told them to take him for a sacrifice instead of Cora. Uncas fought Magua until the death for Alice. From a distance Chingachgook saw the whole thing unfold...

Wednesday, November 6, 2019

Environmental Regulations not cheap essays

Environmental Regulations not cheap essays In Shankar Guptas article, "Environmental Regulations not Cheap," he argues that further action taken by environmentalist causes, burden business activity, family incomes, developing countries, and also that there is no feasible way to enforce global laws to protect the environment. Well, I agree with those statements, and I believe that there is truth to what he is saying. However, I simply view the matter differently than Mr. Gupta. I believe that the opportunity costs you give up now to protect the environment, are well worth the reward of having future resources, and a healthy environment in which to live. I was taken back by how little the government spends on the environment, considering our GDP, and I do not believe that 263 billion dollars in projected costs to American business for the environment is the issue that has most importance. Since Mr. Gupta is concerned about the future of the parties affected by environmental regulation, it is important to think of the future itself. To think of environmental regulations as hindering business is a very backwards way of viewing the world for the existence of human-kind in the long run. I myself, view the activities of businesses as jeopardizing the environment, not the other way around. It is obvious in our country that businesses are profiting very well, our economy continually grows stronger, and it is the environment that is deteriorating. I am not attacking the motive to profit, or our system of operating, but I do not understand why people do not just know they are out of line when they see the effects in the rivers, oceans, and a ir. Simple regulation would seem to me as the very least that could be expected from the government, representing the people who have to breath, and use our water sources. It may be true that externalities affect third parties with lowered salaries to workers, and raised prices to consumers, but its a question o ...

Monday, November 4, 2019

Exam questions Essay Example | Topics and Well Written Essays - 750 words

Exam questions - Essay Example Futures contracts can be transferred between parties. Futures have advantages similar to those mentioned for forwards. Currency Options involves a contract for a fee (premium + commission), sold by one party to another that provides the buyer the right, although not the obligation, to purchase or sell a specified amount of a single currency for a given amount in another at an agreed-on price within a given period of time or on an exact date. Its advantage is that it protect against downside risk in addition to allowing upside appreciation. Currency Swaps on the other hand is an agreement by two corporations to exchange specified amounts of currency currently and to reverse the exchange at a given point in the future. A currency swap might not incorporate an initial exchange, in which instance it would incorporate one or multiple payments during the swap’s life in addition to a final exchange. This option helps in minimizing the costs of foreign conversion while client is secur ed against exchange rate risk. Additionally, it costs nothing to enter into a swap. Back-to-Back Loans is a form of loan where two corporations in different nations borrow offsetting amounts in individual’s currency. The aim of this transaction is to hedge against fluctuations in the currencies. It key benefit is that it allows one to gain from approved spot limits. A Non-deliverable forward contract is a form of agreement between parties where one (an individual) is protected against undesirable rates in foreign exchange. Generally, it is a cash settled transaction and as such there are no real exchange of currencies at maturity. Essentially, a net payment is made by one of the parties to the other on basis of the contracted rate alongside the market rate at the day of settlement. It effectively involves hedging of expected foreign currency cash flows. Simply put, a contract rate is agreed up-front, alongside the fixing rate (and the corresponding fixing date). The contract rate is made use of in calculation of the amount payable on the nominated date of maturity. It is important to mention that an NDF may is useful in management of currency risks related to exportation and importation of goods, foreign currency purchase, conversion of foreign currency denominated dividends, or in settlement of other foreign currency contractual agreements. It is more particularly useful in instances where physical exchange is not necessary on the maturity date or in instances where a foreign central bank puts some limit to offshore access to its local cash niche. It should be put into use in instances where one has a genuine commercial necessity to manage currency risks linked to a particular pair of currency. Q2: The strike price of an equity option in popular plc is 380p and the premium was 24p per share. The current market price of a share in the company is 410p. The exercise date is still over one month away. Calculate the profit or loss on one contract to date fo r: A long call A long put A short call A short put If the market price of shares in popular rose explains how, and why, the premium would alter as a result for: i) a long call The profit made by the trader will increase. This is due to the fact

Saturday, November 2, 2019

Insurance Essay Example | Topics and Well Written Essays - 1500 words - 2

Insurance - Essay Example The insurance schemes using telematics technology has several advantages while at the same time it ails from certain disadvantages. One of the main advantages of telematics insurance is that it can constantly remind the driver of how fast he or she is driving the vehicle. Thus, when a person drives the vehicle beyond the safe speed limit, it works as an automatic check on dangerous habits. Thus, the younger generations who tend to embark on dangerous driving habits will b encouraged to adopt safe driving practices through this system of insurance. Since the insurance company collects the premium based on the driving behaviour of student drivers, telematics will inculcate in them the habit of safe driving. It also offers a no claim-discount for the first five years and, therefore, it can reduce the risk of accidents in the case of young student drivers, who otherwise tend to drive recklessly. This in turn will also help the students to get a low insurance premium, which can be an attractive proposition for them. On the expiry of the insurance coverage reimbursement is made for the unused miles, and this enables t he students to save the amount from their first premium deposit. Telematics technology helps the insurer also to advise young student drivers when they meet with any road accident. Since the technology tracks driving behaviour, it allows them to claim damage from the insurer, provided there is no fault in their part. Some insurers such as â€Å"Insure the Box† provide a â€Å"bonus of 100 mile per month† to young student drivers if they drive safely (Avery, 2011). â€Å"As per ABI news release on 5th march 2013† a reduction in car insurance premium for young drivers of up to 20% is expected, if the government takes action for maintaining a complete risk free driving on roads by the young students (ABI News Release, 2013). The European Court of Justice (ECJ) has announced recently that it will prohibit insurance companies which tax more premiums