Wednesday, October 30, 2019

Sexual Harassment Research Paper Example | Topics and Well Written Essays - 1250 words

Sexual Harassment - Research Paper Example Some of the examples of sexual harassment can be regarded as the creation of the working conditions or that of a learning atmosphere by recurring written, verbal, physical and visual contacts connected with the sexual implications. The written forms may include that of â€Å"obscene letters, notes, invitations and the verbal forms may include that of derogatory comments and slurs, jokes, epithets and that of the physical form may include that of assault, unwelcome touching, impeding or that of blocking movements† (Definition of Sexual Harassment, 2012). The visual forms may include leering, gestures and display of sexually offensive objects like that of objects, pictures, cartoons as well as posters and so on (Definition of Sexual Harassment, 2012). Sex discrimination Vs gender discrimination The phenomenon of sex discrimination is depended on the discrimination that is solely attributable to sex which can be stated as discrimination on the basis of being a male or a female. T he phenomenon of gender discrimination is embedded within the perceptions of gender, gender stereotyping as well as gender biases (Sex Discrimination and Sexual Harassment, 2012). ... There is a very common saying that, â€Å"You scratch my back and I'll scratch yours† (Quid pro quo, 2012). An instance of this form of sexual harassment can be stated as if a teacher or any school employee states that grades of a student will be based on submission of unwelcome sexual conduct and this abuse of authority is illegal regardless whether the individual refuses sexual demands or submits to them (Sexual Harassment, 2012). Hostile environment sexual harassment Unwelcome sexual advances, requests for sexual favors as well as other verbal or physical conduct of sexual nature falls within the purview of hostile environment. A hostile environment with respect to sexual harassment generates when the conducts stated above purposefully affect or interfere with the work or academic performance of an individual leading to the establishment of an offensive environment. A hostile environment also generate when these unwelcome sexual conduct reaches its severity adversely affect ing the person’s ability in participating or benefiting from employment or of an education program or activity diminishes or is at the point of immense threat (Sexual Harassment & Discrimination Based on Gender,2012). Examples of creating hostile environment related to sexual harassment can be given as leering i.e staring in a sexually suggestive manner, making offensive remarks related to looks, clothing body parts, making cheap jokes and so on. Factors contributing to an incident as sexual harassment The conducts which are deemed to be sexually harassing can be said to be involving a pattern of offensive behavior. However it can be stated that a single incident may constitute sexually harassing behavior which depends on

Monday, October 28, 2019

My Summer Vacation Essay Example for Free

My Summer Vacation Essay The dream summer vacation of every person only comes once in a lifetime. In the summer of 2014 i had just completed my first year of college and my parents wanted to take me some where Ill always remember for my profound work. I had no clue of what their intentions were or what to even expect from them. My parents had invited just about all of our closes relatives and family friends to come along and celebrate the occasion with us. Majority of those that came brought gifts and money to encourage me to do well. Of course this made me the most thrilled person in the world, because I not only had family and friends over to celebrate but they also spent the night over for the trip my parents had put together to take us on. The following morning my Father woke everyone up at 2oclock in the morning to get situated and hit the road for the airport by 3oclock. How ironic they had everything planned out from the bathroom time to the seating in the vehicles. But yet each and every time I pampered the question in their heads as to where we were going they never answered me. Anxious to know I was, so i began thinking of all the possibilities of the places theyd consider going. I began to get drowsy from how early I woke up and all the curiosity running through my veins. After getting to the airport at 4oclock our flight finally left at 6:45am and we arrived at our destination into Fort Lauderdale, Florida. We collected our bags and was on our journey once again this time it had felt as if we had been driving forever. I had woken up to screams and shouting from almost everyone around me, yet I still had no clue as to what was going on. As my dad was trying to find a parking spot I started to look out the window in search of any clues that could help me figure out where exactly we were. Once we pasted the entrance my eyes blew up when I saw the words Carnival Cruise Lines. After seeing all the commercials with all the festivities that occur, all the famous people that appear in person, the amazing games and family activities, the theatre and food that was on board, this was indeed the place I would give the world to go to. When asked by my parents how I liked my gift, I became lost for words and could only smile for how happy and filed with joy I was.

Saturday, October 26, 2019

Emotional Intelligence by Daniel Goleman Essay -- Daniel Goleman Intel

Emotional Intelligence by Daniel Goleman   Ã‚  Ã‚  Ã‚  Ã‚  In the book Emotional Intelligence by Daniel Goleman, the central thesis that he tries to point out is that emotional intelligence may be more important than I.Q. in determining a person’s well being and success in life. At first I didn’t know what Goleman was talking about when he said emotional intelligence, but after reading the book I have to say that I agree completely with Goleman. One reason for my acceptance of Goleman's theory is that academic intelligence has little to do with emotional life. To me, emotions can be just as intelligent as your I.Q. In this essay I hope to provide sufficient evidence to show why I agree with Goleman’s thesis on emotional intelligence.   Ã‚  Ã‚  Ã‚  Ã‚  The first topic that I want to touch on is the idea of academic intelligence having little to do with emotional life. Goleman states that, â€Å"Emotional intelligence is the ability to motivate oneself, persist in the face of frustrations, regulate one’s moods and keep distress from swamping the ability to think.† I feel that academic intelligence gives you no preparation for the turmoil and opportunities that life brings. The funny thing is that our schools and our culture are still fixated on our academic abilities. Even though emotional intelligence is a new concept, the information that does exist suggests it can be as powerful as I.Q. Instead, we should acknowledge emotional intelligence as a set of traits that can matter immensely on our person...

Thursday, October 24, 2019

bill cosby :: essays research papers

Bill Cosby   Ã‚  Ã‚  Ã‚  Ã‚  Bill Cosby was born in Germantown, Pennsylvania on July 12, 1937 as William Henry Cosby, Jr. In the 1950’s, Bill Cosby dropped out of high school to join the Navy. He did attend college on a football scholarship at Temple University years later. He also completed his doctorate in education at the University of Massachusetts during the 1970‘s.   Ã‚  Ã‚  Ã‚  Ã‚  In 1965, Bill Cosby married his wife, Camille Hanks. They have celebrated 35 years of marriage, and this year will make 36 years. They had five children: Erika, Erinn, Ens, Evin, and Ennis (who was tragically killed in January of 1997).   Ã‚  Ã‚  Ã‚  Ã‚  Today Bill Cosby is one of the richest entertainers in America. His wealth is estimated at about $325 million. Bill Cosby started perform stand-up comedy routines during the 1960s in night clubs. In 1965-1968, Bill Cosby co-stared with Robert Cult in a adventure series called I Spy. He earned 3 Emmy Awards for his performance in I Spy. His success at that time was a true breakthrough for black people.   Ã‚  Ã‚  Ã‚  Ã‚  Bill Cosby has always provided the world with fresh, clean, family comedy. His comedy albums often received Grammy honors. In the 1980’s, Bill Cosby had the nation’s top-rated TV series, The Cosby Show. The books he has written on the subject 2 the humor in just plain everyday life, starting with the book he entitled, Fatherhood, were successful best-sellers.   Ã‚  Ã‚  Ã‚  Ã‚  Bill Cosby has a starred in a long list of funny movies. His recent television series, Cosby, has not been very successful. His movie, Leonard Part 6, was a big disappointment, also. Bill Cosby continues to work hard to entertain us with quality humor. He has more successful shows to his credit than disappointments.

Wednesday, October 23, 2019

An Exploration Of The Traditional Customs Union Theory And The Static And Dynamic Effects Of Economic Integration

Introduction The benefits gained from regional integration are widely documented in literature and have been known since the time of classical economists (Oslington, 2013). Regional integration has become the subject of great interest due to the perceived benefits of preferential trade arrangements such as customs union, free trade area, and common market among many others.This paper will focus explicitly on customs unions, exploring the traditional customs union theory introduced by prof. Jacob Viner. The paper starts by defining customs union and then examines Viner’s framework of trade creation and trade-diversion effects. It is important to first define customs union and introduce the theory of customs union. In general, tariff systems often tend to discriminate either between commodities or between countries. Commodity discrimination occurs where different commodities are subjected to different rates of duty whereas country discrimination occurs where different countries are subjected to different rates of duty on the same commodity (Lipsey, 1960). The theory of customs union is defined by the latter part which involves geographical discrimination by imposition of external tariffs to imports from non-member states. As defined by (Clausing, 2000), a customs union is a form of preferential trade arrangement that involves a tariff-free market access between member countries while imports from non-member countries are subjected to a common external tariff. Customs union have for a long time formed the basis for regional integration. This has primarily been driven by the perceived trade benefits for having such trade agreements between member countries. Some of the best-known customs unions include the Benelux formed by Belgium, Luxembourg and Netherlands; Zollverein which was formed by German states; and the EEC which was established by several states including France, Belgium and Italy, and is now widely recognized as the EU (Strielkowski, 2013). Other examples of customs unions are the Mercosur and the Andean Community (Hannam, 2014). Viner’s framework of trade creation and trade-diversion effects. Any useful literature exploring the welfare effects of custom union formation must commence with the appreciation of the traditional Vinerian orthodoxy which is based on two important considerations: trade creation and trade diversion effects. The Vinerian orthodoxy has been the driving force behind the huge volume of literature exploring the welfare effects of economic integration. For a long time, the perceived trade gains of customs unions had provided the rationale for regional integration (Jovanovic, 1998). Such regional agreements were viewed as good in terms of the welfare benefits. However, following the work of Viner Jacob, this proposition turned out to be incorrect. Using the concepts of trade creation and trade diversion, Jacob Viner argued that regional trade agreements did not necessarily result trade gains in spite of elimination of trade barriers (Ambrego & Riezman 2003; Lipsey 2006). Suppose that two countries A and B agree to form a customs union with country C remaining outside the union. If prior to the formation of customs union, country A was importing from country C which is a low cost producer. With the union formed, A chooses to import from country B which is a high cost producer. In this case, the welfare is lowered despite the benefits of a tariff-free market as trade is diverted from a low cost producer to a high cost producer (Ambrego & Riezman 2003; Lipsey 2006). However, if a union was formed between A and C, then trade will be created and the welfare will increase. Using these static concepts, Professor Viner concluded that such regional agreements can only be beneficial to partner countries if it leads to trade in commodities which were not previously traded (trade creation) (Corden, 1972). Whereas if the union was trade diverting by shifting locus of production from low-cost third country to higher-cost partner country, then the effects are most likely to be detrimental for both partner countries and the rest of the world as well (Chipman, 1998 & Lipsey, 2006). Since the publication of his seminal work in 1950, many economists have been interested in pursuing the impact of these two effects on world welfare. His work has been the driving force behind later subsequent literature examining the impact of regional trade agreements on welfare. Subsequent empirical work Much of the empirical literature on customs union formation has been motivated by the work of Viner (1950). Prior to Vinerian orthodoxy, it had been customary to recognize customs union as always increasing welfare. The classical economic theory behind the formation customs union was the presumption that higher degree of economic integration was beneficial (Jonavonic 1998). Customs union formation was viewed as a step closer to free trade liberalization hence was seen as increasing world welfare. Viner’s seminal contributions proved this argument to be incorrect. However, Viner’s seminal contributions were challenged by Meade (1955) on grounds that the orthodoxy overlooked some of the benefits resulting in trade-diverting unions such as the benefits arising from substitution in consumption (Chipman, 1998). Lipsey (1957) and Gehrels (1956) criticized the Viner’s work over the same issue. These authors argued that preference considerations had to be taken into account when making determinations of the welfare gains and losses (Chipman, 1998). Dissatisfaction with the Vinerian orthodoxy led to the development of other approaches that yielded clear propositions including the general theory of the second best and the terms of trade-volume approach. It is important to note that the traditional Vinerian orthodoxy was based on two simplifying assumptions: Constant costs of production (Nicholls, 1993) Fixed proportions in consumptions (Nicholls, 1993). Meade (1956), Lipsey (1957) and Gehrels (1956) extended Viner’s basic model by relaxing the assumption of zero price elasticity’s of demand (Lee, 1978: p.248). This allowed for the determination of welfare effects with consideration of the changes in composition of consumption. Kemp (1969), Michaely (1965) and Vanek (1965) relaxed the assumption of constant costs. What is missing from traditional customs union theory? Besides these limitations, the traditional Vinerian orthodoxy seem to be missing important dynamic aspects which are crucial in determination of the welfare effect. The traditional customs union theory seems to concentrate more on trade creation and trade diversion effects that are likely to be trivial, ignoring those that are crucial in determining the net gains/losses from integration. Pro-competitive effect One particular aspect missing is the pro-competitive effect. For example, many small countries will tend to have a few large firms that may collude and raise prices at the expense of consumers. Forming customs union and ensuring a tariff free market will increase the degree of competition and force domestic firms to price more in line with marginal cost (Jovanovic, 1998). This pro-competitive effect will encourage them to reduce inefficiency and force them to price in line with marginal costs, thereby leading reducing the prices to consumers. This pro-competitive effect make it increasingly difficult for these firms to charge margins in excess of marginal costs (Josic & Josic, 2013) In this regard, Baldwin & Venables (1995) emphasize the importance of pro-competitive effect and even suggest that regional integration amplifies the pro-competitive effect compared to global integration. Formation of customs union create a large market and subjects producers to new forms of competition. Increase in competition forces the firms to be reduce the levels of x-inefficiency and to price in line with marginal cost in order to gain a new market share. Economies of scale Another criticism of the traditional customs union theory lies in its failure to allow for economies of scale (Corden, 1972). Viner’s analysis fails to incorporate the effect of economies of scale. It is a fact that regional integration leads to the formation of larger markets which allows firms to exploit greater economies of scale. Customs union formation will therefore lead to the exploitation of greater economies of scale, thereby driving down the costs. With the tariff barriers removed, nationally-scaled firms may benefit greater economies of scale from the larger single market created (Cakmak & Yilmaz, 2008). Economies of scale will allow these union producers to achieve an optimum scale of production, increase their efficiencies and decrease the average production costs as well as the prices to consumers (Ginsberg, 2010: 95) Technology spill overs Yet another aspect missing in the traditional customs union theory are the larger effects of technological advances. The productivity and innovative abilities of nationally scaled firms may further be enhanced by technology spillovers (Cakmak & Yilmaz, 2008). Research and development programs may help in improving technological innovations. There is a greater potential for technological innovation where such unions exist. Accumulation or growth effects Furthermore, given that integration leads to increased efficiency, it is also more likely to induce greater investment. This additional investment may lead to medium-term growth effect in some countries and can even improve long-run growth rates where the additional investment is associated with faster technical progress (Josie & Josie, 2013). From an investment perspective, foreign direct investment will be particularly important in boosting domestic growth. Arguments for and agents removing all tariffs Indeed there appears to be a number of justifiable reasons for customs union formation. A member country’s welfare as well as the world’s welfare can be raised if tariffs are reduced under such customs unions. However, the greatest benefits would be achieved by complete removal of the tariffs compared to mere reduction of these tariffs. The removal of all trade barriers will without doubt yield significant benefits in terms of reducing monopoly power, improving terms of trade, increasing efficiency, and improving technological innovations through technology spill-overs among many others. In fact, customs union theory fails to justify or rather explain the need for customs union formation since complete removal of all trade barriers could have all the benefits without incurring potential losses associated with joining customs unions (Jovanovic, 1998). The welfare of a member country is less likely to be raised by a mere reduction in tariffs compared to complete removal. A free trade agreement would therefore tend to have more welfare benefits than a customs union since trade creation is merely dependent on removal of tariff barriers (Clausing, 2000). However, Krueger (1997) points out that free trade agreements may not necessarily yield greater benefits than a customs union and even argues that it can generate additional welfare costs which would otherwise not have been incurred under a customs union. In fact, Krueger (1997) argues that a customs union will always remain superior to a free trade agreement. This points to the need for further analysis of the benefits and costs associated with Free trade agreements and customs unions formation. Conclusion Based on this analysis, this paper concludes that the static concepts of trade creation and diversion cannot appropriately measure the welfare effects of regional integration. Even though Viner seminal contributions points out that consumer welfare may increase due to tariff reductions while welfare cost may accrue from tariff discrimination of customs union, these static effects are trivial when considering the welfare effects of integration. The traditional customs union theory seem to ignore dynamic effects that are crucial in determining the net gains/losses from integration such as the pro-competitive effect, growth effect, economies of scale, and reduction of x-inefficiencies and monopoly power among many others A prime example can be seen with the European Union, a single market that has had important consequences both within and outside Europe. Following the EU’s single market program, there is now a greater awareness of the importance of formation of customs union and of the value of removing tariff barriers. The EU is not only the largest single importer and exporter, but is also the world’s largest and richest economic entity (Ginsberg, 2010: p.96). The gains associated with joining the union far outweigh the economic risks/costs. The EU is currently planning to expand its reach other European nations. Preferential trading agreements seem to be growing more rapidly, both in size and number. Reference Akkoyunlu-Wigley, A., 2006. â€Å"Effects of customs union with European Union on the market structure and pricing behaviour of Turkish manufacturing industry†. Applied Economics, vol.38 (20). Ambrego, L. and Riezman, R., 2003. Computation and the theory of customs unions. Ontario, Universities of Warwick and Western Ontario and NBER Baldwin, R.E. and Venables, A.J., 1995. â€Å"Regional economic integration†. In Handbook of International Economics, vol.3 , edited by G.M. Grossman and K. Rogoff. Amsterdam: North-Holland, pp.1597-1644 Cakmak, O.A. and Yilmaz, S., 2008. The dynamic effects of economic integration: a comparative study on the competitive power of Turkey and EU-8 (Poland, the Czech Republic, Hungary, Slovakia, Slovenia, Latvia, Lithuania and Estonia). Gazi University. Chipman, J.S., 1998. Welfare effects of trade-diveriting customs unions: a quantitative approach, USA, University of Minnesota. Clausing, K.A., 2000. â€Å"Customs unions and free trade areas†. Journal of Economic Integration, vol 15 (3), pp.418-435 Corden, W.M., 1972. â€Å"Economies of scale and customs union theory†. Nuffield College, Oxford Publishers., Journal of Political Economy, vol.80 (3) Gehrels, F., 1956. Customs Union from a Single-Country Viewpoint, Review of Economic Studies, 24, pp. 61-64. Ginsberg, R.H., 2010. Demistifying the European Union: the enduring logic of regional integration. Rowman & Littlefield publishers4 Hannan, D., 2014. The EU is not a free trade area but a customs union: until we understand the difference, the debate about our membership is meaningless. The Telegraph. Available from http://blogs.telegraph.co.uk/news/danielhannan/100186074/the-eu-is-not-a-free-trade-area-but-a-customs-union-until-we-understand-the-difference-the-debate-about-our-membership-is-meaningless/ [Viewed on 30th November 2014]. Josic, H. and Josic, M., 2013. Static and dynamic effects of customs union creation, Croatia, Faculty of Economics and Business Zagreb Jovanovic, M. N., 1998. International Economic Integration, London, Routledge. Kemp, M., 1969, The Pure Theory of International Trade and Investment. London: Prentice-Hall. Krueger, A., 1997. â€Å"Free Trade Agreements versus Customs Unions†, Journal of Development Economics 54, 169-187. Lee, S.A., 1978. Economic relations between West Asia and Southeast Asia. Papers and proceedings of an international conference, Singapore, Institute of Southeast Asian. Lipsey, R. G., 1957, â€Å"The theory of customs unions: trade diversion and welfare†, Economica 24: 40:46 Lipsey, R.G., 1960. â€Å"The theory of Customs Unions: a general survey†, The Economic Journal, vol.70, No. 279 Lipsey, R.G., 2006. â€Å"The theory of customs unions: trade diversion and welfare†. Economica, New Series vol, 24. No.93 Meade, J.E., 1955, The Theory of Customs Unions. Amsterdam: North Holland. Mendes, M., 1986. â€Å"An alternative approach to customs union theory†. Journal of International Economic Integration 1(I), spring publications, pp.43-58 Michaely, M., 1965. â€Å"On Customs Unions and the Gains from Trade†, Economic Journal, 75, pp. 577-583. Nicholls, S.A., 1993. Theories of economic integration: a selective review, London: University of London Oslington, P., 2013. Contextual history, practitioner history and classic status: reading Jacob Viner’s the customs union issue, North Sydney, Australia, Australian Catholic University Strielkowski, W., 2012. Advanced economics of European integration: microeconomic aspects, National University of Ireland Viner, J., 1950, The Customs Union Issue. New York: Carnegie Endowment for International Peace

Tuesday, October 22, 2019

It Is Certainly True That People Work B Essays

It Is Certainly True That People Work B Essays It Is Certainly True That People Work B Essay It Is Certainly True That People Work B Essay It is certainly true that people work because It Is evident that only money can buy bread and butter. Apart from earning livelihood, majority of people work to Increase their standard of living. But there are a lot of people who are either rich due to the wealth received from their ancestors or they become affluent by earning during their lifetime yet, they continue to work. Having Job has always been of paramount importance to a plethora of human beings all over the world throughout history. There is an argument among different people bout whether choosing parents Job is an apt method to have successful Job, or there would be some other appropriate Jobs to pursue. We all live in an artificial world where everyone is running for money. We feel that money is very important part in our life. People do work to earn money, but Is that only reason that one works. There are also some other underlying cause which play a key role for one to work. First let us try to find what are other things apart money which keeps others engaged In work. There may be different priority for different people In life and thus they expect different things from their work. Overall everyone needs a satisfaction from their job, and this satisfaction does not come merely by money. People look for work after completing school. We need money to support our lives when we grow up and live independently. But we do not work only to make money. There are two reasons why people want to work. People work in order that we can pursue our dreams. For example, people who have a dream of being a soccer player make their dream come true by working as a professional player. Money Is Important to lead life but It Is not everything. In my opinion there are many other important reasons to work other than money. Satisfaction of the worker, social prestige and respect, stress free job are some other important reasons for people to work. In fact, when you ask people why they work, a lot of them will say they are only in it for money. When you work for money, you can be financially independent, and have some control over your life. Sometimes money truly is the only reason a person work . But most people have more substantial and important reasons for working . R example, they like to spend their days doing something they are good at . They like being productive. Other people need their skills ,and they feel obliged to supply them -what If you didnt work and you had every day to yourself,you could choose to go to the ,go to the movies ,go shopping ,read books, vaults friends ,visit places of interest go out for meals play sport . These are wonderful ,but you wo uld need at last some money to 00 most AT tense things. Ana IT you nave money relaxing and doing what you please is a great for holiday, but after a while the leisure will decrease and you will feel aimless and bored. In the modern society, almost every citizen has to work, there are always traffic Jams during the rush hour. Some people work at a company, as a manager or as a employee. Some people open their own shop and run business; others may work for people, such as sellers, teacher, or doctor. I think that everyone must have their unique reason for working. Most of the people must work because they have a family to support and their earning may only can meet the ends so they might work even reader to try to get a raise in the salary or even do part-time Jobs. People work, because they need money, have expenses and necessity to sustain themselves. Let looks that way on a first site and may be it is true for some people,but for me the reasons for one to work are many and various. Man is a social creature,he needs a social media to live a normal live and feel comfortable and the working place is such an environment where people could find social contacts and be the part of a team. Working give them a comfort of somebody who is feeling useful because he is creating something every day of his live.

Monday, October 21, 2019

The Botany of the Tobacco Plant

The Botany of the Tobacco Plant There are few activities more controversial than smoking tobacco. Smoking is clearly detrimental to human health, but there is little doubt that tobacco is a highly profitable plant species. Lets learn more about the plant itself, including its history, anatomy and physiology, growth habit plant types, and other potential uses. History and Background of Tobacco Nicotiana tabacum is the Latin name for tobacco. It belongs to the plant family Solanaceae, so, perhaps surprisingly, tobacco is botanically related to potatoes, tomatoes, and eggplant! Tobacco is native to the Americas, and cultivation was thought to have begun as early as 6000 BCE. It is believed that leaf blades were wilted, dried, and rolled to make primitive cigars. Columbus noted Cuban natives smoking cigars when he discovered America, and in 1560, Jean Nicot, the French ambassador to Portugal, brought tobacco to England and France. Nicot made a fortune selling the plant to Europeans. Nicot also reportedly gifted tobacco to the queen of France to cure her headaches. (Did you notice that the Latin genus name for tobacco, Nicotiana, was named after Jean Nicot?) Anatomy and Physiology The cultivated tobacco plant normally grows to one or two feet high. The five flower petals are contained within a Corolla and can be colored white, yellow, pink, or red. The tobacco fruit (yes, tobacco bears fruit!) measures at 1.5 - 2 mm, and consists of a capsule containing two seeds. With the tobacco plant, however, it is the leaves that are the most economically important. The leaf blades are enormous, often growing to 20 inches long and 10 inches wide. The leaf shape can be ovate (egg-shaped), obcordate (heart-shaped) or elliptic (oval, but with a small point at one end). The leaves grow toward the base of the plant, and can be lobed or unlobed but are not separated into leaflets. On the stem, the leaves appear alternately, with one leaf per node along the stem. The leaves possess a distinct petiole. The underside of the leaf is fuzzy or hairy. Why are the tobacco leaves important? The leaves are the plant part containing the nicotine. However, the nicotine is manufactured in the plant roots, not the leaves! The nicotine is transported to the leaves via the xylem. Some species of Nicotiana are very high in nicotine content; Nicotiana rustica leaves, for example, can contain up to 18% nicotine. Growing Tobacco Plants Tobacco, a plant that is cultivated as an annual but is actually a perennial, is propagated by seed. The seeds are sown in beds; one ounce of seed in 100 square yards of soil can produce up to four acres of flue-cured tobacco, or up to three acres of burley tobacco. The plants grow for between six and ten weeks before the seedlings are transplanted into the fields. The plants are topped (their heads are cut off!) before the seed head develops, except for those plants that are used to produce next years seed. The reason the plant tops are removed when flowering begins is so all the plants energy goes to increase the size and the thickness of the leaves. The tobacco suckers (the flowering stalks and branches, which appear in response to the plant being topped) are removed so that only the large leaves are produced on the main stem. Because growers want the leaves to be large and lush, the tobacco plants are fertilized very heavily with nitrogen fertilizer. Cigar-wrapper tobacco, a staple of Connecticut agriculture, is produced under partial shade- resulting in thinner and less damaged leaves. Plants grow in the field for three to five months until harvest. The leaves are removed and purposely wilted in drying barns, and fermentation takes place during curing. Tobacco Types Several types of tobacco are grown, depending on their use: Fire-cured, used for snuff and chewing tobacco.Dark air-cured, used for chewing tobacco.Air-cured (Maryland) tobacco, used for cigarettes.Air-cured cigar tobaccos, used for cigar wrappers and fillers.Flue-cured, used for cigarette, pipe, and chewing tobacco.Burley (air-cured), used for cigarette, pipe, and chewing tobacco. Fire curing is basically what the name suggests; open fires are used so that the smoke can reach the leaves. The smoke makes the leaves darker colored and more distinctly flavored. No heat is used in air curing except to prevent mold. In flue curing, heat is applied in such a way that no smoke reaches the leaves hung in racks. Other Potential Uses What other possibilities are there for tobacco, as smoking rates have been vastly reduced over the last 20 years? Believe it or not, there is a possibility that tobacco oils can be used in biofuels. Also, researchers in India have patented an extract from tobacco called solansole, for use in several drug types.

Sunday, October 20, 2019

Torture and Terrorism in the Modern World

Torture and Terrorism in the Modern World Torture inflicts severe pain to force someone to do or say something and has been used against prisoners-of-war, suspected insurgents and political prisoners for hundreds of years. In the 1970s and 1980s, governments began to identify a specific form of violence called terrorism and to identify prisoners as terrorists. This is when the history of torture and terrorism begins. While many countries practice torture against political prisoners, only some name their dissidents terrorists or face potential threats from terrorism. Torture and Terrorism Around the World: Governments have used systematic torture in conflicts with rebel, insurgent or resistance groups in long-running conflicts since the 1980s. It is questionable whether these should always be called terrorism conflicts. Governments are likely to call their non-state violent opponents terrorists, but only sometimes are they clearly engaged in terrorist activity. Israeli Supreme Court License to Torture RulingRussian torture in the Chechnya warEgyptian torture of domestic and foreign terrorists Detainee Interrogation Practices Considered to be Torture: The issue of torture in relation to terrorism was raised publicly in the United States in 2004 when news of a 2002 Memorandum issued by the Justice Department for the CIA suggested that torturing Al Qaeda and Taliban detainees captured in Afghanistan might be justified to prevent further attacks on the U.S. A subsequent memo, requested by former Defense Secretary Donald Rumsfeld in 2003, similarly justified torture on detainees held at the Guantanamo Bay detention center. Definition of TortureHoodingSleep Deprivation and  WaterboardingAmerican torture methodsThe Crucifixion of Manadel Al Jamadi, Abu Ghraib Prison Detainee Terrorism and Torture: Selected Reports and Legislation Since 9/11: In the years immediately preceding the 9/11 attacks, there was no question that torture as an interrogation practice is out-of-bounds for American military personnel. In 1994, the United States passed a law prohibiting the use of torture by American military under any circumstances. Furthermore, the U.S. was bound, as a signatory, to comply with the 1949 Geneva Convention, which prohibits torturing prisoners-of-war. After 9//11 and the beginning of a Global War on Terror, the Department of Justice, Department of Defense and other offices of the Bush Administration issued a number of reports on whether aggressive detainee interrogation practices and suspending Geneva Conventions is legitimate in the current context. Here are rundowns of a few key documents. 2002: Justice DepartmentTorture Memo2003: Defense Department Working Group Report, Detainee Interrogation in the Global War on Terror2006: Bush and Senate Agree to New Legislation2006: Military Commissions Act International Conventions Against Torture: Despite ongoing debates about whether torture is justified against terrorism suspects, the world community finds torture consistently finds torture repugnant under any circumstances. Its not a coincidence that the first of the declarations below appeared in 1948, just after the end of the Second World War. The revelation of Nazi torture and science experiments performed on German citizens in World War II produced a global abhorrence of torture, anytime, anywhere, conducted by any party- but especially sovereign states. International Conventions Against Torture1948 Universal Declaration of Human Rights1948 European Convention on Human Rights1955 Standard Minimum Rules for the Treatment of Prisoners1966 International Covenant on Civil and Political Rights1969 American Convention on Human Rights1975 World Medical Association Declaration of Tokyo1975 Declaration on the Protection of All Persons from Torture1984 Convention Against Torture Also see: Human Rights and Terrorism: An Overview \ Torture Interrogation in a Time of Terror: Analysis of Legal Issues

Saturday, October 19, 2019

The greater power of politics is within the grasp of people Essay

The greater power of politics is within the grasp of people - Essay Example The contract tradition gives verdict regarding what is natural and what is non-natural. Difference of thought among the three authors is most of the time overlooked due to the practice of grouping them together. The â€Å"Social Contract† as a theory was written in the 17th and 18th century. This theory advocated four important points. Firstly the state exists to serve the will of the people. Secondly people are the only source of government power. Thirdly the people are free to accept or refuse to give power to the government. Finally the document advocates for limited government, individual rights, and popular sovereignty. Thomas Hobbes and John Locke were very prominent personalities, and both had a tremendous influence on the future of England. Despite these common personality traits, some of their beliefs are very different. For example, Hobbes believes that politics is based on the desire of power and the fear of death. He wants to create a powerful state and called it à ¢â‚¬Å"Leviathan†. (â€Å"A government to protect the people from one another to keep them in fear†) In the â€Å"Social Contract† Hobbes suggests that men should give up their rights to an authority to act for them, on their behalf. He said that sovereign authority had to be absolute in order to prevail over the fear of death in state of nature. From this it is clear that only reason for existence of the governments was the safety of the people. There are some strange and unusual statements regarding what is natural, what is non-natural and what is merely manufactured by humans. Thomas Hobbes writing is one of the most profound and influential political literature ever written. His Leviathan was written at the time of the English Civil War. The impact and result of Civil War had greatly influenced the ideas of Hobbes. He saw the power of the people in the war therefore he argued that the government’s power comes from consent of the people. This idea was wi dely used in the American Revolution. Thomas Hobbes begins his argument by stating the nature of humanity. No human is perfect and combination of different aspects. One man can be better in some regard than another man but in the end, their positive and negative aspects combine to make them equal. In the state of nature this equality brings fear to men. They begin to suspect and hate one another, which put them on the path of war. When men are at war morals, principles and fairness evaporate. The absence of a central governing authority compels men to act according to their own understanding. Hobbes states three main reasons that force a man to war: Competition, Fear, and Glory. "The first, make men invade for gain; the second, for safety; and the third for reputation". War goes on for a long time without any logic or reason. No matter how successful a war may be, there are always losses. In addition, if man is always at war, he loses civilization, resources, time, culture, and ethi cs. He starts depending on animal surviving instinct, always keeping his guard against any other man. All the war is for the safety and life but it is the fear of death which prevents men from constant involvement in war. There is little time for building and civilizing the world or to enjoy life and resources won in the war. The state of being in constant war, or fearing that there is war, takes up a lot or all of the time. In this

Friday, October 18, 2019

Windows Server 2012 Proposal Research Example | Topics and Well Written Essays - 1750 words

Windows Server 2012 - Research Proposal Example The two varieties, a developer preview and a better version, were actually unconfined by the time of expansion. This particular software was generally obtainable to customers from September 4, 2012. Dissimilar its to its forerunner, this type of server has got no delivery for itunium-based PCs and also has four types. As an IT consultant, this paper describes the how i will supply WAI with a solution which describes the implementation and configuration of their core IT services within this company. New features in Windows Server 2012 In Windows Server 2012, there are a lot of new features that has that any other person can take advantage of when installing windows operatig system. As an administrator of WAI, it will be of great advantage for both the two stations in Los Angeles and New York. First, the most thrilling feature is the Active Directory Domain (AD DS) that makes it very simple for an IT administrator to position domain controllers, very supple and calmer to audit and auth orize access to the files with Dynamic Access Control, and also informal to tasks directorially at scale maybe nearby or even distantly, through reliable graphical and scripted organization knowledge. The second feature that will actually help me in using Windows Server 2012 in installing IT services at WAI that they will take advantage of is the Dynamic Host Configuration Protocol (DHCP) that will help in lowering the administration burden as well as complexity of the configuring host on a TCP/IP- based net, such as private network in an organization such as WAI. There is also another good feature that will interest me in installing Windows Server 2012 at WAI, the Deployment Service that will actually help to deploy windows operating system. It can be uset to configure fresh computers through the use of network-based installation. Again, the last feature may be the file ans well as the storage services. This provides a good number of new scalabilty, managements as well as functiona lity improvements in this type of Windows Server. Otherwise the new features here will make WAI a successful organization in realizing its objectives. Deployment and Server Editions In this case,server groups of two can be created and managed through the user experience. Aserver group con taining all the machines working on IIS, for instance, a group of all database servers, and giving out information on any of them. This is a big benefit for organizations like WAI, without really dedicated monitoring software in place. Using standard or datacenter really epends on whether you want to run up to two computer-generated machineries as guest or if you would favor limitless guest virtualization. As for the cas of WAI, i would prefer the Datacenter since it is highly virtualized, has unlimited virtual instances rights even though it is very expensive compared to standard. The stress for windows has altered to a GUI that is elective. By the time you install the operating system, you are as ked to choose between a full installation and a core installation. You should opt for a core installation because you will be able to flip on a GUI easily through installing the role of GUI. Active Directory There is a big possibility of having one domain for these two differet sites, that is New Yorka and Los Angeles. This is becauses Windows Domain brings out a security boundary while the Active Boudary clearly brings a location as well as the boundary of speed. In this case, i will need to have a DC at Los Angeles nad New York, the same make and model of router/firewall combination at each site, there will be need for static IPs at every site and then enable site-to-site VPNs with the IPSec as well as Perfect Forward

Discussion 6 Essay Example | Topics and Well Written Essays - 250 words - 5

Discussion 6 - Essay Example In many societies, the choice of color is seen to tell about one’s gender. In the present case, pink is traditionally associated with girls, and therefore seeing the boy’s nails in pink made some feel that the mother was encouraging a reversal of gender identity. To some, the advertisement appears to encourage our children to choose the genders they feel comfortable in regardless of their gender at birth. Some people believe that boys should behave and act like boys and not the other way round. In terms of the relationship between gender and power, such reactions indicate that men and women are placed in certain roles based on their gender. The society has developed boundaries that clearly define the roles of men and women in society, and whenever such boundaries are seen to be crossed, such reactions are common. Women are seen as accommodative and passive while men are aggressive and dominating. In the present case for instance, since pink color is associated with wome n, some take offense when the boy paints his nails pink because it appears he is relinquishing his duties or roles as a man and taking up female

Thursday, October 17, 2019

Sacrament of marriage Essay Example | Topics and Well Written Essays - 1000 words

Sacrament of marriage - Essay Example This concerns the establishment of the relations among the people involved in the union, as well as, the attribution of the relationship to the purpose of God in the individual lives of the people2. Thus, from the catholic cannons, marriage is a sacrament between baptized people joined in union at the confines of the church doctrines. It constitutes the unbreakable bond of love between Christ and the people. Thus, like the other sacraments, the sacrament of marriage is a symbol to reveal the Lord Jesus, facilitate the divine life, and love to the people. The twentieth century saw the evolution of the theology of marriage within the developments of the church, begging with the incorporations established by Pope Pius XI in 930, and passing through to the Second Vatican Council and Pope Paul VI. The culmination was the unfolding of the writings on the insights of Pope John Paul II. The church drifted from the juridical presentation of marriage to adopt church pronouncements that personalized the duties and rights of marriage, to present it as a presentation for availing conjugal love between the spouses3. The Vatican and Cannon Law explains the definition of marriage as an intimate, exclusive, indissoluble communion of love and life shared by man and woman as a fulfillment to the design established by the Creator of their own good and procreation. This covenant entails joining two baptized persons, raising the dignity of the sacrament. Historical development ranges back to the initial establishments about the promiscuity of man, which instituted the need to develop religious cannons to streamline the practice of marriage4. The responsibilities associated also contributed to the establishment of the divine union, as practice of monogamy became the preaching from the church5. Thus, current establishments and practices in the sacrament of marriage have evolved

Caribbeanization of North America Essay Example | Topics and Well Written Essays - 1000 words

Caribbeanization of North America - Essay Example itians fled to the United States during the eighteenth and nineteenth century following political unrest in the mid 1790s, which is evident from their visible presence in contemporary American society. The continued migration of Haitians in large numbers was reminiscent of the prolonged political subjugation coupled with a severe dearth of opportunity followed by the ensuing economic hardships. The illegal migration of Haitians still continues in present day (Fox News, 2002). The Haitians are found in large numbers in various parts of the United States of America, especially, in New York and New Orleans where they migrated or were brought as slaves. The sheer number of Haitians in such popular metropolitan neighborhoods where they are highly visible as an ethnic population, account for the transformation of certain cultural habits, establishment of ethnic businesses including bakery shops, music, grocery stores, restaurants, etc which have heavy prominence to their respective cultures and ethnicity. The stores selling voodoo artifacts,provide a representation of predominantly Haitian culture. Besides the Little Haiti situated in the heart of Miami, signifies the settlement and amalgamation of the Caribbeans in America. Haitians are also seen in Louisiana where they were introduced in significant numbers between the years 1720 – 1780. Due to such large scale transformation of Africans in the locality, they soon outnumbered the whites; which is evident from the fact that blacks constituted a majority of the population in New Orleans, especially during the first four decades of the 19th century who eventually fled the regions following the surge in racial harassment and rising restrictions on slaves. The impact of Caribbean influence is however, apparent in American music, dance, arts, literature, as well as religious practices and politics. The Africans brought along with them their strong traditions and culture which eventually got merged with that of

Wednesday, October 16, 2019

Sacrament of marriage Essay Example | Topics and Well Written Essays - 1000 words

Sacrament of marriage - Essay Example This concerns the establishment of the relations among the people involved in the union, as well as, the attribution of the relationship to the purpose of God in the individual lives of the people2. Thus, from the catholic cannons, marriage is a sacrament between baptized people joined in union at the confines of the church doctrines. It constitutes the unbreakable bond of love between Christ and the people. Thus, like the other sacraments, the sacrament of marriage is a symbol to reveal the Lord Jesus, facilitate the divine life, and love to the people. The twentieth century saw the evolution of the theology of marriage within the developments of the church, begging with the incorporations established by Pope Pius XI in 930, and passing through to the Second Vatican Council and Pope Paul VI. The culmination was the unfolding of the writings on the insights of Pope John Paul II. The church drifted from the juridical presentation of marriage to adopt church pronouncements that personalized the duties and rights of marriage, to present it as a presentation for availing conjugal love between the spouses3. The Vatican and Cannon Law explains the definition of marriage as an intimate, exclusive, indissoluble communion of love and life shared by man and woman as a fulfillment to the design established by the Creator of their own good and procreation. This covenant entails joining two baptized persons, raising the dignity of the sacrament. Historical development ranges back to the initial establishments about the promiscuity of man, which instituted the need to develop religious cannons to streamline the practice of marriage4. The responsibilities associated also contributed to the establishment of the divine union, as practice of monogamy became the preaching from the church5. Thus, current establishments and practices in the sacrament of marriage have evolved

Tuesday, October 15, 2019

W4 discussions Essay Example | Topics and Well Written Essays - 500 words

W4 discussions - Essay Example Waiting-line models can equally be applied in the manufacturing of soda, canned foods, automotive components, and plastic products, the list being practically inexhaustible. By analyzing queues in terms of average waiting time, and the length of the waiting line, among other factors, managers in the manufacturing setting can make vital decisions regarding how many machines they should engage in production, when to schedule maintenance for particular machines, and establish the probability of having a given quantity of materials or inventory running in the system (wps.prenhall.com, n.d.). Queuing theory may help managers establish the probability of a system being idle which is important in deciding when and how often to schedule maintenance services for machines and equipment. Simply stated, queuing theory is no less important in product manufacturing than it is in service industries. Linear programming is a widely used mathematical technique designed to help operations managers plan and make decisions. Why is LP so important in decision making? So what are the major components of a linear programming problem? What does linear programming tell us about the allocation of resources? Linear programming according to purplemath (n.d.) is the process of analyzing the different linear inequalities that apply to a given situation to find the optimum value that can be obtained under those conditions. In this respect, linear programming is important in obtaining the â€Å"best† (optimum) value of a variable for a given set of conditions (purplemath, n.d.). For decision makers, linear programming is important in finding optimum (maximum and minimum) values which are important such as in maximizing profits and minimizing expenses among other desirable results. A linear programming problem has four basic components; decision variables, data/parameters, constraints, and objective

Lobbying strategies used by financial services Essay Example for Free

Lobbying strategies used by financial services Essay General knowledge about patenting and the patent reform legislation. A patent can be said to be a se of exclusive rights given to an inventor or his assignee for a given period in exchange for the invention details. However in countries like us extras qualification utility patents is used to differentiate them from other types of patents, this should not be confused with utility models grants by other countries. (http://www.ipaustralia-gov.au/patents/what_index.sch.html)examples of these particular patents for invention includes biological patents, business method patents, chemical patents and software patents. In some other countries other types of intellectual property rights (IPR) are called patents while industrial design rights are referred to as design patents which protect the physical designs of objects which are not of great utility. As such therefore, patent should not be mistaken for a right to practice or use the inventor, it(patent) provides the authority to prevent other people from making, using, selling or offering for sale or importing the patented invention for as long as the term of the patent remains, which in most cases is usually 20years. In real sense a patent is a limited property right that the government leases to inventors in exchange of their (inventors) disclosure of the details leading to their invention. Patent therefore, like any other property rights can be leased, mortgaged, assigned, licensed, given away or even transfered.As briefly stated above the rights governing a patent varies from country to country. For instance in Australia, other people are allowed to build on top of already patented invention. This is possible by making use of exceptions from infringement procedures e.g. allowances for academic research (http. /paustralia- gov.au/patents/what_ index .sch.html). While on the other hand in US things are very different on patent rights governing research, whereby even developing of an existing invention amounts to infringement. The mystery of patents is exhibited when one wants to make an improvement of an already patented invention. This can only be done legally by seeking permission from the patent holder, assuming that the patent is still in force When the new improvement is made the owner of it can bar the original patent owner from using the improvement and hence denying him of the right to exploit the patent. However some countries require that the invention be exploited in the jurisdiction it covers. Again the penalties of not working an invention vary from country to country but the common penalties ranges from revocation of the patent rights to awarding of a license to any party in a position to exploit the invention. The patentee can seek legal redress and challenge the revocation or the issuance of the license. But there exists a big hurdle in offering of tangible evidence that, the requirement of the public have really been met by the working the invention. Generally patents can only be put in force through law suits (e.g. in US, patent infringements are handled in the US federal courts) in other countries like France and Australia criminal penalties for patent infringements are given. In case of an infringement the patent owner will demand to be compensated financially for past infringement and then also seek to bar the defendant (infringer)from engaging in any further acts of infringement. However it is not always easy for the patent owner to prove that infringement really took place. As such, he is required to establish that the accused practiced all that the patent was entitled to; again, the issue of independent jurisdictions patent rights tradition also arises. The above statements about the powers of a patent owner are enough evidence to show that there is a great limitation on the patent owner because the accused has a right to challenge the validity of a patent .It is common for civil courts hearing patent cases to declare patents invalid. The basis on which a patent can be declared invalid are stated on the patent agreement, and again this varies from one jurisdiction to another. However some countries like UK have laws discoursing infringers from challenging the validity of patents. In the UK this discouraged through the certificate of contested validity. Nevertheless not all patent rights disputes are settled through litigatation. Majority of these disputes are settled through private patent licensing agreements. These agreement are simply practical, effective contracts whereby the patent owner (also know as licensor) voluntarily decides not to sue an infringer in return of some payment .Research shows that this is common in companies which deals with complex products. These companies also issue patented licenses to other business rivals under what is known as cross licensing agreements. This in turn facilities the cross accessing of each other inventions (special problems in patent cases 66.FRD 529,197 by Howard T Markey) \ As seen above different jurisdictions have different traditions of approaching patenting, but it should be noted that in many nations both single entities (natural persons) and corporate entities can apply for a patent. On issuance of this patent then the entity (ies) becomes the owners of the patents. However, it is mandatory that the inventor (s) be named so that the public can get to know how the owner(s) of the patent acquired the rights. For example in US only the inventor(s) (natural person) can apply for a patent, in cases of multi inventors then each inventor is given a patent which s very independent from those given to other co- inventors . It is a normal practice also in US for inventors to assign their ownership rights to a corporate body, this is done in cases of multi-inventors so that only one single entity has the rights to grant a license. Another reason is to increase the liquidity of the patent as property, so that inventors can be in a position to sell them to a third party, who in turn owns the patent as though they were the real investors. From the above detailed information about the function ability of patents and patent rights it is evident that patents and patent rights need to be protected by relevant laws so that neither party i.e. patent owners, authorities, and infringers is vulnerable to mistreatment. Therefore nations and also internal communities have come up with laws that govern the enforcement of patents. Patents as such therefore, are governed by laws at a national level and at an international level through signing of treaties. It can be said that patents are therefore not national but territorial in nature. It is traditional that every nation forms a [patent office which carries out patenting responsibilities in regards of the laws of the country. However cases of infringements are left to be catered by national courts. On an international scale it is the work of the world Trade organization (WTO) to harmonize these patent laws. Agreement have been reached successfully in aligning these patent laws .Adherence to these agreements is a mandatory requirement for admission to the WTO, a factor leading to mass compliance by many nations .Even the developing countries are not left back although they have been known to enforce national laws protecting their local industries. A paramount international meting held in Paris relating to patent systems culminated in the signing of the above agreement. Although the agreement does not have a consequential legal effect in national jurisdictions its principles are largely inculcated in many current patent systems. For instance one such principle is the right to claim priority which allows an application filled in a member state of the Paris meeting to be valid for one year and also to be filled in any other member state and still receive its original filling date. This is a great achievement since patent ownership is entirely date oriented. Again the powers and dynamics of patents vary from sate to another. In US for example, the lands prime law (constitution), gives the congress the mandate to make laws, to promote, and uphold the progress of Science and useful Arts. These laws once passed, are then enshrined in Title 35 of the United States Code. The United States patent and trademark office (USPTO) was created under the above laws. (US patent activity, 1790 to present – http://www. Upstaged/web/ offices/ac/ido/oeip/taf/h-counts-html). In UR, patent laws are contained in the patents Act 1977 (amended). On international perspective, as mentioned above there exists international freely procedures e.g. procedures under European patent convention (EPC) which works under European patent organization (EPO) and patent cooperation Treaty (PCT) among many others. Similar treaties exist in African content countries. For a natural person or a corporate entity to be awarded a patent then an application requesting the same has to be filled at the relevant patent office. This application contains such information like how to make and put the invention into use and also the utility of the invention. Also contained in the application form is claims which explain more about the invention and the extend of patent rights in regards to applicants wishes. The above details together with a written description with drawings are part of the patent specification. In some nations like US, the applicant is also required to include the most effective way to make and practice the invention. The claim part acts as a disclosure to the public on the limits to which the patentee has over the invention. In other words a claim shows what the patent covers and what does not cover. It should be noted also that a single patent can have numerous claims, each regarded as an independent invention. Once the above requirements have been provided it is now the duty of the patent office to counter check whether the application is in order with the relevant legal provisions in relation to the particular specie of patents. Once it is approved the patent takes effect from the date issued and it is subject to yearly renewals so as to remain in force in relation to (Egbert vs. Lippmenn, 104 U.S. 333 (1881) â€Å"the corset case†) The US supreme court passed a decision that any inventor who has not applied for a patent for more than eleven years of using the invention, cannot be given one. Hence there is a need to seek for a patent once an invention has been made (http://www. Wolf Greenfield. Com/media/news. 9.pdf) In a summary of the above information about patent system four main aspects have clearly been discussed about, they include; i. Inventing: Through intensive research and consulting Scientists and artists are able to come up with inventions. The desire to dig more and come up with inventions is catalyzed by the existence of patent rights. Which comes with much money as a result of selling patent licenses ii. Disclosing the invention made: As per the meaning of patent, the disclosure of invention is for a common good. This is so because there are projections as to the rights of invention and hence inventors feel free to disclose their invention. This disclosure facilitates for exploitation of patent right when the current one expire or even improvements are made. iii. To invest in producing, experimenting, and marketing of the invention. This is done out the faith that infrequent cases are well protected against. iv. Designing and improving of earlier patents: This can only be possible is details of already existing patents are disclosed to the public. All the above stuff concerning modern patent system allows for infant inventors to gain exclusive rights and therefore becoming licensors. They therefore gain financially and in the long run promoting more innovations. Due to loopholes the legal systems governing patents cases of double awarding of patents have been common. (According to R.Buck minster Fuller 1938). Due to the increasing number of inventions the patent filling systems are becoming more complex day and day and hence there is a likehood of awarding a patent to an invention already patented before. However with the introduction of reliable computing system this has been kept at bay. According to Michael Heller, a law professor and Rebecca Sue Eisenberg in a 1998 in their 1998 science article, intellectual property Rights (IPR) have become so much fragmented that signing them will require an agreement with all the owners of fragments. Another big hurdle in patents is that they discourage innovations especially with corporate entities who may own many patents and enter into litigations incases of infringement although they are doing absolutely nothing to develop the invention. Other numerous problems also exist and as a result critisms have been common opposing the patents system and proposing for their abolition altogether. Lastly, it will be fair to put forth some historical information regarding the existence of patents. Reliable evidence suggests that the first stints of patents can be traced to ancient Greek cities whereby any one who came up with a new recipe was allowed to make the food for one year. On the other hand, modern patents can be traced to the republic of Venice whereby new inventions were publicly communicated to prevent undue infringement. Other countries followed suit e.g. U.K, US and therefore the idea of patents spread through other parts of the World. The above detailed account about patents gives a reader of this paper a sound basis to now tackle the issue of financial services industry, lobbying strategies in the addressing of the patent reform bill (legislation) before the 110th congress. As already explained above the patents system in united states are under the body known as United States patent and Trade mark organization (USPTO).This body is therefore incharge of issuance of patents to inventors. According to a 2004 report by National Agency of a sciences and another report of 2003 report by Federal Trade Commissioner a bill (patent Reform Act 2005) was proposed. The main aim of this bill was to try and bring a theme of modernity in the USA patent system. Although it was not until 2007 when this bill was introduced to the bicameral US parliament (Senate and House of representatives). This bill now known as â€Å"The patent Reform Act of 2007† was introduced as a proposal in the 110th US congress for discussion and eventual change of the United States Patent Laws. The bills main objective was to bring the American patent laws to the same level with other countries patent laws. (According to a patent system for the 21st century, by Stephen. A. Merrill Richard L. Levin and mark B. Myers, 2004- (http://www ton.nap.eds/catalog//76.html) The main changes brought by this legislation were I). Converting US from a first- to- invent system to a first- inventor- to -file system. This bill will bring US to conformity with other countries of world. This system will also reduce legal costs, simplify the patent process, improve fairness and also facilitate a movement towards harmonized international patent system. It is also agreed that this change will reduce the complexity associated with the current USPTO interference proceedings. This will therefore make inventors to focus more on inventing. Since this change would make US to be in harmony with other countries it will help US inventors to pursue their innovative dreams in more consisted manner. On the hand, critics have agreed that this system of first to file will encourage unnecessary USPTO with unharmonized disclosure information; therefore quality of patents is compromised. Again the small scale inventors will be at a disadvantage when competing with large co operations in the race to the pattern office. The next major change was apportionment of damages. The bill will seek to bring sanity in the award of damages due from infringements of patents. The bill allows a court of law to ensure that the damages are paid according to the prevailing economic conditions pertaining to the patented invention. This was seen a measure to cut excessive royalty payment infringed patented. Large technological companies and financial services industries supported this change because they lie on features which are in most cases in patented. Critics of this system argued that, the congress should not attempt to prioritize the factors that a court may apply when determining reasonable damage rights. This system may also undermine the existing licenses and therefore leads to the rise of litigation. Those critics included USPTO, the biotechnology among many others. Other charges embedded in the bill included; Allowing a third party assignee to file a patent application, Revising procedures for patent interference disputes; Allowing financial institutions to infringe patents on the check collection system, Allowing a person who is not the patent owner to file a petition with the board cancel a patent as invalid among many other changes. These changes sought to facilitate a general overhaul of the US patent system. Which according to the coalition for 21st century patent Return was in dire need for periodic examination and foundational changes (http://www.ipfrolmer.com/depts/artic.asp?id=14890deptid=4) This reform bill on patents was introduced to the House of Representatives by a democrat, MR. Howard Berman and in the senate by another Democrat, MR. Patrick Leahy. It was passed in the House of Representatives but put under more scrutiny pending voting in the senate following its introduction in the 110th United States Congress. The bill has been faced with positive and negative critisms from different organizations. Those organizations lobbying for its subsequent adoption argue that, the bill is necessary to bringing in the much needed changes and consequently reduce the number of soaring ills which are killing innovation. Some of these organizations include coalition for patent fairness, Business software alliance intellectual property owners association and lastly American institute of certified public accounts. Those according to them are weakening the rights of patent owners innovations included the following national small business organization, innovatiove alliance, Biotechnology industry organization among others (http://www.napp, org/resources/nap opp to 2007 senate Bill. pdf) According to the US department of commerce the only part which need some revision is section 4 which they argue may harm the nation’s intellectual property system. The bill also attracted critisms from international community with a Chinese expert calling the bill hypocritical; since it is weakening the rights of patent owners in US when US has been urging the Chinese government to strengthen the rights of their patent owners. An observation also comes from India pharmaceutical Alliance who argued the bills provision allows for the validity of a US patent to be challenged immediately after issuance. They also predict that the bill may favour Indian manufacturers since it reduces legal costs and risks. (Http.economictrimes.com/article show/mst 22256,pr+page – 1.cms1) The lobbying strategies The first question one should ask himself when tackling this debate is very simple, how is the proposed patent reform bill going to affect the performance of the financial institutions? Secondly has the current patent laws been in â€Å"favor† of the financial institutions? With these two questions in mind then it is very easy to the financial institutions stand in respect to these reforms. Consequently, therefore, the lobbying strategies they employ will be directly related to these effects. This issue of patent reforms may seem to a nonprofessional to be of no consequential impact and therefore does not deserve much thought but to the business community things are very different. The above detailed account of the pros and cons of the patent reform bill, it is very clear that there exists a tug-of war between some of the corporate US citizens. On one side of the war are much dreaded patent trolls or better known as patent sharks-small firms or individuals who wit fully trap large manufacturers in patent infringement suits in order to benefit from damage awards. On the other side of this war are financial institutions, which, includes banks and insurance firms who have joined hands with large tech-companies. It is understood that these two sectors have been faced with regular lawsuits coming from the much-dreaded patent sharks. At the center of the dispute is the current Americas patent system that is suffering from lack of a major policy overhaul for along period of time and struggling to stay in level with innovation in thev21st century. Therefore, financial institutions have always found themselves in a hot spot under the current patent laws. It is in this light that any reforms that seeks to address their plight is seen as a relieve to them. The first strategy therefore employed by these financial institutions was the formation of a bargaining platform in the form of â€Å"the coalition of patent fairness†. This group lobbied the senate to help curb the weak patents and bourgeois lawsuits from patent sharks. The group also lobbied against a ruling made by the federal appeals court that opened doors for patents on business methods, including different types of banking, investments and insurance techniques. It is through this lobbying that, the senate judiciary committee included a provision that grants banks immunity against lawsuits from patent holders like Texas Company Data Treasury, which holds patent on a method of digitally scanning, sending and storing checks. Another strategy used by financial firms is by applying for patents. These patents unlike those of other industries are not primarily for financial gains but for defensive purposes against the escalating number of patent infringement cases from the much-dreaded patent sharks. Financial institutions in US are also exploiting the fact that US is the only nation in the world to have been left back using the first-to-invent system of patenting to lobby the international organizations (WTO).this seems to have borne fruits because the USPTO seems to have yielded to the pressure and therefore agreed to bring some changes. This has worked through the harmonization of the US patenting system with the rest of the world. After the House of Representatives passed its version of the bill, many AUTM members frantically contacted their congressional members a move that enabled many parts of the bill to be amended. However the senate bill remained to be harmonized. Following great concern from the university community and other bodies, a number of changes were made. One lobbying strategy, which financial services institution used was voicing their concerns through the AUTM, an organization of many universities and other bodies that induces closeness to industries. It should be noted that the AUTM and the university community were not in anyway against the improvement of US patent system. Their main concern was to see that before the bill was finally voted for in the senate, the contentious parts should be first fine-tuned. As a show of great support to the improvement of the US patent system, the university group therefore put fourth the following suggestions (i) a one-year grace period for first inventor and strong inventor oath should be included. ii)Removal of the previous user rights expansion in favour of study of issue university patent can be in a risk of expanding prior user rights iii) Venue reform provision that exempt universities and technology transfer foundations that offer patent services to universities. The bill as it were had many provisions that were of great concern to US universities chiefly because it undermined the ability of the universities to transfer technology to local industries. This was due to the making of patents difficult to protect decreasing the amount of damages patent holder can get from an infringer and opening new avenues for infringers to put to task the validity of issued patents. This change of USPTO rules and the issue of Supreme Court in mind made it more burdensome, and expensive to get, maintain and even enforce patents. It also poses difficulties for Universities when starting companies, which attract venture funding. Other areas, which concerned Universities and financial institutions were, are as follows:- i. A compulsory search report and analyses, which reflect heavily on the financial aspects of Universities on technology, transfer offices. ii. Absence of meaningful inadequate contact reform iii. An open-ended, post-grant administrative review of patent quality. iv. Venue reform policy that forces patentee to file suits in the infringer home district court and v. Apportionment of damages in patent infringement suits. Another strategic lobbying device at the disposal of financial institutions and other concerned organizations was through approaching federal relations officer near them. These federal relations officers are discharged with the main duty of acting as the intermediaries between the people and senate (legislators). Due to the bill, having so many controversial sections, there was an urgent need for the stakeholders to harmonize their divergent views and come up with a consensus. This was achieved through the congressional research service (CRS) an arm of United State Congress that provides policy and legal advices to committees and members of both the house and the Senate regardless of party affiliations. The CRS committee collects views from the public and then they act accordingly. Again, this CRS also carries out civic education concerning the interpretation of bills and their effect to the lives of the common person. Holding of workshops and seminars with the other stakeholders was another worthwhile strategy used to help bring every concerned party on board so that when the legislation is adopted no one would feel shortchanged. Workshops are known to bring warring parties together on a mutual agreement. These workshops therefore lobbied the opposing bodies into ceding some of their unrealistic demands. Financial services institutions through their attorneys lobbied the senate judiciary committee into making provisions that gave them more power in the using of technologies made by other inventors. These technologies are necessary in the improvement of banking services offered to customers. The bill therefore needed to be lobbied and subsequently harmonized. Conclusion The AUTM through their technology transfer managers evaluated impact of the long legislation on its general operations and therefore come up with a strategy, educate the university management and also other interested and the work with the federal relations officer, who in turn contacts the lawmakers. This technology transfer managers advice the legislators on the need to go the dialogue way so that at end of it all no constituency feels as being shortchanged by the passing of the patent reform legislation. In general, the current state of the bill would weaken the entire American patent system by making patented under to protect. The damages entitled to a patent owner after an infringement has been reduced adding salt to the wound. New avenues for infringers to challenge an already issued patent have also been opened. Although the bill continues to be harmonized bit by bit, the university technology transfer system still view some areas as not fully catered for. The legislation also provides for a patent trial and appeal bond, which is charged with the responsibilities of reviewing decisions of examiners upon applications and reexamination proceedings. Financial services institution therefore can utilize this avenue in addressing and subsequent challenging of the patent reforms legislations. This board comes as an indicator on how this reform legislation has deliberately been drafted and therefore only needs to be harmonized on the small areas. However, it is fair to say that America need this bill to at least bring some uniformity with rest of the world because it has been the only country adopting the first-invent system of patenting. Two, according to Senator Leahy, America needs an efficient and streamlined patent system if it is to remain in the forefront of the world economy. This patent will bring quality and at the same time discourage counter productive litigations. Senator Berman on his side argued that, there should be no doubt, as to whether the US system of patenting produces high quality patents, and therefore changing the existing patenting practices through the congress is the only way out. The bill also, should not be viewed with suspicion since it was founded and introduced in the two houses on a bipartisan basis. It is also the bedrock of American innovation, and therefore there is great need to protect innovation and creativity, according to Senator Hatch. Financial services industry being one of the major economic players of the United State of America, needs also to standup on its own and voice out their grievances. In addition, financial services institutions like banks and insurance companies have a duty to challenge the patent reforms legislation because they have started to seek protection from infringement lawsuits from patent sharks. This was facilitated through the introduction of financial patents. References; More about patent reforms, available at, 1) http://www.ipfrolmer.com/depts/artic.asp?id=14890deptid=4, accessed on april30 2008 Effects of patent reforms, available at, 2)Http.economictrimes.com/article show/mst 22256,pr+page – 1.cms1) , accessed on april30 2008 Patent reforms for 21st cen. available at, 3) http://www ton.nap.eds/catalog//76.html) accessed on april30 2008 US patent and trademark office, available at, 4) http://www. Upstaged/web/ offices/ac/ido/oeip/taf/h-counts-html accessed on april30 2008 Regulations governing patent application, available at, 5) http://www. Wolf Greenfield. Com/media/news. 9.pdf) accessed on april30 2008 More about patenting, available at, 6)http://www.ipaustralia-gov.au/patents/what_index.sch.html) accessed on april30 2008 Patenting and innovations, available at, 7) Heller, M.A., Eisenberg, R.S. (1998). Can Patents Deter Innovation? The Ant commons in Biomedical Research. Science. Different organizations response towards the patent reform bill, available at; 8) http://dev.bsa.org/country/public%20policy/patents.aspx, accessed on april30 2008

Monday, October 14, 2019

Reflections On The Professional Use Of Self Social Work Essay

Reflections On The Professional Use Of Self Social Work Essay At the heart of social work lies the fundamental belief in human rights, citizenship and social justice (Fook, 2002). Indeed, social workers are ordinarily duty-bound to advocate the principles of empowerment through anti-oppressive practice whilst placing the wishes and needs of clients at the centre of delivery (General Social Care Council (GSCC), 2004; Dalrymple and Burke, 2006). Yet practice is complex not least because the success of any intervention is entwined with the phenomenological attributes of both clients and practitioners (Prynn, 2008). Thus, social work practitioners face significant challenges such as identifying what they contribute to a relationship, how this impacts on decisions and what individual and structural power imbalances influence practice (Fook, 2002). Critical practice is a conceptual tool which affords practitioners the opportunity to engage in transformational practice whilst recognising the value base and social justice agenda of social work (Fook, 2002). This paper will briefly provide a case study of an experience I encountered as a practitioner. This will then be explored through what Brechin (2000) identifies as the three interrelated domains of critical practice: critical analysis, critical reflexivity and critical action. In doing so it will demonstrate how I have engaged with my self to identify what I took into practice and the implications this can have in being a transformational practitioner. On commencing my role as a project worker within a residential home for young people with behavioural difficulties I was introduced to John (pseudonym). John was fourteen and had a history of anti-social behaviour and a criminal history for burglary and assault although all cases were at least two years prior. John was in care because of a request from his parents who no longer felt they could control his behaviour because his reaction to discipline was often non-compliance and violence. His file illustrated him as mischievous, yet comical, with recent signs of improved behaviour. He enjoyed partaking in various hobbies; however, these were often short-lived with him becoming disinterested very quickly. I worked with John for several months and at a case-review meeting Johns parents informed the panel that he wished to take up boxing. His parents supported the idea, as did the Social Worker because it was thought it may inspire some discipline. I objected because of his criminal conviction of assault. However, the Social Worker dismissed this by indicating that Johns wishes were important and that our role was to empower him. Despite my objections it was agreed that John could attend. John soon attended a boxing club organised and operated by two retired policemen. Approximately one year later John was convicted of aggravated burglary with the victim being an elderly woman. The first domain of critical practice, critical analysis, is concerned with how practitioners evaluate evidence, policies, and knowledge to influence decisions (Brechin, 2000; Glaister, 2008). Furthermore, the practitioner becomes conscious of multiple perspectives and the contextual nature of them (Brechin, 2000; Fook, 2002). Chalmers (2003:22) claims that practitioners who intervene in peoples lives have a responsibility to be informed by rigorous, transparent, up-to-date evaluations. Yet Sheldon and MacDonald (2009) note the reliance on robust evidence being available and the practitioners having the time, resources and skill-base to adequately evaluate evidence. Indeed, Fook (2002) argues that it is often in the interests of agencies to prevent such approaches as it may lead to increased responsibilities and higher costs. Placing this experience in the context of critical analysis it is unsure at this point what informed the Social Workers knowledge; however, it was clear that he wished to respect Johns voice. The Social Worker believed John had personal agency and a fundamental right to choose his own life direction. The GSCC (2004) concurs with the Social Worker in-so-far as practitioners should promote independence and respect the clients right to take risks. The Social Worker, as an agent of the state, was further supported by policies such as article 12 of the United Nations Convention on the Rights of the Child (1990:4) which stipulates that any child capable of forming his or her own views has the right to express those views[and this be] given due weight. Indeed, his employer has signed up to this convention (Somerset County Council, 2009). However, practitioners also have an obligation to ensure that these risks are managed and necessary steps are taken to minimise the risk of harm to service users or others (GSCC, 2010). I held an alternative view to protect John, and others, from harm. It is clear that both the Social Worker and I had valid points, thus, being guided by knowledge, policies and theories on their own may result in conflicts about what actions to follow (Banks, 2006). The second domain of critical practice, critical reflexivity, originates from reflective practice and the concept that practitioners learn through experience (Schà ¶n, 1983). However, because reflective practice has limited criticalness (Fook and Askeland, 2006) it often fails to acknowledge deeper processes which impact practice (Fook, 2002). Furthermore, reflective practice can result in negative outcomes such as self-doubt or an acceptance of status quos (Eby, 2000). Critical reflexivity refers to a practitioner who engages in self-criticism whilst being reflective. The practitioner becomes reflexive in questioning pre-established values, assumptions and prejudices (Taylor and White, 2001) and gains an understanding on how this influences negotiated understandings and interventions whilst working across difference (Glaister, 2008; Fook, 2002). Because critical reflexivity permits the practitioner to acknowledge the complex nature of the clients circumstances and their perspective s there is an organic acknowledgement of cultural and social disparities (Fook, 2002). Indeed, Allport (1978:437) concurs and states how practitioners who engage in inwardness are generally less prejudice, are more tolerant in understanding others, and exhibit a desire for personal autonomy rather than for external, institutional anchorage. Critical reflexivity affords me the opportunity to contemplate on how my preformed values and assumptions influenced my perspective. Thus, I needed to consider the opposition I held to Johns participation. As a pre-adolescent child I was bullied in school with a particular individual being prevalent in my memory. This individual attended martial arts which he duly practised on me. Ultimately, this had a significant impact on my belief that violence is wrong. Indeed, in relation to John my assumption was that everyone who attended a power sport had the potential to bully. This was hyperbolised by Johns past and thus my opposition to his partaking. Adams (2009) supports my exploration by indicating how our experiences can have an implicit impact on our decisions and in this instance I can identify how my negotiated understanding had become manipulated by my self. The Social Worker adopted a Kantianistic approach by wanting to empower John to make his own life choices. Indeed, the Social Worker wanted to advocate Johns rights rather than impose carers perspectives which is understandable considering the current agenda toward person-centred planning (GSCC, 20100; Kellett, 2009). However, I felt that as professionals there was a justification in adopting utilitarianistic values because the risk of re-engaging in criminal activities was too high. Yet evidently apparent is neither the Social Worker or I respected each others perspective. However, notably the issues of the Social Workers claims that he wanted to empower John also become apparent. The very notion that the Social Worker wanted to empower John indicates that the Social Worker was actually the one with the power. Yet, the Social Worker has duties and responsibilities beyond the value of empowerment because of his legislated duty to protect John, and others, from harm (Banks, 2006). The final domain, critical action, is concerned with practitioners having a robust skill-base whilst being conscious of its contextual nature. A critical practitioner works across difference to promote empowerment whilst confronting structural oppressions (Brechin, 2000; Eby, 2000). A primary principle of critical practice is the notion that practitioners should be research-minded in understanding the contextual basis of empirical evidence (Shemmings and Shemmings, 2003). Utilisation of the best available evidence is essential to contemporary practice (Sheldon and MacDonald, 2009) and yet despite being a self-evidently a good idea (Trinder, 2000:3), evidence-based practice has faced fierce opposition because there is a risk that practitioners may abandon reflexivity and personal agency for technical rationality (Taylor and White, 2006; Webb, 2001). However, this view has been adequately challenged by commentators who state that evidence-based practice, which actually means evidence-i nformed practice (MacDonald, 2003; Chalmers, 2003) has, when scrutinised, the potential to minimise the risk of harm to service users (Chalmers, 2003). Indeed, evidence-informed practice is the critically appraised synthesis of empirical and experiential evidence (Fook, 2002; Sheldon and MacDonald, 2009). In linking this to my experience with John, it becomes clear that I could not knowingly offer any definitive empirical evidence to support my perspective. However, neither could the Social Worker. In this sense both the Social Worker and I failed to be research-minded. Thus, in opposition to anti-evidence-based advocates, this experience indicates how practitioners can make mistakes when acting on instinct alone. Indeed, a brief search for empirical evidence found a longitudinal study by Endersen and Olweus (2005) which identified how participation in power sports for adolescents with a previous history of anti-social behaviours is likely to result in re-engagement. As John had a previous history of theft, this evidence may well have helped me, the Social Worker, and even John, come to a different decision. Critical action also involves the practitioner developing a consciousness of the often hidden imbalances of power between themselves, agencies and the client (Payne, 2005). Critical practice occurs within the context of theory and consideration of critical theories permits me to understand my construction of power and how this influenced my action, or inaction. For example, Foucault was concerned with language and how discourse can assist professionals to create natural and unchallengeable situations because they are deemed to have knowledge and thus power (Finlay, 2000:85). Indeed, the Social Worker established, chaired and controlled the case-review meeting. Fook (2002) concurs and argues that professionals utilise societal structures in order to suppress service users. Taking my earlier point regarding the construction of the case-meeting further it is clear that it was designed by adults with no real consideration about what John wanted. Indeed it is hard to understand why John, or an advocate, was not at the meeting. Yet, even if John was permitted to attend, it is highly likely he would have faced oppression by being forced to engage with the hegemonic language of adults which he would not have understood, thus he would ultimately been oppressed and possibly disempowered (Kehily, 2009). However, Cocker and Allain (2008) contend that service users have the right to take a pro-active role in decision making processes and suggest that the role of the practitioner is to ensure that service users are fully informed through the provision of concise information. This clearly did not transpire and thus true empowerment was never apparent. In concluding it is evident a professionals self can impact on the everyday lives of service users and practitioners. As practitioners we all have multiple identities which we take into practice. Not only do these derive from our previous experiences, but also our responsibilities as professionals, agents of the states, as employees and of course as statutory creation created to fulfil a role. Indeed, critical practice assists practitioners highlight how their self has been impacted upon from each of these identities and permits the us to make decisions, along with the service user, that are more likely to produce a more productive, and effective, outcome for all. In engaging in critical practice I have been able to identify significant factors which may have contributed to a better outcome. Whether Johns participation in boxing contributed to his re-engagement in criminal activities cannot be realistically measured. However, what is certain is John was disempowered in-so-far as he should have been fully informed. It is clear that none of the three domains of critical practice isolated can work independently, however, the careful and intentional synthesis of values, experiences, evidence and knowledge along with an awareness of structural disadvantage caused by agencies can all have a positive impact on the self and ultimately a practitioners power to challenge practice. I misplaced my power as a morally active practitioner and permitted the Social Worker to make a judgement based on instinct. I could have researched the potential issues of boxing and provided John with more in-depth information in a format he would understand. However, as practitioners we have an obligation to learn from our experiences because a critical practitioner who is engaged with their self is more likely to succeed in becoming a transformational practitioner.