Multiple Choice Tests Strategies for Students

Various Choice Tests Strategies for Students Various decision tests are one of the most mainstream types of evaluation used by study hall educators. They are simple for instructors to develop and score. Acing various decision tests are one section authority of substance and one section able test taking. The accompanying different decision tests techniques will assist understudies with improving their scores on a various decision appraisal. These systems are intended to build the odds of an understudies answer being right. Making it a propensity for utilizing every one of these methodologies on a different decision test will make you a superior test taker. Peruse the inquiry in any event multiple times before you take a gander at the appropriate response. At that point read the appropriate response decisions at any rate multiple times. At last, re-read the inquiry one more time.Always conceal the potential reactions with a bit of paper or with your hand while you read the stem or body of the inquiry. At that point, think of the appropriate response in your mind before taking a gander at the potential answers, thusly the decisions given on the test wont lose you or stunt you.Eliminate answers you know arent right. Each answer you can take out expands your chances of getting the inquiry correct.Slow down! Peruse all the decisions before picking your answer. Try not to expect that the principal answer is right. Wrap up the various decisions, on the grounds that while the first may fit, a last one might be the better, progressively right answer.If there is no speculating punishment, consistently speculate and select an answer. Never leave an answer blank.Do not continue changing your answer; as a rule your first decision is the right one except if you misread the inquiry. In All of the abovementioned and None of the above decisions, in the event that you are sure one of the announcements is genuine don't pick None of the abovementioned or one of the announcements are bogus don't pick All of the above.In an inquiry with an All of the above decision, on the off chance that you see that in any event two right explanations, at that point All of the above will be the right answer choice.Tone can matter. A positive answer decision is bound to be right over a negative answer choice.Wordiness is a decent pointer. Ordinarily, the right answer is the decision with the most information.If all else comes up short, pick reaction (b) or (c). Numerous educators subliminally feel that the right answer is concealed better in the event that it is encircled by distractors. Reaction (an) is generally most drastically averse to be the right one.Stay inside the lines. Be certain that you have filled the fitting air pockets cautiously WITH A #2 PENCIL. Be certain that there are no wanderer marks.Take an opportunity to check your work before you turn in the appropriate response sheet. On a coordinated test, use each second of time that you need to go over your answer decisions however much as could reasonably be expected. On an untimed test, look at everything on numerous occasions.

Urban Outfitters Continuing Case Study Essay Example | Topics and Well Written Essays - 1000 words

Urban Outfitters Continuing Case Study - Essay Example In any case, private ventures are an advantage for any nation and truly upgrade the general GDP. Restricted assets are a test as they directly affect the development of the business on the grounds that there is strain to take care of obligations and focus on development is low. Indeed, even once the underlying venture is made, there probably won't be sufficient money to continue with the every day tasks, and consequently, capital is consistently the principle concern. The area is of most extreme significance particularly on account of the retailer. For the situation study Urban Outfitters chose to center their store openings close to schools with the goal that the understudies looking for out of control plans and utilized garments can without much of a stretch buy in nearness. Area as far as groups and target advertise are elements to be thought of. The closeness and interesting appropriation makes restrictiveness and helps organizations with their specialty promoting strategies. Uti lizing effective human asset is crucial for making an effect on buyers. For the situation study, Richard and Belair, had entrepreuniral abilities and a real enthusiasm for maintaining their business, in this way they worked superbly. Q2) Define what a specialty item is. Give at any rate three instances of specialty products.â An) A specialty item is the one made and promoted for a little however gainful market. It is made for a high potential market which is little in size however productive to provide food. The particular item includes structured are intended to fulfill a particular market (Advantages of Niche Marketing 2009). So as to tap this kind of a potential market, the hole in the market must be recognized. These can be altered things too for instance a cake shop modifying cakes for each person as indicated by their decision. Events are constantly lit up with some delicacy and taking into account a redid market can be productive. Taking into account the first class by only making something can likewise be known as a specialty item for instance a Rolls Royce. Taking into account a specific socioeconomics, class and character all make specialties. An a valid example can be sites that offer types of assistance for explicit classes for instance finding your ideal match on the web, connections and dating. Such administrations satisfy the requirements of thousands of individuals however are exceptionally restricted in its administration and not mass promoted. Q3) Explain why a specialty organization may have a preferred position in a market. Would cost essentially be a preferred position? Clarify why or why not.â A) Customization and restrictiveness makes the significance of a specialty advertise. Other than these variables, fulfilling the requirements of explicit socioeconomics in itself is a bit of leeway on the grounds that the client feels his/her particular needs are been provided food as well. For the situation study, the stores were situated close to schools and the understudies were being focused on, in this way, the offer of utilized garments was recognized as the missing hole for undergrads that have a practical financial plan. In this way, the specialty showcase permits the organization to apply out vitality on contacting the opportune individuals. assets are not squandered in mass showcasing yet are rather centered around serving the little portion of steadfast clients. Cost may not really be a bit of leeway as observed plainly for this situation study. Richard and Belair recognized the requirements of understudies and afterward further expanded their product offering so as to synchronize the interesting feel and look of each store. Numerous organizations on the planet that work in specialty markets do have a bit of leeway over cost, for example, Lexus that produces restricted vehicles and acquires

The Nine Tailors Commentary free essay sample

In this entry from The Nine Tailors by Dorothy L. Sayers, Wimsey, the fundamental character, ascends a chime  ­? tower and bears the stunning vexatious shrills of the chimes. The clangor from the chimes causes him outrageous measures of torment and languishing. All through the section, Wimsey battles to shield the clamor from hurting him as he attempts to scale the spire. Sayers depicts Wimsey’s agonizing circumstance with the utilization of distinctive sound-related symbolism in regards to the stunning clamor of the chimes and with the utilization of exemplification to intensify the size of the ruinous power of the ringers. She is also ready to make a fearful and menacingâ mood in the entry with count to impersonate the ceaseless savage nature of the chimes and with a lopsided passage structure to pass on pressure and to hinder the account of the story. All through the entry, Sayers adds life and substance to the pugnacious sounds utilizing clear sound-related symbolism to make a riotous and savage scene while depicting Wimsey’s condition of agony as he ascends the stepping stool utilizing. We will compose a custom article test on The Nine Tailors Commentary or on the other hand any comparative point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page The utilization of embodiment breathes life into the fierce sound creation route for its staggering cost for Wimsey. The chime  ­? tower comes to and surpasses its cutoff and gets supersaturated, â€Å"drenched and intoxicated with commotion. † Sayersâ personifies the pinnacle as the commotion makes it â€Å"stagger like a smashed man†(Sayers 6- ­? 7) transforming into a totally careless antagonistic being far away from its typical state. Sayers composes of the â€Å"brazen fierceness of the bells† (Sayers 4- ­? 5) ambushing Wimsey’s ears as he first enters the chime  ­? chamber. An impudent confused flood of clamor staggers Wimsey before he even starts ascending the last stepping stool. The â€Å"unendurable sharp clangour†(l. 16) makes the sound-related picture of an unwavering high- ­? pitched resounding sound. The sound at that point gets away from the domain of straightforward clamor and crosses into the class of shear torment as wimsey’s â€Å"ear- ­? drums wereâ cracking. †(l. 14) Any endeavor to obstruct the agony demonstrates useless as the fuss overwhelms Wimsey rendering him frail against such savage powers. Sayers thinks about the commotion to a â€Å"sword in the brain†(l. 10), as if the strong clamor gradually punctures his skull. Regardless of whether â€Å"pieced through and buffeted† (l. 8) or â€Å"head dizzy[ing] and stomach retch[ing]†(l. 21), Wimsey surrenders and succumbs to the commotion. What's more, the torment psychologically affects the character as his â€Å"senses swam away†(l. 14- ­? Michael Abushacra English SL 15) and he appears to be lost in time on the stepping stool blasted by unadulterated perpetual commotion. One sense, his hearing, gets to such an extent data, that every other sense appear to dull away and leave him weakened. The commotion and agony additionally causes lost understanding when Wimsey â€Å"felt as opposed to stepped†(l. 25) onto the rooftop. Shocked, he can't separate his activities rather he just feels with one of his last cognizant faculties. Wimsey’s introduction to the clamor just underlines his shortcoming in the entry demonstrating how a lifeless power causes him so much agony and languishing. It is likewise qualified to take note of the hugeness of the last sentence in the entry. Initially, the â€Å"demoniac clangor†(l. 26) and torment fill the ringer tower yet remotely, the commotion â€Å"transmute[s]†Ã¢ into an amicability. The possibility of equivocalness of outer magnificence emerges in sound or feel and whether that excellence emulates inside. What sounds or looks lovely on the outside might be interminably more terrible on the inside. Since the impact of the clamor takes such a cost for Wimsey, Sayers fabricates pressure in and paving the way to the torment while additionally hindering the story during his agonizing undertaking utilizing movement of occasions, count and a lopsided passage structure. Pressures work when Wimsey enters the chime chamber making a steady crescendo of occasions. As Wimsey advances toward the chime chamber, he â€Å"pass[es] sweatingâ ringers†(l. 2- ­? 3) or the systems of the ringer  ­? chamber. The possibility of â€Å"sweat† fabricates strain and hints the approaching passageway into the chime  ­? chamber. Sayers makes a feeling of acceleration before Wimsey enters the chime  ­? chamber through the notice of sweat or tension and afterward the fast â€Å"brazen fierceness of the bells†(l. 4- ­? 5) that falls onto his ears when his head ascends into the chamber. Once Wimsey enters the chamber, pressures work as he â€Å"clings urgently to the ladder†(l. 8) and afterward feels the blood â€Å"swelling†(l. 11) in his mind to a â€Å"bursting- ­? point†(l. 11) until he at last feels his â€Å"ear- ­? drums†(l. 14) breaking. The undeniable crescendo of situations develops as Sayers goes on to delineates the shear torment Wimsey perseveres. Also, the impact of the commotion hinders the account as Sayers puts more accentuation on Wimsey’s physical and mental torment. Sayers separates the second when Wimsey ascends the stepping stool and extravagantly communicates the turmoil and brutality. A lopsided passage structure causes and Michael Abushacra English SL stressed this breakdown in story. In the principal shorter passage, the story is increasingly liquid as Wimsey advances past the perspiring ringers, â€Å"climb[s] again†(l. 3) and the clamor falls upon him yet not to its full impact. Actually, in the second passage Sayer’s communicates the full impacts of the clamor on Wimsey which converts into a bigger segment of content containing and exploiting the numerous sound-related pictures and exemplifications referenced before. In this passage, Sayers uses the possibility of specification or the posting of numerous impacts the sound has on the poor kid while composing: â€Å"a granulating, beating, ran- ­? dan, insane, painful torment. † (l. 13) This list prolongs the account and includes a feeling of excess integrating with the way that the chimes ring at such a dull way, much like the shrill sustainedâ shrill referenced before. The considerable impact the ringers have on Wimsey makes him unfit to move and crippled by their uproarious savage nature, along these lines hindering the account and expanding the section size. After the experience, Wimsey exits the chamber onto the rooftop and the pace of the account gets in spite of the fact that remainders of the torment wait are as yet present. Sayers unmistakably depicts Wimsey’s critical and agonizing circumstance climbing the ringer tower through striking sound-related symbolism and embodiment. Not exclusively do the ringers paralyze Wimsey yet they likewise separate the account and broaden the section structure. A solitary momentâ freezes as Sayers stretches and analyzes it to uncover the various impacts the ringers have on Wimsey. The possibility of a strict connotation to this entry additionally exists. The referencing of â€Å"demoniac†(l. 26), â€Å"assault of devils†(l. 16) and â€Å"sank once again into the pit†(l. 26) unexpectedly alludes to damnation when many ringer towers are situated on temples or spots of love. The sound withdraws once again into the pinnacle looking like the fiend withdrawing once more into hellfire. In spite of the fact that religion isn't predominant all through the whole section, the possibility of the sound turning into a physical power and hurting someone delineates a celestial association between the lifeless and the living.

Elephant Noises free essay sample

Sixteen months back, the now-resigned band executive gave me a dark case and stated: â€Å"It’s an alto saxophone. You’ll play in the walking band in September.† It was June! In the three months before band camp, I needed to get the hang of everything: key fingerings, scales, quarter notes, eighth notes and tons of sixteenth notes. I was overpowered, yet I had never abandoned anything and wasn’t going to begin. That entire summer, I secured myself my room and rehearsed until my lips drained. In the long run, rather than noisy, blasting clamors that seemed as though rushing elephants, I began interfacing expressions and making music. I had instructed myself to play the saxophone! By the most recent seven day stretch of July, I was feeling really certain, however when I strolled into the band room, my brain went clear. Notwithstanding being wracked with nerves, I learned about left of the â€Å"band bond† that every other person appeared to share. We will compose a custom paper test on Elephant Noises or on the other hand any comparable theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page I got resolved to demonstrate that I could proceed just as every other person. During camp I worked more earnestly than at any other time, this time on the drill. I broke down each progression and featured the drill sheets. Each proportion of my music was set apart with the means. For about a month I pushed more diligently than I at any point thought conceivable. My most serious issue end up being walking and playing simultaneously, which, sadly, is unavoidable in walking band! While some portion of me was certain I could never ace this, the obstinate piece of me was too resolved to even think about calling it stops. At that point one night, I stunned myself by walking and playing simultaneously! I about moved out of development, I was so cheerful! At the point when the last Friday in August showed up, the evening of the principal game, I was as yet apprehensive. You would have felt that my sax had a vibrato, I was shaking so hard. I was resolved, however, and concentrated on what I realized I could do. At the point when the show finished, I barely acknowledged it. I prepared for action, each muscle in my body doing precisely what it should, aside from my face muscles. I was smiling from ear to ear. It was probably the proudest second. As the football season proceeded, I streamlined my exhibition and reinforced with different performers. I was fulfilled, and glad for myself. As we boarded the transport after the last game, I could scarcely hang tight for next season. I kept on playing in show band, and as school let out, I discovered August sneaking up on me. That late spring, I worked just as hard as I had the prior year. This late spring, in any case, the band was advised to remember our music. Before I could even say, â€Å"I can’t!† I chose to substantiate myself wrong, which, after much practice, I did! With long stretches of persistence, I figured out how to understand the new material. In any case, on the main day of band camp, I felt precisely as I had 365 days prior. This year, however, I felt progressively a piece of the troupe, and it was anything but difficult to cooperate as a group. Once more, the last Friday in August showed up. At that point it was halftime and out of nowhere, there I was with the walking band prepared to begin the show. That field show demonstrated a defining moment in my life. Since I didn't have music three crawls before my face, I had the option to see not just where I was going on the field, yet in addition throughout everyday life. By the last note, I understood the amount I had developed during the previous year. Until 16 months prior, I had never truly battled with anything, however taking in something without any preparation, essentially all alone, caused me to understand that not all things will be simple. It has become certain that in the event that I need to succeed, I should attempt new things and face enormous challenges. Working with different instrumentalists additionally instructed me to be a piece of a group and permitted me to depend on others, which I have consistently been hesitant to do. I have contributed unfathomable time, sweat, tears and heart in playing the saxophone in walking band, which has pushed me as far as possible, genuinely, intellectually and inwardly. I have figured out how to free myself up to each part of another experience. I have learned exactly how far assurance, devotion and grasping an objective can take me. I have learned not exclusively to support myself, yet in addition how to depend on others. The exercises I have learned in walking band will help me throughout everyday life, and I am appreciative for the opportunity to have learned them.

Essay --

1.0 Introduction Advanced data in China characterized as data or records that are made in computerized gadget and condition, additionally in advanced configuration utilized gadget, for example, PC for access and procedure it (Liu, 2013). As indicated by Voutssas (2012), computerized safeguarding is the way toward keeping up advanced data utilizing innovation as indicated by set up arrangements and methodology as told by InterPARES (2006). National Archive of China and Latin America confronted a few issues so as to build up long haul protection of computerized data. Conservation of computerized data is one of the exercises that face with numerous issues than to print or other material configuration. The principle issues are mechanical and monetary that will impact the way toward saving advanced data. For the innovation deterrent, it’s related with the product, equipment, and furthermore working framework that data may get inaccessible and unfeasible and the cost utilize become high than others. Long haul conservation implies that protection that builds up for extensive stretch of times and need additional expenses and faculty. 2.0 Discussion That’s critical to protect the computerized data in light of the fact that to guarantee that data still dependable and valid for what's to come. This is on the grounds that the data in document has suffering worth and go about as proof for certain occasions. In any case, it’s difficult to save advanced data since they need master to oversee it and will confront a few issues. 2.1 Cultural Social issue absolutely about the attention to individuals and organization in keeping up computerized data by saved them. That’s mean individuals in foundation or association in China and Latin America absence of mindfulness about the significant of pre... ...need to think the approaches to defeat the issues that exist while build up conservation for computerized data or materials. The primary issues that ought to be defeated are innovation and cost issue. That’s issue related each other in light of the fact that so as to safeguard computerized materials, they have to utilize innovation and guarantee need master individuals to oversee innovation that they use and the cost will high. Other than that, the administration ought to set up approaches and systems and offer punishments to whose not follow those arrangements in safeguarding advanced materials. This is to guarantee that the materials safeguard in legitimate manner and keep up for group of people yet to come and the validness of the data despite everything exist. Crisis plan additionally need to get ready so as to forestall that computerized data harm while calamity, for example, reinforcement or make duplicates and store in other capacity media.

Income Recognition in the Motion Picture Industry - 1925 Words

Income Recognition in the Motion Picture Industry (Coursework Sample) Content: INCOME RECOGNITION IN THE MOTION PICTURE INDUSTRYName:Institution: DateExecutive summary The study gives a brief summary and key issues that center the motion picture industry. Using the Warmer Brother Production Company as a reference point, the study shall analyze marketing and income recognition of a recent movie, Absence of Forethought, produced by the company. In order to understand the current market structure and revenues (cash inflow and outflow) in the motion picture industry, the value chain of theatrical motion picture present a summarized outlay of the phases in the production of films. The value chain is sequential in nature and comprises of four distinct stages; production, distribution, exhibition and consumption.The quality and uniqueness of the project in production phase, proper channel of distribution and exhibition determines the consumption of the movie. Hence, the level of consumption determines the income and revenue generated by the motion pict ure industry. For the purpose of analytical understanding of income recognition, the study has developed a case study of a major distributor in the motion picture industry, Warner Brothers Production Company. Absence of Forethought is a movie that is expected to be successfully distributed to all available markets. The movie has been produced by the Warmen Brothers Company under the four phase of production and the four stages of value chain. Due to technological advancement, several market segments have emerged such as cable network and broadcast networks. The market segments provides an important interlay in recognizing the income or revenue of the motion picture industry. Warmen Brother Production Company is one of the major distributor or studio that has been used a reference point of understanding the whole concept of income recognition.Introduction Based on the recent statistical and academic research, the motion picture has marked a high economic importance in the global econ omy. In 2004, the research shown that the industry employs over half a million people within the boundary of United States of America. During the period, its expenditure on the theatrical tickets was approximately $9billion and $11 billion in United States of America and international respectively. (PWC, 2009) The rate at which people are accessing, pay for and consume the entertainment products is increasing providing a great market platform for the revenue sourcing of the motion picture. Furthermore, the advancement of technology has shifted consumer demand to the extent of impacting financial issues from production to distribution of the entertainment products. As a result, the issue of revenue recognition becomes complex and subjective for the motion picture industry. (PWC, 2009)Despite the fact that motion pictures sudden development and technological advancement has presented exciting opportunities in the production of the film content and product exploitation, they have pose d new challenges in financial accounting relative to its revenue transaction. As such, the study tries to give a brief summary and key issues that center the motion picture industry. Using the Warmer Brother Production Company as a reference point, the study shall analyze marketing and income recognition of a recent movie, Absence of Forethought, produced by the company. For the last two decades, the motion picture industry has taken over the global entertainment market. Such significant changes have been as a result of media rights reformation and technological advancement. The birth of the television industry during the 1960s has presented a wide market segment of the motion picture. Segments such as broadcast networks, cable networks and local TV stations have a major influence in the income recognition of the motion picture industry. In order to understand the current market structure and revenues (cash inflow and outflow) in the motion picture industry, the value chain of thea trical motion picture present a summarized outlay of the phases in the production of film. (Eliashberg Elberse, 2005)The value chain is sequential in nature and comprises of four distinct stages; production, distribution, exhibition and consumption. Each stage of the value chain entails participation and involvement of difference individual and entities. Generally, the whole process of presenting the final product to the final consumer entails a competitive platform associated with the integration of difference individual, facilities and activities. Independent production companies, major studios, independent distributors, smaller regional art houses and exhibitors as well as major national exhibition chains. In summary, functions such as financing, producing, distributing and advertising are implemented by the studio in play. Therefore, for the purpose of understanding income recognition, a brief summary of the four stages of value chain is a following.Production The production stage is complex and sensitive area of determining market performance of the film concerned. As a matter of fact, uniqueness of the development process has been characterized by the succession of creativity and imagination based on both psychological and economic approach. The production or development process commence with the acquisition of the story rights. The issue of story right is based on the new idea, literate property or a true event that starts from a script writing to a completed screen play. During the stage, the issue of financing provides a challenging process especially when there exist no pact or deal between the producer and the studio. As such, producer is obliged to source finance from external source. In the process of sourcing funds, the issue of production budget comes into play whereby recruitment of directors, cast, costume and sets design, shooting location and cost selection, among other things are considered. The production budget during the post-producti on entails financing possibilities, star salaries and other post production expenses. Success of the preproduction stage gives room for the next stage known as actual production. The stage entails shooting of the film and it normally lasts a few months. Editing, creating special effects, dubbing and adding music are some of activities that mark the post production stage. Based on the description of the production phases, the process has been highly applied by the U.S movies (Hollywood). As a result, the Hollywood movies dominates the international theatrical markets hence more revenues compared to the domestic market.Distribution Once the production phase has been completed, the project or product is ready for the distribution. Distribution entails marketing activities and physical distribution of the product or prints to the individual audience or theatre. The studio concerned or distributor are responsible for every decision made in relation to the marketing and distribution activ ities involved. Activities such as release date and media of advertising are major concerns in the distribution stage. As mentioned earlier, the distribution stage entails integration of different individual and families. In other words, distribution stage consist of the major and independent distributors. Colombia, paramount, Twentieth century fox, Warner Bros and Buena Vista are some of the majors distributor or studio. The mentioned major studio or distributors normally fiancà ©, produce and distribute their films without involving third parties. The major studio may takeover or assist distribution of the products produced by the independent studios. The metric of performance of the distributor is the United States theatrical box-office gross. It is an indicator of sales potential and performance of home video, freeing theatrical and pay television revenues. The metric provides a stronger emphasis on the reflection of revenue than profits in the motion picture industry. Accordin g to the measurement criteria of the metric, a movie that yield a revenue of over $100 million in the theatres is considered a blockbusterExhibition The main driver of a film success in all other windows either domestic or foreign is the theatrical performance. Theatrical performance or theatrical exhibition is the critical factor used in persuading the persuading the public to see what they want. Also, exhibition determines the value of the movie in the market by presenting quality and duration of the movie. Exhibition is defined by the combination of the media attention, word of mouth communication and advertising. Due to the technological advancement, the exhibition sector has grown due to improved procure and sound presentation of the screens. The use of multiplexes and mega-plexes has given exhibitors an opportunity to effectively and efficiently utilize their real estates and offer a wide variety of movies to the final consumers.Consumption The quality and uniqueness of the pr oject in production phase, proper channel of distribution and exhibition determines the consumption of the movie. Hence, the level of consumption determines the income and revenue generated by the motion picture industry. At this level, the motion picture have no internal control over its product consumption. It is only during the distribution and exhibition stage that the motion picture industry can influence the level of consumption of their movie through different market segments.Warmen Brothers Production Company Absence of Forethought is a movie that ...

Fifth Grade Narrative Essay Tips

Fifth Grade Narrative Essay TipsThere are several ways to prepare a Fifth Grade Narrative Essay. Some of these methods have become more popular than others, and this is something that parents and teachers should consider before deciding which method to use. Below, we will discuss five tips for preparing your students for their own Fifth Grade Narrative Essay.The first way to prepare for your Fifth Grade Narrative Essay is to write it yourself. If you do not have a lot of experience in writing, you can hire someone to help you out. The first step in this process is to take some time to get familiar with the format.This means that you have to write what is known as a 'Storyboard,' or a visual representation of the story you want to tell. Your Storyboard will be your guide for how the story will look when you are finished with it.By beginning to work on your Storyboard, you will be showing your students how important structure is to tell a good story. They will also see what it takes to find the right words to make a story exciting. They will see that if they follow the structure of the story, they will learn how to write a well-constructed story.In addition to having an easy-to-read Storyboard, there are several tips for writing a Fifth Grade Narrative Essay. These include the following:o Keep all of your adjectives clear and precise. The last thing you want to do is ruin your students' comprehension by using bad verbs, and with unnecessary adjectives.o When choosing your subject matter, be sure that you choose one that is both interesting and easy to understand. While that is very important, it is equally important to think about how well your student will be able to relate to the story you are presenting.

The Cost Of Having A Baby - 2224 Words

The Cost of Having a Baby Tiffany Jones November 16, 2014 HCM 615 Health Care Finance Dr. Donald S. Brady There are many things in life are great gifts, and being a parent is one. Getting the news that you are expecting a child is a speechless moment. It is a very joyful occasion and everyone is happy about what to expect over the next nine months. Baby names start flowing and in every magazine you are looking at outfits and furniture and things of that nature. But has anyone stop to think about what is cost to have this baby? What medical expenses that will be incurred during this forty weeks process. The answer is no. No one probably really cares but the hospital and the insurance company. Now it’s time to take a look at some of the cost behind the blessing of labor and delivery. The amount that a mother will incur to have her bundle of joy will depend on many different factors. One may take into consideration where you live, whether there are any complications and whether mommy has a vaginal birth or a C-section. But just to take a glimpse inside this world, here are a few figu res that may surprise you. For prenatal care and delivery, the cost in some areas can range from about $9,000 to over $250,000 (Alfieri, 2012), which is quite a wide range, if not more. This is without the privilege of having insurance to cover. Even with the privilege of having health insurance, the majority of these expenses could be covered, but that’s not always the case. ItShow MoreRelatedMedical Ethics : Medical Ethical Dilemma Essay878 Words   |  4 Pagesme because it dealt with a baby in the neonatal intensive care unit (NICU) born at twenty-four weeks’ gestation, weighing nine ounces. I want to be a NICU nurse so I am sure I will be faced with an issue similar to this at some point in my career. 2. What are your feelings about this dilemma? Are you for or against? 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Designer babies are babies that have their genetic make-up selected for them by their parents and are born to look specific to what the parents chose. It’s a great idea! This is an amazing option to choose for many other reasons than to have a beautiful baby! You can choose the eyes, nose, mouth, and head shape. You can choose the skin col or, height, and gender, (yes, you can choose whether or not to have your divaliciousRead MoreTeenage Pregnancy Sections I And II1738 Words   |  7 Pagesare not prepared for these responsibilities. ïÆ'Ëœ TS: When teens have babies at such a young age it comes with challenges and expenses. ïÆ'Ëœ TS: Continuing their education can be challenging as well. Introduction: o Samantha, a fourteen year old teenager became pregnant in High School. The teen didn’t realize she was pregnant with twins. Samantha’s body was too weak to carry both, so she lost one of them. Burying one of her babies at such an early age was devastating. Samantha was faced with severalRead MoreThe Booming Birthing Business Essay1451 Words   |  6 Pagesto the hospital to deliver since it’s inception. What’s the lesser known fact about giving birth at home is that having a home delivery ,for a mom having a normal and healthy pregnancy, is much more safe for both mother and child. More women should have home births over hospital births because giving birth at the hospital causes an interruption in the mother/baby bonding process, the cost of hospital births is ridiculously high, and most intervention at the hospital is not only unnecessary, but potentiallyRead MoreAbortion Essay750 Words   |  3 Pagesmurders an unborn child, causes guilt for the mother’s decision to end her pregnancy and may cause problems to the mother’s health; abortion is irreversible that child will not have life. Some women having an abortion can suffer from damage to the uterus, internal bleeding including having pieces of the baby left inside her body causing difficulties. By means of ending the pregnancy, the mother may experience regret and psychological problems after abortion. The pregnancy should not be terminated dueRead MoreEssay On Breast Is Best1206 Words   |  5 Pagesbest for their baby. Once a couple discovers they are having a baby, there are many decisions that need attention.There is the matter of disposable diapers versus cloth diapers, a crib versus a bassinet, or arguably the most important decision, breastfeeding versus formula. This issue is one of the most import decisions for a parent to make.Breast milk is much healthier for a baby, according to many studies and research. There are many benefits of breastfee ding, including making babies healthier andRead MoreEssay on Teenage Pregnancy and Prevention1320 Words   |  6 PagesThe public sector cost in 2004 is $950 million dollars for teenage births (Hoffman, 2006). Billions of taxpayer dollars are spent every year to care and support teenage births. Although teen pregnancy has declined in the past, the United States is still number one out of all industrialized countries of teen pregnancies. Therefore, implementing an in depth sex education class covering parenting in schools will allow teens to fully understand he consequences of having protected or unprotected sex.Read MoreWhy Breastfeeding Is The Best Choice For Mom And Baby938 Words   |  4 Pagesalcohol. They pick up new healthier eating habits and baby proof the house. Buy the safest crib and car seats. Read all the reviews on which diapers are best quality. All because they want the best for their precious little bundle of joy. How they choose to feed the baby is no different. While breastfeeding can be time consuming; the minimal cost, ease of convenience and added health benefits are why breastfeeding is the best choice for mom and baby. Breastfeeding not only requires very little financialRead MorePreparing For Baby s Arrival1487 Words   |  6 PagesPreparing for Baby s Arrival - Tips to Ensure a Well-Planned Pregnancy and Delivery By J. O Neil | Co-Author: K. O Neil | Submitted On July 19, 2012 Recommend Article Article Comments Print Article Share this article on Facebook 1 Share this article on Twitter Share this article on Google+ Share this article on Linkedin Share this article on StumbleUpon Share this article on Delicious Share this article on Digg Share this article on Reddit Share this article on Pinterest You are going

Imperialism and Existential Freedom in Works Such as...

When people think of the concept of imperialism, they usually view it as something that pertains to government. Even the first definition of imperialism in the dictionary is â€Å"imperial state, authority, spirit, or system of government† (Webster 729). However, imperialism encompasses so much more than this. In comparing the resonations between Joseph Conrad’s Heart of Darkness with Johann Goethe’s Faust, one can see how imperialism affects the political, the social, the psychological, and the spiritual, especially within the past 200 years. Stemming from this is man’s existential freedom, his â€Å"mechanical and lifeless existence in society†, explored in Fyodor Dostoevsky’s â€Å"The Grand Inquisitor† and Herman Melville’s â€Å"Bartleby the Scrivener†.†¦show more content†¦For example, when Marlow sees the manager, who is the epitome of imperialistic evil, abusing a young boy, Marlow does not do anything. H e thinks to himself how horrifyingly wrong it is, but he just walks away accepting what is happening. In the end, Marlow is symbolic of those few people, in the past and present, which can see all of the materialistic and selfish corruption that is rampant in the world and realize how wrong it is. Most of these people, as Marlow further represents, do absolutely nothing to bring about change, instead just accepting what is and letting it happen. The imperialism in Faust stands out very much. It is pretty much the simple fact that Faust sells his soul to Hell because of his won hubris. This one act is a great representation of all imperialism. Countries sell their souls so that they can gain power. The soul is what makes one human and contains all the human emotions such as compassion and love. Without a soul, one is an empty mass of flesh; the flesh may still appear the same on the outside, but inside there is nothing. Very much in common with imperialism is the concept of manâ €™s existential freedom. In â€Å"Bartleby the Scrivener†, a man known as the Lawyer has already hired many different copyists, or scriveners, named Nippers, Turkey, and Ginger nut. These copyists do their jobs like perfect machines and are completely loyal to whatever the Lawyer wishes. Then comes a scrivener named

The Music Industry Essay - 1169 Words

Steve Jones in the article Music and the Internet suggests that popular music as well as academic articles relating to popular music were created and distributed by people who didn’t completely understand the idea of the music industry. He ultimately suggests that today compared to the introduction of popular music, a growing number of consumers are using the Internet to attain music. The internet has drastically changed the distribution systems also creating many ethical problems that werent found in the music industry before the internet. Because the internet started making a presence in almost every single business, it was almost no question that the internet is bringing about some changes in the music industry; a billion dollar†¦show more content†¦He has made a lot of dynamic presentations to scholarly and business events about the Internet and social change that it gave to music, and about the internets ethical and the appeal to everyday families. He is also an editor of the New Media Society, which is a global journal of research on up and coming media, technology. Most of Steve Jones writing is very impactful because he uses so many real life situations that give the reader that much belief in what he is saying. â€Å"Music and the internet†, is one of his most famous because it shows our generation the talent that was dominated by the beginning of popular music. The article starts of saying The fact is, if you want to make a difference in music, you have to change the machine. This undeniably gives justice to what Steve Jones wants to portray with this article. Throughout the article, the words power over sound is used to describe what the writers and performers of early popular music believed in. The article goes to say the beginning of popular music was the beginning of a new world, in the 1850’s many of the restaurants had a dance floor usually in the middle of the restaurant. Ironically Blues and Jazz were played by Black Americans who wrote and performed them at such restaurants; Steve Jones was quick to point out the ironic side of having black peopleShow MoreRelatedThe Impact Of Music On The Music Industry931 Words   |  4 Pagestechnology is actively changing the music industry. Production, distribution and sales of music have been affected dramatically within the last 10 years along with artists, composers, and technicians. Most of the changes have been great for consumers, but vastly negative for professionals in the music industry, however a few artists have found ways to adapt to the changing atmosphere of digitally downloaded music and use it to their advantage. We’ve seen music change form from physical, tangibleRead MoreMusic Industry : The Death Of Music Essay1064 Words   |  5 PagesTitle: Music Industry: The Death of Music Topic: The idea I want to talk about is the music industries. Purpose Statement: To inform the audience about the corruption of the music industry and how they are cheated out of their money. Audience Analysis: A. Demographics: The audience is demographically characterized as having both male and female Michigan State University students within the age group of 17 and 24. As well as being ethnically diverse. As a result, I think that the demographic ofRead MoreThe Effects Of Music On The Music Industry1500 Words   |  6 Pagessurvive in the music industry without a record deal. Thankfully, that has changed and it’s now easier than ever to create and distribute music without a major record label. But there still isn’t a free-for-all market where the music maker can be as free as they want, and maybe not as easy as it should be to reach out to an audience. The fact that music often is received differently in our society depending on the genre, is something we all know of but might don’t recognize. In any industry where moneyRead Moremusic industry2159 Words   |  9 Pageslisten to music for a variety of reasons. Some listen to music to relax in which it serves as a sort of escape from everyday life, some because they are a fan and follow a certain artist, and others because they can relate the lyrics to their own personal experiences. Whichever the case may be, music has and continues to serve an important role in people’s lives. Music has been circulating the air across many cultures for centuries; however, in the last 50 years, the music industry has becomeRead MoreMusic Piracy And The Music Industry1833 Words   |  8 PagesIf you ask people about the state of the music industry, you’re more than likely to hear something along the lines of â€Å"the music industry is dying†, and in some ways, this is true. Music piracy has definitely harmed the music industry for the worse, and continues to be a threat, as according to Digital Music News internet piracy grew 44% from 2008 - 2014 (Steele, â€Å"If You Think Piracy...†). Numbers like that just simply aren’t good for the music industry, as each example of piracy is an example ofRead MoreThe Effects Of Music On The Music Industry2013 Words   |  9 Pagesaround the world have enjoyed music in their everyday lives. Whether it be rock, hip hop, classical, or country, artist in every genre have put their heart and soul into creati ng the ear stimulating music that we have come to tap our feet and sing along with each and every day. That being said, a major problem is occurring in the music industry.Artist in today s music world are getting paid a fraction of what they should be getting paid when it comes to the music that they create for consumersRead MoreMusic Industry And Practice Music Production1726 Words   |  7 Pagesthis essay with the same, â€Å"I knew I wanted to be music ever since I was a little girl†, line in which you’ve probably heard over a thousand times, but I can honestly say that music has been the only passion I have continuously stuck by. I began writing songs when I was nine years old and I knew then that this was something I wanted to pursue. Therefore, when I heard there was an opportunity for me to learn about the music industry and practice music production, I couldn’t help but to apply. I thinkRead MoreThe Impact On The Music Industry1240 Words   |  5 Pag esProfit, While Creators Barely Get By Music streaming sites, such as Pandora and Spotify, have a negative impact on the music industry as a whole. Streaming affects more than just the music business itself, it astronomically decreases industry revenues, steals from and devalues the worth of the creators and their content, and is run from a poor business model that is only profitable for streaming companies. Not only do streaming sites directly disturb the music industry as a whole, but they also affectRead MoreThe Recorded Music Industry1602 Words   |  7 PagesThe recorded music industry is currently experiencing difficulties unimaginable during the 1980s, which were a period of growth, consolidation, and technical advancement. The album sector was still strong across the industry, something that became a financial boom from the mid-80s onwards with the advent and subsequent popularity of compact discs (CD). CDs became the dominant carrier of recorded music and quickly superseded vinyl albums. This was a major fillip to record companies, as fans boughtRead MoreMusic Industry Essay1009 Words   |  5 PagesMusic Industry Essay Introduction A i: I am going to be looking at the music publishing companies Universal Music Group, Inc. (UMG), one of the biggest major labels in the music industry and Beggars Group Limited, (BGL), a powerful UK independent label. UMG own and administrate VEVO and in recent news Google Inc. is reportedly looking at investing a 10% stake worth  £42million. The deal has not yet been signed but it is said that it will include a renewal agreement that will see VEVO

HSC English Essay - Belonging - 1392 Words

How have your set text and two chosen texts represented different perceptions of belonging or not belonging? Obtaining a sense of belonging is an intrinsic desire inextricably linked to our human nature. However, the inherent yearning to identify with a society, personality or context; can ironically lead to the compromising of one’s values that in turn hinges our sense of belonging. Such paradoxical interplay between a sense of connection and a loss of self is evident in Emily Dickinson’s poems I Died for Beauty; I had been Hungry all these Years and This is my Letter to the World, David Grossman’s reflective essay Writing in the Dark and Jason Reitman’s film Up in the Air. All three composers highlight the impracticality of humanity’s†¦show more content†¦Dickinson’s This is my Letter to the World raises tension between exclusion and the human conditions’ longing for belonging. Dickinson’s â€Å"letter to the world† is an extended metaphor of her deliberate attempt to establish an affinity with her society through ar t- her literature just like Grossman’s essay. Her vulnerability and isolation, is evident in her personal tone with â€Å"my letter† being exposed to the wider â€Å"world†. This disclosure juxtaposed with the next line â€Å"that never wrote to me† further emphasizes her reality filled with isolation. The juxtaposition encapsulates her position as an outsider, interplaying the themes of inclusion and exclusion, seen through her desire for her art to be reciprocated and appreciated by the open distant world. Furthermore, Dickinson covets for a sense of connection through the reoccurring motif of the natural world, personifying â€Å"her† as a feminine persona with a nurturing capacity emphasizes through the accumulation of endorsing imagery â€Å"tender majesty†¦ hands I cannot see†¦for love of her†. Despite her lack of relationship with her environment, she elevates nature to be majestic further denigrating her own self status as her writing will still be â€Å"judged† no matter how â€Å"tenderly†. Thus Dickinson seeks a sense of belonging through nature deriving from the human condition, yet in this driving process towards inclusion is met by exclusion from her sense of identityShow MoreRelatedBelonging Essay4112 Words   |  17 PagesHSC Subject Guide Belonging 2009 HSC: Area of Study – English - related material English HSC 2009 - 2012 is Belonging. What does belonging mean? From the Oxford Dictionary and Thesaurus: belong, verb, 1) to be rightly put into a particular position or class; 2) fit or be acceptable in a particular place or environment; 3) belong to be a member of; 4) belong to be the property or possession of. Belonging, noun, affiliation, acceptance, association, attachment, integration, closeness, rapport,Read MoreBelonging- Connections to Place1700 Words   |  7 PagesBelonging Essay 2011 HSC Question Question 3 (15 marks) Explore how perceptions of belonging and not belonging can be inï ¬â€šuenced by connections to places. In your response, refer to your prescribed text and at least ONE other related text of your own choosing. The prescribed texts are listed on the next page. Word Length: 1200 words A sense of belonging is an essential part of the human condition; it is a desire shared by all. Belonging refers to the ability of an individual to ï ¬ t in a speciï ¬ ed placeRead MoreBelonging Essay2272 Words   |  10 PagesHSC   STUDY   BUDDY    1       ADVANCED   ENGLISH   CONTENTS    PAGE:   BELONGING    BELONGING   ESSAY   Ã¢â‚¬â€œ   PAGES   2- ­Ã¢â‚¬ 3    BELONGING   SHORT   STORY   Ã¢â‚¬â€œ   PAGES   4- ­Ã¢â‚¬ 5       1        BELONGING   ESSAY    Perceptions   of,   and   attitudes   towards   belonging   are   varied   and   complex,   with    individuals   shaped   by   their   social,   historical   and   cultural   contexts.   Despite   being    inherent,   a   sense   ofRead MoreStrictly Ballroom Essay- Belonging2451 Words   |  10 PagesEnglish essay: People have the longing to belong and to be accepted by a group or community. A sense of Belonging can emerge from the connections and acceptance we have with other people, communities and the larger world. These ideas of belonging are represented in texts which explore aspects of belonging and an individual’s potential to challenge or improve a community group. The film ‘Strictly Ballroom,’ directed by Baz Lurhman, the film ‘Looking for Alibrandi’ directed by Kate Woods and the exaggeratedRead MoreContemporary Issues in Management Accounting211377 Words   |  846 Pagesvarious distinct external cost management techniques that create cost reduction pressures across the buyer–supplier interface. 6.3.2 THE SEVEN COMPANIES We studied the external cost management programmes at seven Japanese manufacturing companies, belonging to three diVerent supply chains (see the Appendix for a short description of each company). Komatsu was selected because of its reputation for eVectively managing costs across its supply chain. Toyo Radiator was chosen because it had a particularly

Free Essay Sample On Parol Evidence Rule

Question: Write an essay onparol evidence rule. Answer: The parol evidence rule refers to the rule of the substantive common law that applies in those cases of contract where any party is prevented in any written contract from making the presentation of the evidence that is extrinsic and makes the disclosure of ambiguity. The parol evidence rule also makes the clarification or makes the addition to terms of the contract that is written as a whole. The term parol is derived from the Anglo French and Anglo-Norman system that means oral. The primary rule of the parol evidence system is that as the parties to the contract reduced the agreement to a genuine agreement that is written, the extrinsic evidence of the agreements in the past or any such terms should never be considered during the interpretation of the written contract. In the simple terms, no party to a contract can make the use of the terms that is made before the written contract to make to make the contradiction of the term that is written. The rule of parol evidence is often con fused with the general evidence rule. But in the real terms, it is not the case. In the case of State Rail Authority of New South Wales v Heath Outdoor Pty Ltd(1986) 7 NSWLR 170, NSW Court of Appeal, at 191, the Court held that the rule of parol evidence shall never get the application in cases where is no contract in writing[1]. The rule of parol evidence has its application in cases of the other evidence that are extrinsic. In simpler terms it means that the rule applies in those cases where the written agreement does not create any different contract. in an event if the contract is in writing and makes the exclusion of any term which is integrated then the principles of parol evidence is not applied or excluded generally. But, there exist several exceptions to the general rule[2]. The exceptions include contracts that are integrated partially, the agreements containing the separate consideration than writing, the contracts acting to make the resolution of the ambiguities or those contracts that aim in the establishment of defenses. In this regard, there are several examples that can be taken into consideration. For instance, if John makes an agreement with Cook in writing to make the sale of his car for an amount of dollar two thousand. But there has been an argument that is put forward by Cook that John p reviously made the promise to Cook that he would sale the car at an amount of thousand dollars. In this instance, the parol evidence rule is applicable. In this example, the rule of parol evidence shall prevent John in making the contradiction of the promised dollar of thousand to an amount of dollar two thousand. In the case of Saleh v Romans [2010] NSWCA 373, the Court held that the equitable estoppel was ahead of the parol evidence rule[3]. The parol evidence rule for becoming effective it has to be stipulated that the contract must be in writing and integrated. In addition to that, the contract must also be in accordance with the judgment of the court be the final agreement in between the parties. An agreement that is final must be either complete or final integration. It is based on the fact that such contract must have an agreement that indicates its finality. In case the contract contains few and all the terms, which are agreed by the parties, then such contract is termed as a contract of partial integration. This means that the contract that is in writing acts as the final agreement only in case of certain terms. On the other side, in case, if the contract that is written contains all the terms and conditions that are agreed between the parties to it, it would be termed as complete integration. In the case of Gilberto v Kenny[1983] 48 CLR 620, the Court permitted the admissibility of the oral evidence. The Court al so held that Mrs. Kenny signed the written agreement relating to selling of house on behalf of her husband[4]. The difference between the complete and the partial integration is considered as relevant only to that extent to which the evidence is not included in the rule of parol evidence. In a case of both the partial and the complete integration, the evidence that is in contradiction of the contract ibn written is excluded from the parol evidence rule. However, in the case of integration in the partial sense, the terms of the contract that supplements the contract that is written is permissible in the rule of parol evidence. In case the parties to any contract create an intention to make a complete integration of the terms of the contract, then the parol evidence in the scope of the agreement is not permitted. In case, the parties to any contract make the intention to make any agreement of partial integration, then the rule of parol evidence cannot make the contradiction of the terms that are integrated. In case the rule of parol evidence is collateral, it regards that the agreement is a different one, and it does not make contradiction of the terms that are integrated[5]. In the small States of the United States like Colorado, Florida and Wisconsin, the rule regarding parol evidence stands as the strong evidence and is always prevented from making the interpretation of the contract. This is regarded as the rule of four corners. The four corners rule leads to the express stipulation of mainly two primary rules. In the first instance, the rule states that any Court shall never make the allowance of the rule of parol evidence to operate in case if the parties to the contract make the intention to make a complete and full integrated agreement. In the second instance, any Court shall take the help of the rule of parol evidence cases where the terms of any contract are totally ambiguous. The primary policy of the Court is to make the prevention of the parties from lying and protect any party to a contract gainst the act of double veracity. The other primary policy of Court to use the rule of parol evidence is to make the parties contract to rely on the cont racts that are written and also for the efficiency of a judicial system. In most of the jurisdictions, there are several exceptions to the rule of parole evidence[6]. Importance of Parole evidence rule: Making of Contract- Contract is regarded as when two parties' makes an agreement and when law enforces it. The final and complete form of a document will be recognized as a written document. Contract is not needed to be in a written form, but when it is in a written form, it must have to be identified and represented by both the parties. The contract when it is in written form it has to be enforceable by law. If in case any party fails to fulfill the terms and conditions of the contract then the other part can sue or file a suit for performance or noncompliance. In the eyes of the law, this kind of law suit is regarded as "Breach of contract". In the Court when the suit will be considered by the judge, the judge will take into consideration the written contract. Contract acts as only evidence in the Court in the matter of determining that the parties in a contract have fulfilled all the terms and conditions of the agreement. This is taken into consideration by the court because any o ther extra type of evidence will create complicacy in the proceedings of the court in the enforcement of written contract[7]. Parole evidence rule- The rules regarding parole evidence is applicable in matters of written contract. Parole evidence is a pertaining agreement which is not included in written form of contract. The Court doesn't entertain extra evidence because there is a burden of Court in determining the intentions and rights of the parties. Thus, Court entertains written Contract because it best determines the rights and intentions of the parties[8]. Parole evidence is dealt with deeds, will, and other kinds of writings which are referred as extraneous evidence which is applicable in both oral as well as written agreements which have written documents that are relevant. The parole evidence rule is regarded as the principle which helps in preserving the integrity of written documents or agreements that prohibit the parties from the alteration of the written documents. This also helps in using the contemporaneous or oral or written form of declarations which is not at all referred in the document[9]. The contract in the eyes of laws has different meanings which are commonly known as discussion, proposal and negotiation before they are finally included in the original contract. When the parties of contract by negotiation put their agreements in written version and acknowledges the statement in complete an in a form of exclusive declaration of their agreement that they have in the form of integrated contract. The rules regarding parol evidence apply to applicable to integrated contracts and supports that the parties in writing put their agreement and all other kinds of writing including oral and written agreements which merge into writing. Courts also do not grant permission to modify, amend, alter or change the integrated Contract in any of the ways contemporaneous or prior agreement which is contradictory regarding the terms of all kinds of written contracts. The parol evidence applies to written contracts to safeguard the terms and conditions of the Contract. The courts can assume that parol evidence rules regarding contract contain all kinds of provisions and terms which are specially intended by the parties and also helps in lacking those provisions that the parties do not want. In written integrated contract the rule of parol evidence is not applicable. It can be taken for example that in case the typographical or clerical is incorrectly placed in the agreement then it doesn't represent the true agreement between the parties. The court has the discretionary powers not to apply parol evidence rule as contradictory evidence, which includes mistake, under duress, undue influence or fraud. Finally, according to parol evidence, it can be stated that this evidence rule will not be applicable in preventing the evidence which describes the separate existence of the agreement between the parties. The law of sales includes numerous contracts which are written or oral for which the rules of parol evidence are applicable. The court in certain circumstances considers supplementary consistence evidence which doesn't include written agreements as long as it doesn't contradict the terms and conditions of the original agreement[10]. Implication of case laws: Masterson v. Sine, 68 cals. 2d 222, 436 P.2d 561, 65 Cal. Rptr. 545 (1968) Facts: Dallas and Rebecca Masterson as a tenant owned a ranch which was conveyed by them as a grand deed. Dallas sister and her husband repurchased the ranch in exchange for ten years in change which was to be paid by shine[11]. In the trial, it was held by the Court that determination of parol evidence was not included in admission of the extrinsic fact that the parties wanted the property which was kept in the family of Masterson and thus opinion was personal to the grantors who couldn't exercise the trustee in bankruptcy. The court in judgment held for P and D who appealed on the grounds of uncertain enforcement extrinsic evidence is meaningless and thus cannot be admitted[12]. Gordon v. Macgregor, (1909) 8 CLR 316, High Court of Australia, In this case the fact is that Gordon was not successful in delivering the specification Macgregor for which claimed damages. The agreement was that the delivery was to commence after three months from the date of Contract and that the minimum girth of the Goods was 6 feet[13]. The trial judge found that the delivery shouldnt have committed for three months period and also stated by trial judge that there was a mere oral agreement regarding the matter of minimum girth of logs[14]. In the judgment of full court Macgregor was successful; though it was considered there was some basic points regarding the judgment of trial judge had existence. It was found that there was existence of alleged oral terms. But the Judges on appeal found that there was proper evidence to support the findings of trial judge as there was an oral term as girth[15]. Six exemptions in parol evidence rule: Customs or usage- This means that the languages used as instrument in contract must have particular meaning especially in trade region and industry as admissible evidence. Hutton v Warren[16]. Verbal- This means that agreement and also detailed in case of contract until and outside the occurrence of event. Pym v Campbell[17]. Incomplete or Written Contract- When the contact is in full written form and without missing of any terms in which the court allows verbal evidence. Van Den Esschert v Chappell Ambiguous terms- Extrinsic evidence are applicable in contract in order to resolve ambiguity in any contract. White v Australia and New Zealand Theaters ltd. Mistake- If there was clear wrong or there was mistake of the parties was recorded in document[18]. Identify of the correct parties- verbal evidence is applicable in the ambiguity in order to identify the parties in agreement. Akot Pty Ltd v. Rathmines investments Pty Ltd. Reference List Abrams, Laura S. "Juvenile justice at a crossroads: Science, evidence, and twenty-first century reform."Social Service Review87.4 (2013): 725-752. Allen, Ronald J., et al. "Reforming the Law of Evidence of Tanzania (Part Two): Conceptual Overview and Practical Steps."BU Int'l LJ32 (2014): 1. Burrell, William D., and Edward E. Rhine. "Implementing evidence-based practices in community corrections: A review essay."Justice Research and Policy15.1 (2013): 143-157. Cornish, Trent, and Jay Whetzel. "Location Monitoring for Low-Risk Inmates-A Cost Effective and Evidence-Based Reentry Strategy."Fed. Probation78 (2014): 19. Couzens, J. Richard. "Realignment and Evidence-Based Practice: A New Era in Sentencing California Felonies."Federal Sentencing Reporter25.4 (2013): 217-219. Dagan, Netanel. "Looking Beyond Risk in Paroling Denying Prisoners A Response to Assy and Menashes The Catch-22 in Israels Parole Law."Criminal justice and behavior(2015): 0093854815589324. Emerson, Robert W. "Franchising and the Parol Evidence Rule."American Business Law Journal50.3 (2013): 659-728. Epstein, David G., Timothy Archer, and Shalayne Davis. "Extrinsic Evidence, Parol Evidence, and the Parol Evidence Rule: a Call for Courts to Use the Reasoning of the Restatements Rather than the Rhetoric of Common Law."NML Rev.44 (2014): 49. Hall, Maggie, and Kate Rossmanith. "Imposed Stories: Prisoner Self-narratives in the Criminal Justice System in New South Wales, Australia."International Journal for Crime, Justice Social Democracy5.1 (2016). Ingram, Jefferson L.Criminal evidence. Routledge, 2014. Lipsey, Mark W., and James C. Howell. "A broader view of evidence based programs reveals more options for state juvenile justice systems."Criminology Public Policy11.3 (2012): 515-523. Lynch, Michael.Themes of Parole as Presented in Bill C-10: Contributing to the Conservative Government's' Tough on Crime'Approach to the Criminal Justice System?. Diss. Universit d'Ottawa/University of Ottawa, 2015. Ong, Burton. "Book Review: International Handbook on Unfair Competition by Frauke Henning-Bodewig."Singapore Journal of Legal Studies(2013): 478. Ostendorf, Patrick. "The exclusionary rule of English law and its proper characterisation in the conflict of lawsis it a rule of evidence or contract interpretation?."Journal of Private International Law11.1 (2015): 163-183. Scott, Robert E. "Text versus Context: The Failure of the Unitary Law of Contract Interpretation."Francis Buckley, The American Illness: Essays on the Rule of Law(2013): 325-326. Tonry, Michael. "Evidence, ideology, and politics in the making of American criminal justice policy."Crime and Justice42.1 (2013): 1-18. Tzeng, Shuping. "Applying DEMATEL to investigate the relationship between factors affecting parole boards decision-making in Taiwan."The Prison Journal(2013): 0032885513512096. Welsh, Wayne N., et al. "Effects of an Organizational Linkage Intervention on Inter-Organizational Service Coordination Between Probation/Parole Agencies and Community Treatment Providers."Administration and Policy in Mental Health and Mental Health Services Research43.1 (2016): 105-121. [1] Abrams, Laura S. "Juvenile justice at a crossroads: Science, evidence, and twenty-first century reform."Social Service Review87.4 (2013): 725-752. [2] Welsh, Wayne N., et al. "Effects of an Organizational Linkage Intervention on Inter-Organizational Service Coordination Between Probation/Parole Agencies and Community Treatment Providers."Administration and Policy in Mental Health and Mental Health Services Research43.1 (2016): 105-121. [3] Allen, Ronald J., et al. "Reforming the Law of Evidence of Tanzania (Part Two): Conceptual Overview and Practical Steps."BU Int'l LJ32 (2014): 1. [4] Burrell, William D., and Edward E. Rhine. "Implementing evidence-based practices in community corrections: A review essay."Justice Research and Policy15.1 (2013): 143-157. [5] Cornish, Trent, and Jay Whetzel. "Location Monitoring for Low-Risk Inmates-A Cost Effective and Evidence-Based Reentry Strategy."Fed. Probation78 (2014): 19. [6] Couzens, J. Richard. "Realignment and Evidence-Based Practice: A New Era in Sentencing California Felonies."Federal Sentencing Reporter25.4 (2013): 217-219. [7] Dagan, Netanel. "Looking Beyond Risk in Paroling Denying Prisoners A Response to Assy and Menashes The Catch-22 in Israels Parole Law."Criminal justice and behavior(2015): 0093854815589324. [8] Emerson, Robert W. "Franchising and the Parol Evidence Rule."American Business Law Journal50.3 (2013): 659-728. [9] Epstein, David G., Timothy Archer, and Shalayne Davis. "Extrinsic Evidence, Parol Evidence, and the Parol Evidence Rule: a Call for Courts to Use the Reasoning of the Restatements Rather than the Rhetoric of Common Law."NML Rev.44 (2014): 49. [10] Hall, Maggie, and Kate Rossmanith. "Imposed Stories: Prisoner Self-narratives in the Criminal Justice System in New South Wales, Australia."International Journal for Crime, Justice Social Democracy5.1 (2016). [11] Ingram, Jefferson L.Criminal evidence. Routledge, 2014. [12] Lipsey, Mark W., and James C. Howell. "A broader view of evidence based programs reveals more options for state juvenile justice systems."Criminology Public Policy11.3 (2012): 515-523. [13] Lynch, Michael.Themes of Parole as Presented in Bill C-10: Contributing to the Conservative Government's' Tough on Crime'Approach to the Criminal Justice System?. Diss. Universit d'Ottawa/University of Ottawa, 2015. [14] Ong, Burton. "Book Review: International Handbook on Unfair Competition by Frauke Henning-Bodewig."Singapore Journal of Legal Studies(2013): 478. [15] Ostendorf, Patrick. "The exclusionary rule of English law and its proper characterisation in the conflict of lawsis it a rule of evidence or contract interpretation?."Journal of Private International Law11.1 (2015): 163-183.cott, Robert E. "Text versus Context: The Failure of the Unitary Law of Contract Interpretation."Francis Buckley, The American Illness: Essays on the Rule of Law(2013): 325-326.

Ecofeminism in the 21st Century free essay sample

Ecofeminism in the Twenty-First Century. by Susan Buckingham Introduction Since ecofeminism was developed as a concept in the 1970s (1), there have been, arguably, major policy shifts in the fields of gender (in)equality and environmental sustainability. Thus a consideration of the achievements of, and work outstanding for, ecological feminism is warranted. In this paper, I will assess the changing policy landscape to explore the extent to which this has structurally altered gender inequalities and societies treatment of the environment, and the imbrication of these wo processes. In order to do so, I will look at the rising profile of gender mainstreaming at the international, European Union (2) and European national level; the application of the feminism debate to environmental concerns; and the shifting of the radical edge of ecofeminism, to explore future possible trajectories (see, for example, Plumwood 2003; Seager 2003). To some extent, I will suggest that the transformation of policy and development rhetoric to include gender, as distinct from womens issues (itself, arguably, a post-feminist dilution of womens equality), masks fundamental attachment to business-as-usual, where social roles, pay differentials, political representation and environmental degradation remain little changed. However, there is, I argue, sufficient evidence to identify the influence of ecofeminist thinking on major policy initiatives concerning the relationship between women, men and environment at a variety of scales. The central question of this paper, then, is whether ecofeminism (as a distinct discourse, or as an amalgam of feminism and environmentalism constructed in different times and places in different ways) has hanged the way in which Western society articulates the relationship between men, women and the environment. This, of course, is a problematic and speculative exercise and will follow from an analysis of how discourse and practice themselves have changed. This paper will consider key changes to gender equality as it is linked to environmental sustainability, and explore how womens/feminists interests have helped to shape the environmental debate in the past decade. I will try to unpick dominant discourses which, on the one hand, are beginning to naturalize (some ould say neutralize) environmental concerns (where the terms sustainable development and environmental sustainability are common currency but poorly understood to the point of being anodyne), but on the other hand are marginalizing feminism, to examine the impact of this on ecofeminism. Finally, I will explore the territory of ecofeminisms leading/radical edge to speculate on where this may take both conceptual understanding and policy in the future. First, however, to put this discussion into context, I will briefly review ecofeminist arguments to illustrate their ange, before focusing on the constructivist approach, which has had the most traction in gender/environment debates in the last two decades. Ecofeminist approaches It is tempting to use a retrospective to try to impose some sort of order on past intellectual activity, and what I am attempting to do first in this article is to explore whether there is an intellectual trajectory, through a not necessarily coherent body of thinking and writing on gender and environment in the late twentieth century. In teasing out the possible relationship between womens position, gender anage the environment, ecofeminist writers in the 1970s and 1980s explored the relative importance of essentialism and social construction in these relationships. The social constructivist analyses (which tended to dominate French and British writing; see, for example, Mellor 1992) drew from the Marxist and social feminist literature to show how womens position in society (as, for example, carers of children and other vulnerable family members, domestic workers, and low paid/status workers) derived from prevailing social and economic structures, which exposed them to a particular set of environmental incivilities. The specifically ecofeminist argument here proposed that, since the same social and economic structures also produced wide-scale environmental damage, then women could, in some sense, share this experience and were therefore better placed to argue on natures behalf. The essentialist argument that underpinned some of the North American and Australian analyses proposed that women had a particular relationship with nature by virtue of their biology (predominantly as actual or potential child bearers) and that this proximity to nature qualified them to speak more eloquently on natures behalf see, for example, Spretnak 1989; Daly 1978). Different authors drew on each position to different degrees, and much of the critique of ecofeminism (well articulated in Biehl 1991) over the past 20 years has focused on the problems perceived with essentialism, and on the validity of a shared experience between the human and non-human. Dennis Smith (2001), in discussing the role of gender in peace and conflict, has argued that essentialism is often used as a tool to mobilize a group around a perceived characteristic which sets it apart, and, certainly, cultural ecofeminism (prioritizing essentialist arguments) did so. Its strength was to demonstrate the possibility of a way of thinking and being which reversed the normal hierarchy in which men stood at the peak; however, little academic feminist environmental thinking is currently framed in this way.

Praxis Writing Test Online

Praxis Writing Test OnlineIf you're struggling with the idea of writing an essay for college and have some writing experience, you should consider taking Praxis writing test, one of the well known writing tutoring programs that aims to train its tutors in multiple types of writing. The program consists of five modules - essay samples, research samples, academic writing samples, presentations and dialogue.Each module is designed to allow a good tutor to quickly teach students how to apply their academic skills in different kinds of essay. Even better, it also enables a student to familiarize himself with his writing skills. The tutor will use a multiple choice format on the test, which should give a student ample opportunities to choose the answer he or she wants.The training program was developed as a combination of three other similar programs: Praxis Writing Test and Writing Practice. Both the Praxis writing test and Praxis writing practice include online practice tests. There are various Praxis writing practice and Praxis writing tests available online.In the Praxis writing practice course, the first module of the tutorial course, Essay samples, provides examples of essays written by students who took the program. Each essay sample consists of some basic information about the writing topic. After all, an essay sample is essentially a condensed version of the essay itself.The second module of the Praxis writing test and the corresponding module in the Praxis writing practice course is research samples. The research samples are given in the form of a few paragraphs describing a particular research project. This part is intended to help students examine how to select and complete their own research papers.The third module of the tutorial program is the exam module. This is basically a long-form examination with multiple choice questions.The fourth module is an academic writing sample module. This is a portion of the program where students are given several essa y topics to choose from and they are expected to write an essay on each topic.The fifth module is a dialogue module where students are asked to express their opinions about a particular topic. They are asked to choose between two different opinions and to convince readers that their opinion is correct.

Exploitation of Copyrights, Trademarks and Intellectual Property Rights in Modern Day Business An Examination of Adverse Practices in an Internet Dominated Era

The Internet and Intellectual Property Right Infringement Intellectual property rights are broadly defined as â€Å"exclusive rights pertaining to distinct intangible creations of the mind which range from music, designs and various artistic works to broad categories such as inventions, literature and even phrases† (Woker, 2006).Advertising We will write a custom essay sample on Exploitation of Copyrights, Trademarks and Intellectual Property Rights in Modern Day Business: An Examination of Adverse Practices in an Internet Dominated Era specifically for you for only $16.05 $11/page Learn More The basis for intellectual property rights is to protect the creators of unique inventions, concepts, or ideas from having their work arbitrarily utilized without their permission for the profit of other individuals/ companies. Without IPRs (Intellectual Property Rights) various artists, writers and inventors would be reluctant to release any of their work to the general public due to the possibility of their ideas being subsequently stolen and claimed by others as their work. Companies apply IPR law as a method of protecting their patented and copyrighted products from being subsequently copied and sold by other companies. It is through this method of business law implementation that various corporations have been able to maintain their positions in the global market place due to their protection and control of their patented processes, products and designs. It is rather interesting to note though that within the past 12 years as a direct result of trends in the digitization of products and services as well as the prolific use of the internet many digital products such as software, music and images (taken or created) are increasingly being utilized, shared and distributed online without the aforementioned consent of the holds of their copyright (Jameson, 2011). Sites such as the Piratebay.org, Megaupload and Rapidshare contain millions of music, video and software files that were â€Å"ripped† illegally from legal sources and then subsequently shared online for free (Bhattacharjee, Gopal, Lertwachara, Marsden, 2006). This has resulted in significant losses in sales for hundreds of companies with estimates placing the amount lost in the hundreds of billions of dollars within a given year. On the other end of the spectrum billions of intellectual property right infringements are also done on a single day by the sheer amount of videos and images shared on social network sites such as YouTube and Facebook (Bhattacharjee, Gopal, Lertwachara, Marsden, 2006).Advertising Looking for essay on intellectual property? Let's see if we can help you! Get your first paper with 15% OFF Learn More Users arbitrarily share images taken from official websites and magazines as well as post videos online containing copyrighted songs, labels, symbols and images resulting in practically millions of people being gui lty of intellectual property right infringement. Yet for the past 12 years companies have been unable to successfully combat this problem due to its sheer scale and the inherent limits of business law in actually being able address the issue. What must be understood is that there are inherent differences between violations of intellectual property rights between a company and an online internet user (Bhattacharjee, Gopal, Lertwachara, Marsden, 2006). When a company commits a violation of intellectual property rights business law becomes more enforceable since the affected party is dealing with a single entity. In the case of online internet users, there are just far too many individuals, too many cases and not enough enforceable evidence of an intentional violation to actually implement a successful means of deterring IPR violation in the scale it is seen today. One of the means in which companies have attempted to combat this issue has been to lobby for stricter laws regarding dig ital good and services. The result was the DMCA (Digital Millennium Copyright Act) which in effect criminalized the production and distribution of various technologies, services or even devices which allowed individuals/groups to illegally access copyrighted works or circumvent the process that prevents digital distribution (Grosso, 2002). In effect, this law in the U.S. made it illegal to circumvent copyright protection on digital software for online distribution and made methods associated with intentional violation of such laws punishable by heavy fines or jail time. It must be noted though that the limitations of this particular type of business law is evident in the fact that despite its implementation in 1998 online piracy has continued unabated and has in fact increased within the past decade (Grosso, 2002). One of the reasons behind is the sheer size of the internet with quite literally billions of websites and trillions of pages devoted to all manner of digital content.Adve rtising We will write a custom essay sample on Exploitation of Copyrights, Trademarks and Intellectual Property Rights in Modern Day Business: An Examination of Adverse Practices in an Internet Dominated Era specifically for you for only $16.05 $11/page Learn More Despite the best efforts of any company or government agency it would be quite literally impossible to police all known sites. Not only that, even if a company or government agency was to take down a website based on its supposed distribution of pirated content the fact remains that website addresses can be changed resulting in the site being transferred to some other corner of the internet where it would take months if not years for it to be found by piracy regulators. Another problem in sufficiently implementing IPR law is the fact that when it comes to laws regulating the online distribution of digital content each country has a different application of IPRs (Miller Bove, 2011). For exampl e, though the DMCA is enforceable within the U.S., it is still a U.S. based law and thus cannot be enforced in other countries that have a different version and interpretation of what constitutes enforceable action regarding intellectual property rights. (Miller Bove, 2011) One way of seeing the overall lack of international enforceability can be seen in the case of the Piratebay.org which is the internet’s largest and most well-known site for finding and downloading pirated content ranging from movies, music and games to movies and software applications (Morton Koufteros, 2008). Over the past six years, the Pirate Bay has been able to resist various moves by companies such as Microsoft, EA, Universal Studios and even Apple Incorporated to shut it down due to the presence of pirated copies of the movies, software and games of these companies on the website. The reason it has been able to stay in operation for so long is not only due to the inapplicability of the DMCA since the Piratebay.org’s servers were based in Sweden but the fact is the site took advantage of a loophole in online IPR protection wherein technically the files weren’t stored on the website itself but rather what was present on the site were torrents in which people could use to download the pirated content from the computers of other people (Morton Koufteros, 2008).Advertising Looking for essay on intellectual property? Let's see if we can help you! Get your first paper with 15% OFF Learn More Torrents are a method of online file sharing wherein individual files are broken up into smaller aggregates which can be downloaded and uploaded from multiple sources (Norton Freedmart, 2006). In effect, this technology allows thousands of users to download from other users that are uploading the file from a background process on their computer (Norton Freedmart, 2006). As such â€Å"technically† the files aren’t present on the Piratebay.org itself and it merely acts as a collection of torrent files that can be used to download the content from elsewhere. While it may be true that international pressure on the Swedish government did in fact hamper the Pirate bays servers in 2010 with several of its owners being arrested the fact remains that the site was able to go back online within a matter of hours as soon as it transferred from its servers based in Sweden to other servers based in other countries (possibly China). Based on this particular outcome, wherein despite the best efforts of the application of business law no satisfactory outcome was created, this calls into question whether business law involving IPR of digitized content can still be considered effective when taking into consideration the flexibility the internet grants illegal online content distributors. IPR Violations and E-commerce One of the current trends in E-commerce has been the digitization and sale of EBooks via Amazon, iTunes and various online stores. As seen in the article of Miller (2011), EBooks have gained considerable ground in terms of market penetration and popularity among different age groups due to the proliferation of EBook readers such as the iPad and the Amazon Kindle as well as their considerably lower prices since they easy replicable digital content that costs distributors next to nothing to reproduce and sell (Miller, 2001). The inherent problem though with this particular method of sale and distribution is that unlike hardcopy version of novels, short stories or textbooks EBooks can be easily copied, transferred and even distributed freely online by the thousands. The same digitization that allows companies to sell EBooks also allows other people to use the same methods for their gains. A brief Google.com search shows that there are quite literally dozens of sites where EBooks can be illegally downloaded for free. (Growth of Internet Piracy, 2011). The main question that must be asked in this particular case is what can business law do about? When examining the possible resources of the law in this particular case, it becomes quite obvious that in the age of digital content distribution and consumption business law has in effect been rendered impotent in terms of its ability to limit illegal IPR violations. Domain Names and Trademark Violations Going back to the example mentioned in the previous section involving the illegal distribution of digitized content by the Piratebay.org it can be seen that such a trend in online piracy is not limited to merely movies, music, software and games but extends to other aspects related to digital content (Szuskin, de Ruyter Doucleff, 2009). What must be understood is that the internet is now considered one of the best platforms for mass sales and content consumption and as such an online E-commerce site such as Amazon can now be compared to the previous generation of traditional superstores in New York such as Macy’s and Bloomingdales or the equivalent of Dubai’s â€Å"Mall of Dubai†. While there are quite literally thousands of other examples that can be mentioned what all of them have in common is a proprietary trademark. This trademark is an essential aspect of a store or company’s brand image and as such, is protected by various business laws against illegal or unsanctioned reproduction. In the case of online E-commerce stores such as Amazon, eBay and Alibaba their proprietary trademarks come in the form of their domain name. A domain na me is the name of the website with the prefix â€Å"www.† and the suffix â€Å".com†; this is the primary method in which sites are visited and searched for on search engines such as Google and as such can be considered the online equivalent of a trademark. When it comes to business law, what must be understood is that there are inherent differences and limitations to the application of business law in traditional market environments and the application of business law on the internet. Domain name â€Å"copying† is actually a proliferate and frowned upon practice today wherein variations of the suffix or in the name itself are done so as to imitate the trademark of a particular site. For example, the trademark Amazon.com can use the suffix Amazon.biz, Amazon.net, Amazon.xxx, Amazon.cc as well as a sheer plethora of possible suffixes. Variations to the name itself can result in the following examples as well: â€Å"TheAmazon†, â€Å"AmazonShop†, â⠂¬Å"AmazonStore†, etc. All of these techniques are utilized in order to draw consumers away from the original owners of the trademark to other E-commerce stores that utilize the same site design but are in no way connected to the original trademark owners. While the traditional response of business has been to sue other companies who have obvious trademark infringements the same cannot be applied to cases of internet domain names since while such names are considered part of the trademarks of companies business law is not applicable to their use or creation unless in particular cases. For example, misleading domain names which direct users to pornographic sites are in violation of the U.S. Truth in Domain Names Act which was created in 2003 to prevent such actions from continuing. Domain name seizures also occur when the use of a particular domain has been proven to be connected to a specific form of criminal activity (Joe, N.D.). As seen though, in the case of the Piratebay.o rg, there are limits to the application of this particular form of the law since U.S. law is not applicable to domain names registered, applied or transferred to companies outside the U.S. In fact there is an underground business currently booming online wherein domain names are held â€Å"hostage† so to speak. This practice is done by buying and registering a domain name which has the same name as that of a company, organization, or brand. Since such institutions would want to create their own online presence, they would need to subsequently purchase the domain name in order to ensure proper online brand recognition. This usually leads to the company paying several thousand dollars (more than 300 times the worth of the domain) in order to acquire it from the person that had â€Å"legally† acquired the company’s online trademark by being the first to purchase it. Based on this it must be questioned whether there need to be subsequent changes in business law in o rder in order to mitigate the apparent problems related to online practices that are in clear violation of not only a company’s IPR but their trademarks as well. While it may be true that domain name providers do give companies a certain degree of preferential treatment when it comes to purchasing specific domain names related to their company when new suffixes are created (such as the recent.xxx suffix) the fact remains that this does not bode well for companies that will be created in the future that find their online presence hijacked by an unscrupulous individual looking to make a profit. Copyright Infringement in Website Posting and Development Copyrights are defined as â€Å"laws which give the creator of a certain work exclusive rights towards sale, distribution or development over a predetermined period of time†. This can encompass various literary works, artistic works and even film or music. What a copyright does is that it in effect, allows the creator of a particular piece of work the right to profit over what he/she created. Without sufficient copyright protections in place artists, writers and moviemakers would be unwilling to create any new work since they wouldn’t be able to profit from it in the long term due to alternative channels of sales and distribution that other individuals or groups would utilize in order to tell the created work themselves. While this paper has so far delved into the topic of illegally downloading copyrighted content from websites what hasn’t been discussed is how the process behind the creation of websites can actually fall under various aspects of copyright violation as well. Ever since the implementation of Web 2.0 which transitioned websites from the static domain of the solitary programmer to the dynamic world of the normal user the creation of sites through the use of numerous types of online and offline website making software has made copyright infringement a norm rather than rarity (Kahandawaarachchi, 2007). Thousands of websites utilize â€Å"borrowed† content from other sites in the form of pictures, banners and even written information. Not only that, online services such as Photobucket allow users to store copied copyright content from other websites to utilize on their sites and blogs (Kahandawaarachchi, 2007). When attempting to examine the sheer proliferation of copyright infringement and the ability of business law to resolve this issue it becomes evident that there is actually no way to stop it. Just as there are hundreds of websites which allow users to illegally download ripped content, there are millions if not billions of sites where copyrighted content has been utilized in order to add some â€Å"pizzazz† to the site (Kahandawaarachchi, 2007). There are just far too many sites, too many internet users and internet technology have become too accessible resulting in no possible way to even make a small dent in the degree of infringem ent. It must also be noted that the general anonymity connected to the internet helps to proliferate the practice of copyright infringement online. Studies such as those by Hinduja Ingram (2009) indicate that while internet users are aware that their activities are a form of copyright violation some users still post copyrighted images online since they are under the apparent assumption that their anonymity grants them a certain degree of immunity from direct prosecution, they are unfortunately right in this case due to the fact that it is quite literally impossible to examine all aspects related to what individual users are doing online (Hinduja Ingram, 2009). Internet Anonymity and the Application of Business Law One of the current problems in the application of business law in online cases of IPR infringement is the level of anonymity granted by the internet which not only makes methods of prosecution against violators difficult but also encourages criminal behavior. As seen in the study of Hinduja Ingram (2009) which attempted to explain the reason behind the popularity of online IPR infringement it was seen through numerous interviews and accounts that anonymity played a massive role in encouraging the behavior. As Hinduja Ingram (2009) notes, social identity plays a huge factor in limiting criminal or anti-social behavior yet when the concept of social identity and thus accountability is taken away people are more likely to commit acts related to IPR infringement as they otherwise would have done if there was a distinct level of identity and accountability related to their online presence (Hinduja Ingram, 2009). In other words, the Hinduja Ingram (2009) study showed that people were more likely to commit acts of online copyright infringement and the promotion of online piracy since they knew that the level of anonymity afforded to them by the internet allowed them to act without negative consequences. This, in turn, explains the depth and proliferat ion of online piracy and copyright infringement and shows how the problem cannot be so quickly resolved merely by applying laws which state that a particular action is illegal. Another way of looking at this concept is to look at it from a prosecutor’s point of view. While there are many instances where users download illegal IPR content there is no way to prosecute them for the act since there is no way of knowing who they are. Not only that, services such as Rapidshare, Megaupload and Torrent technologies enable users to anonymously upload content and distribute it to millions of other users which further complicates the problem. The sheer number of users and the amount of available online services which allows illegal IPR violations to continue shows just how impotent business law is at the present in actually resolving this issue. It must be noted though that one way in which companies have attempted to fight back against online piracy has been to directly attack the site s themselves through their ISP (Internet Service Providers) however just as the Piratebay.com has been able to say operational by shifting ISPs and servers other websites have done the say which makes any attempt at even trying to resolve the issue a losing battle for companies due to the sheer number of servers available that are not under the jurisdiction of IPR law (Nelson, 2010). Selling Counterfeit Goods online One of the more interesting developments regarding online violations of IPR, copyright and trademarks has been the use of E-commerce platforms as a way in which counterfeit goods are sold and distributed to international customers in bulk shipments (Internet IP: Review of UDRP begins, 2011). While the IPR, copyright and trademark violations in this particular case are quite obvious the audacity in which the products themselves are sold is indicative of the limitations of the reach of business law in such cases. For example, numerous websites utilizing the name â€Å"Chi naPortal†, â€Å"importfromChina† or a variation thereof utilize online advertisements seen in prominent sites such as YouTube in order to convince online consumers to go to their website and purchase counterfeit goods online (Internet IP: Review of UDRP begins, 2011). The reason why businesses haven’t be able to shut these websites down is due to the fact that their servers, domain names and ISP providers are all based in China and as such becomes yet another example of the limits of business law in combating IPR violations (Internet IP: Review of UDRP begins, 2011). It is actually quite interesting to note that there is currently an ongoing trend wherein services that engage in online IPR violations are increasingly transferring their domains and servers to China as a direct result of U.S. and European based legislation that seeks to prevent such websites from going online in the first place. This is particularly interesting to note since the study of Johnson ( 2008) indicates that nearly 40 to 50 percent of all counterfeit goods sold in markets today actually come from factories based in China (Johnsonn, 2008). As such, not only is China becoming a harbor for the production of counterfeit goods, but it has also become a refuge for illegal online services that distribute copyrighted content (Johnsonn, 2008). It now becomes a question of why businesses haven’t been able to do anything regarding China’s actions which in effect cost them billions of dollars a year in lost revenue. One way of explaining this particular situation is to examine it from the Realist theory of international relations which specifically explains that â€Å"States are the primary actors in international relations and as such, there is no entity above a state† (Hall, 2011). Foreign policy, according to Professor Daniel W. Drezner of the Fletcher School of Law and Diplomacy at Tufts University, â€Å"is conventionally defined as the means by which a nation-state advances and protects its interests in the world. It includes fashioning alliances, establishing trade relationships, negotiating treaties, shoring up domestic support for international policies, bargaining with international organizations, crafting military doctrines, and waging war†. From this, it can be seen that foreign policy is the manner with which a state interacts and relates to other countries and actors with the aim of protecting and securing a state’s national interests. Moreover, foreign policy is â€Å"something that a state and its machinery produce on behalf of a nation using all the instruments they can muster in competition with other similar actors in a world that is dominated by the logic of Realpolitik†. Taking this into consideration it now becomes obvious that the reason why businesses cannot do anything to resolve this particular situation is due to the fact that they don’t have the right or the capability to activel y force the domestic policy of a foreign state towards their ends (Hall, 2011). While it may be true that in the case of the U.S., lobbyists within Congress are able to influence the decisions and laws implemented the fact remains that such a system does not exist in China and as such companies have next to no ability to actually prevent the current server and domain transfer towards Chinese based services in order to perpetuate the release of illegal copyrighted content. Furthermore, this also prevents companies from actively targeting websites that sell counterfeit goods since they are not located within countries that have strict IPR regulations. Discussion Based on the facts presented in this paper so far it becomes quite obvious that necessary changes in the application of business law need to be implemented in order for it to apply to the challenges described so far. In response to this particular situation two new proposed acts of Congress by the U.S. namely PIPA (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011) and SOPA (Stop Online Piracy Act) are currently being deliberated and should they go into effect would resolve many of the problems described in this paper. The first act, SOPA, allows copyright holders to utilize a court-ordered agreement which would in effect ban U.S. based advertising networks from advertising on such sites, would prevent online payment transaction services such as PayPal from processing payments on behalf of that site and it also prevents search engines from displaying the site during an online search as well as requires ISPs to in effect block the website from being accessed by anyone within the U.S. or if the site is based within the U.S. allow all users to visit the site (Nagesh, 2011). The Stop Online Piracy Act effectively neutralizes all possible avenues by which a sight with either pirated or IPR violating content from continuing to exist by strangling all means by which it could derive an income or attract users (Nagesh, 2011). This proposed act is the culmination of all the various facts presented in this paper regarding the inadequacies of business law thus far regarding violations of IPR and as such resolves many of the problems indicated in this paper. What must be understood is that a vast majority of online internet users are from the U.S. and as such by blocking their ability to access to create sites with infringing content this could possibly create a cascading effect where due to reductions in income due to a lack of visitors, sites with illegal copyrighted content would in effect have to shut down (The Internet, 2011). As such, this particular application of business law not only affects violators within the U.S. but violators on an international scale as well since it limits their ability to conduct business. On the other hand, SOPA has continued to receive widespread derision and contempt from a vast majority of internet users du e to the limits it imposes on the consumption of online content (The Internet, 2011). What must be understood is that many of today’s users have grown used to various websites having infringing content in the form of photos, graphics, music and files and as such have considered their presence as an ubiquitous right to online internet usage. What must be understood is that the broad definitions of the act itself could possibly result in thousands of sites being shut down as a direct result of copyright infringement. This involved not only illegal sites but legitimate sites such as Facebook where users share copyrighted images by the thousands on a daily basis. Not only that the implementation of the bill itself has numerous pundits concerned on how it would effect the ability of internet-based entrepreneurial businesses to operate due to the increased liability that may have to face due to the exposure to possibly copyrighted content. The best way of examining this particular issue is from the words of blogger James Alworth, who works at the Harvard Business Review. He states the following quote which reverberates throughout all the problems and concepts presented in this paper: â€Å"Is this really what we want to do to the internet, shut it down every time it doesn’t fit someone’s business model?† (The Internet, 2011). This very statement actually calls into question business law itself as it is applied on the internet today. What must be understood is that the internet is widely acknowledged as the single greatest innovations within the past century due to its ability to not only encourage communication but information sharing on a massive scale. Implementing solutions to the problem of applying business law solutions to the cases presented in this paper unfortunately has the effect of stifling the ability of the internet to continue to be an effective platform of communication and the sharing of ideas since as seen in the case of SOPA the implementation of the most effective solution prevents the proper functioning of the open and freestyle of communication and collaboration the internet is known for. It can even be argued that copyrights and IPRs actually constrain innovation and the subsequent application of new methods to use old technologies. With copyrights and IPRs securely in the hands of companies that want to keep them in order to perpetuate the success of their business models they in effect stifle potential new applications of the technologies they so religiously guard. Evidence of this can be seen in the way in which open-source software projects such as Linux, Mozilla and Google’s Android software application have practically done leaps and bounds in their ability to not only rival but exceed the capabilities of proprietary based systems. While it may be true that under business law companies have a right to profit from the copyrighted and trademarked content that they created it is at t imes questionable whether the perpetuation of practices which allow old business models to continue to operate is truly the most effective path to pursue. In fact, it was stated by the director of Valve (one of the largest computer game companies in the world) that the popularity of online IPR violation isn’t an issue that involved business law but is rather a service issue. Examining the Concept of IPR Violations as a â€Å"Service† Issue When the head of Valve mentioned that IPR violations are a service issue he meant that certain licensed content whether in the form of media, games, software or pictures were either unavailable in a particular region or unaffordable by people that wish to utilize the copyrighted content. What must be understood is that a vast majority of IPR violations done today through the illegal consumption and use of copyrighted content is actually done by individuals who can’t afford to get the software or media in another fashion (Khouj a Park, 2007). As such, they turn towards IPR violation as the only recourse they have in order to gain the content the need. In the case of Valve, they resolved the problem of IPR violations being a service issue by establishing a service that both addressed the issue of availability and affordability of video games. Through their proprietary â€Å"Steam† portal, players from all around the world were able to find the games they wanted and pay for them at a fraction of the cost that they otherwise would have if they had bought the game through traditional methods. Based on this it can be seen that there are alternative solutions that other companies are not event attempting since they seem more concerned in perpetuating their old business models instead of attempting various methods of innovation to address the issue of IPR violations (Khouja Park, 2007). Losing Touch with their Customers It can actually be stated that based on the words of the Valve CEO that the inherent problem in this particular case is the fact that companies have in effect lost touch with their customers based as a direct result of the internet and as such have begun to rely on business law as a way of reversing an unfavorable situation. One way of looking at this is by comparing the case of Netflix and Blockbuster and how one business model was affected by changes to consumers and the effects of innovation. When examining what company has lost touch with its consumer base, the best example that can be seen at the present is the fall of Blockbuster and the subsequent rise of Netflix within the past 10 years. What is notable in this particular case is that Blockbuster originally had a dominant position in the U.S. market. It has 3,000 stores and controlled 95% of the video rental market; however, it is interesting to note that its business model did little to change over time. Blockbuster stores were notable for their large selection of movies and games; however, they tended to b e overly spacious and placed in an equally large parking lot with few surrounding stores. Such a scheme did result in high sales over a period of 15 years however it must be questioned whether the sales were a result of its business model or just the sheer proliferation of its stores and the dominant position it enjoyed in the market. When examining how Blockbuster dealt with local competition, it was obvious that they did so by offering a wider selection, lower prices and more attractive looking stores in order to gain more consumers. Not only that Blockbuster also enjoyed a rather healthy relationship with several studios which enabled it to release movie rentals faster than its competitors could have, which resulted in more consumers coming to Blockbuster as a result. The fall of Blockbuster By the late 1990s though it is obvious that Blockbuster was so competitor centered in maintaining its dominant position that it neglected to examine changes within its consumer base (Gandel, 2010). By this time, faster internet speeds were becoming available to the general public which, along with the proliferation of home computer systems, resulted in more people turning towards the internet for their needs. In fact, it was at this point that online e-commerce systems which enabled consumers to make purchases online started to proliferate which enabled new companies to enter into previously hard to enter markets due to the flexibility and low-cost nature of online sales and consumer marketing. When Netflix began its online video rental service in the latter half of the 1990s this gave consumers a faster and more convenient method of video rental which subsequently eroded away at Blockbuster’s market position till by 2005 to 2009 when Netflix released its online video streaming service this could be considered the â€Å"final nail in the coffin† so to speak resulting in the dominance of Netflix and the complete erosion of Blockbuster’s previously do minant position. Based on this example, it can be seen that companies that don’t innovate in light of subsequent changes to markets very likely could go under as a direct result of their actions. Examining the Issue The case of Blockbuster and Netflix is actually an example of the wider state of all businesses today and as such is evidence as to why the fight against online IPR infringement should not be considered one based on business law but one where companies are reluctant to innovate in light of the changes needed and are utilizing business law as a means of â€Å"resisting the change† so to speak. The reason behind this is the fact that businesses don’t operate within a vacuum and have to deal with intense competitive environment forces on an almost daily basis. What must be understood is that there are three components to market orientation that dictate how a company acts within a competitive environment; these are: customer orientation, competitor orien tation, and inter-functional coordination. In the case of customer orientation, a company spends what resources it has in gathering data on the needs and behaviors of various consumers, the same can be said for competitor orientation however it focuses on competitors instead. What must be understood is that either method has a distinct weakness. Focusing too much on consumer orientation can actually blind a company to changes in the market or may actually stifle innovation since the company focuses too much on consumer satisfaction rather than changing based on trends. Focusing too much on competitor orientation on the other hand results in too much time and capital being placed on competitive activities which results in companies at times neglecting their consumer bases and focusing too much on getting ahead of the competition. On the other hand, both methods also have their own respective strengths, such as the customer orientation strategy being more effective in uncertain market s, whereas competitor oriented strategies become effective in fast-growing markets. The best way to maintain a balance between the orientations is to first create a market intelligence mechanism that gathers consumer information and disseminates it within the company and secondly is to encourage the free flow of information within the organization. What must be understood is that market orientations tend to become ineffective when organizations are mired in bureaucratic nuances which prevent information from being passed on quickly. This is exactly what is happening to companies at the present wherein they are mired in the bureaucratic entanglements of IPRs, copyrights and trademarks. 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