Postmodernism and Theory Essay Example | Topics and Well Written Essays - 1000 words

Postmodernism and Theory - Essay Example The paper Postmodernism and Theory investigates the development of Postmodernism. To a huge degree, postmodernism is centered around an assessment of reality versus falsity, finding in the process that there is more obscured territories between the two than there are clear differentiations. These thoughts are talked about through a few works including Baudrillard, Mulvey and Nochlin.Introducing the possibility of the reenactment, Baudrillard says that we have gone to a spot where the bogus goes before the genuine. Notwithstanding finding that the recreation no longer matches the genuine, Baudrillard says it has gone farther, lessening everything down to smaller than normal and making it hyperreal, something that exists all by itself, with little to associate it to the first. The genuine, in this framework, has gotten minimal in excess of a progression of signs that remain in its place. The risk with simulacra instead of portrayal is that portrayal begins with the possibility of the g enuine inside the portrayal while recreation folds over the portrayal and calls everything bogus. Disneyland is utilized for instance of how the fanciful upbeat social world contained inside its entryways rather than the confinement of the parking area covers how the world we accept to be America is similarly as dishonestly imagined. It is consistently an issue of demonstrating the genuine by the nonexistent; demonstrating truth by outrage; demonstrating the law by offense; demonstrating work by the strike; demonstrating the framework by emergency and capital by revolution†. This equivalent idea is followed.

General Knowledge in Criminal Justice

Each nation is represented by a lot of laws intended to keep up request inside it. There are laws that administer the political relations with its residents while there are likewise laws that direct the social equality of its residents. There are a lot of decides that characterize what acts or exclusions are viewed as lawful offenses or offenses and endorses discipline for infringement of these guidelines. The last is known as the criminal equity arrangement of a nation. This criminal equity framework is showed by the sanctioning of punitive laws of the state. Corrective laws characterize what acts are viewed as wrongdoing and decide the best possible punishment for its bonus. As a result of the authorization of correctional laws, each state can implement and keep up peace inside its locale. Society is a perplexing structure which doesn't just capacity agreeably coincidentally. There must be a cognizant exertion with respect to the state to control the conduct of its individuals. It is a result of this explanation that the arrangement of discipline was standardized and legitimized in our general public. Discipline is the activity taken by the State for each infringement of its laws. Discipline can be considered as a reaction by the general public to any offense or lawful offense submitted against it. It might go from the hardship of freedom of the indicted individual or the installment of fine for the reparation of injury caused. The hardship of freedom can last from a few days or it might stretch out to quite a long while relying upon the idea of the wrongdoing submitted. On the off chance that the wrongdoing anyway is appalling the death penalty might be forced. Old style Theory There are numerous speculations on which our criminal equity framework is based. One of the establishments for burden of the criminal equity framework is the Classical Theory. It endeavors to give a clarification on the main driver of wrongdoing to control it or keeping it from occurring. It contends that man is naturally an ethical animal with a through and through freedom. This unrestrained choice enables him to pick among good and bad. At the point when man plays out a demonstration, the supposition that will be that the equivalent is a normal and cognizant choice emerging from a cautious count of its potential results. It is to be assumed that the practitioner of the demonstration has painstakingly gauged the results of his activity with the goal that he will accomplish his ultimate objective which is to boost delight and to limit torment. Along these lines, when an individual takes part in degenerate conduct and carries out a wrongdoing it is to be assumed that he intentionally and persistently dedicated it after a cautious figuring of both the advantages and dangers of its bonus. Wrongdoing is in this way a result of judicious and cognizant decision intentionally performed by an individual and not the aftereffect of the outer powers encompassing him. There are the individuals who hold that wrongdoing is a social and normal wonder as contradistinguished from the Classical Theory. As indicated by the Positivist Theory, man now and again is repressed by an abnormal and sullen marvel which compels and induces him to foul up. In spite of the fact that man is naturally acceptable, there are powers around him that causes him to submit an illegitimate demonstration. In this way, in spite of the Classical School, wrongdoing isn't a result of a discerning and cognizant choice that outcomes from cautiously gauging the preferences and impediments of the demonstration rather it results from interchange of social and outer powers that intensely impact the person. It is a direct result of this explanation that the criminal equity framework ought not be a negligible capacity of exacting and unbendable use of the theoretical standards of law. Or maybe, it is the assignment of the appointed authority to think about such different realities and conditions that go to the commission of the wrongdoing. Retributivism Theory There are the individuals who cling to the Retributivism Theory. As indicated by this hypothesis, discipline is permitted, regardless of whether it is detainment or demise, on the grounds that the sentenced detainee merits it. This is also called the regulation of ‘just desert’ which is established on the ‘eye for an eye, tooth for a tooth† reasoning. At the point when a physical issue is done to another, an out of line circumstance is made between the wrongdoer and the person in question. The burden of discipline against the miscreant expels the out of line advantage and reestablishes the equalization. (Anthony Duff, Sec 5) generally, this hypothesis expresses that specific activities in the general public that are damaging to others will justify the inconvenience of detainment. At the point when these demonstrations are done stubbornly and deliberately by any individual then it is nevertheless legitimate that he be rebuffed for his demonstrations to reestablish the ethical parity and address the ethical culpability which are fundamental in reestablishing congruity in the general public. (Deligitimizing Retribution†2) UtilitarianTheory On the other hand, there are the individuals who have faith in the Utilitarian Theory. It contends that state-authorized discipline is defended on account of its utility. In view of the guideline of utility, acts are sought after relying upon the allure of its results. On the off chance that discipline will in all probability produce the best parity of bliss over misery then the discipline is supported. Be that as it may, if there are different choices that would create a more prominent parity of bliss over misery, at that point that alternative ought to be picked and discipline is unjustified. Kevin Murtagh, Sec 1a) In less complex terms, the thought is on the off chance that we are to gauge the constructive outcomes of discipline as against its negative impacts and the beneficial outcomes exceeds the negative ones then that discipline must be forced. This hypothesis to some degree looks forward and thinks about the results of discipline to the general public. Not at all like the Retributivist hypothesis which centers around the advantages to the person in question, in Utilitarian Theory different individuals from the general public is considered to profit by the detainment of the sentenced detainee. Discouragement Theory. For instance, the death penalty is viewed as helpful for the general public since it prevents the commission of more violations by different people. Under the Deterrence Theory, the burden of the criminal equity framework sends a solid message that it pummels wrongdoing. When an indicted detainee is detained or condemned to death it seems as though we are stating to the remainder of the general public that this will happen to the individuals who will damage our laws. It is likewise an open presentation that there is a war against wrongdoing and that any infringement of its laws will be truly managed by the state. When society sees that the infringement of a law will have genuine results to the miscreants then this will have a beneficial outcome to the general public by stopping guiltiness. Weakening Theory According to Incapacitation Theory, society is likewise profited by the detainment of the sentenced detainee since it cripples him from further carrying out wrongdoings and diminishes recidivism rate. (Lynch and Sabol) Experience shows that the individuals who have recently carried out violations are bound to carry out another wrongdoing. There is not any more successful method for crippling the guilty party with the exception of by expelling them from the general public. Along these lines, on account of inconvenience of capital punishment, an individual who is condemned to death can no longer carry out further wrongdoings since he is for all time debilitated to play out the equivalent. The general public is likewise profited when transgressors are imprisoned or condemned to death. We likewise forestall the chance of these individuals getting away from jail and carrying out further violations. (Contemplations on the Death Penalty p 2) The reason for this is the insurance of different individuals from the general public. Remedial Justice Theory The Restorative Justice hypothesis is another part of the Utilitarian Theory which gives accentuation on the reclamation of the criminal guilty party as one of the reasons for criminal equity framework. It tries to advance the goal of reestablishing the wrongdoer to the standard society by causing him to perform network administration, requiring repayment and other beneficial exercises while in jail. This depends on the hypothesis that a criminal guilty party is a socially wiped out person. Different individuals from the general public have the ethical commitment to give help and help to them.

   Our CSM team at IEW was recently challenged to start contributing to the blog by each of us writing a post. It sounded simple enough at the time, but when it came around to me to write my blogpost, my nerves started knocking. Honestly, attempting to bribe one of my fellow colleagues to write it for me briefly crossed my mind. However, due to their high prices—five pounds of chocolate plus lunch or another unnamed favor, this option quickly grew to be as steep a price as the agony of writing. So, here I am now, conquering my fear, hopefully growing more proficient in writing, and following in the footsteps of my fearless manager, Kristin. Keyboard, here I come! Thankfully earlier in the day during a conversation with my cubicle buddy, inspiration finally hit! Following one of my great loves for many years, I decided to share a poem. It took some time to find an appropriate one, but at last I found one that I felt conveyed accurately my feelings on the Thanksgiving season. With great delight, I offer this wonderful, heartfelt, and cozy poem, â€Å"Thanksgiving† by Edgar Guest.                     Thanksgiving                  by Edgar Guest                  Gettin’ together to smile an’ rejoice,                  An’ eatin’ an’ laughin’ with folks of your choice;                  An’ kissin’ the girls an’ declarin’ that they                  Are growin’ more beautiful day after day;                  Chattin’ an’ braggin’ a bit with the men,                  Buildin’ the old family circle again;                  Livin’ the wholesome an’ old-fashioned cheer,                  Just for awhile at the end of the year.                  Greetings fly fast as we crowd through the door                  And under the old roof we gather once more                  Just as we did when the youngsters were small;                  Mother’s a little bit grayer, that’s all.                  Father’s a little bit older, but still                  Ready to romp an’ to laugh with a will.                  Here we are back at the table again                  Tellin’ our stories as women an’ men.                  Bowed are our heads for a moment in prayer;                  Oh, but we’re grateful an’ glad to be there.                  Home from the east land an’ home from the west,                  Home with the folks that are dearest an’ best.                  Out of the sham of the cities afar                  We’ve come for a time to be just what we are.                  Here we can talk of ourselves an’ be frank,                  Forgettin’ position an’ station an’ rank.                  Give me the end of the year an’ its fun                  When most of the plannin’ an’ toilin’ is done;                  Bring all the wanderers home to the nest,                  Let me sit down with the ones I love best,                  Hear the old voices still ringin’ with song,                  See the old faces unblemished by wrong,                  See the old table with all of its chairs                  An’ I’ll put soul in my Thanksgivin’ prayers. Strangely, this poem is almost an epic picture of Shopen celebrations. Our voices grow louder as the numbers mount, rolling and rolling upon each other as we all enter through the door. Siblings gather from homes throughout the country, both near and far, taking joyful refuge at the Clear Creek Monastery Guest House. When a family outgrows the home as quickly as ours did, it soon requires a â€Å"destination† Thanksgiving. Reading through the poem as I write this, I can’t help but smile. Oh, the joy of family! Even though it may take a week to recover from these gatherings, I can’t wait to be reunited once again with family and begin settling into this new, beautiful holiday season. May you and yours be abundantly blessed in the months to come!    Lucy Shopen  is the youngest of seven. She homeschooled for many years and went on to receive her BFA in Dance from the University of Kansas. Since then she has worked in Kansas, traveled Europe and Great Britain, and been a small chicken farmer, au pair, dance teacher, and missionary. She has now happily landed in Oklahoma and is excited to work with the IEW Customer Service team.

Graduation Speech Low Participation And Achievement

1. Low participation and achievement in education settings: †¢ No role model to identify with – there is no set goal of what the learner wants to achieve when enrolling for English Literacy and Numeracy courses. †¢ No computer or access to a computer, and therefore computer illiterate, will leave the learner frustrated – English Literacy and Numeracy with computer skills are vital today when applying for higher paying employment in order to better your standard of living. †¢ No time to enrol in full time courses – adults must sometimes take on two or even more jobs to meet ends. This will leave them tired with no energy left to participate in part time English Literacy and Numeracy courses. †¢ Larger families bring more responsibilities – to participate and to achieve success in English Literacy and Numeracy are quite often not the number one priority. Takes too much family time. As Maori children and the younger adults (15+ years) had to enrol in schools with English Literacy and Numeracy – this result (as can see from the result in the Snapshot below) gives a very negative picture for our countrys future. Low income, low attendance and enrolling in the low-income decile schools left some Maori people with low or not sufficient qualifications to contribute to the economical growth of this country. â€Å"A snapshot of the Auckland Maori population in 2013 indicates: †¢ 49 percent of Maori students are enrolled in Decile 1-3 schools †¢ Maori made up 15 percent of all studentsShow MoreRelatedSports and Academic Achievement1494 Words   |  6 Pagesmanagement. We will be looking at studies that have explored the impact that athletics has on students’ academic abilities. 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Importance Of Education Essay - 1824 Words

IMPORTANCE OF ART FOR K12 STUDENTS AND CULTIVATING A COOPERATIVE SOCIETY Two concepts are proposed in this paper for the purposes of societal cultivation and human growth. One, that the Arts are critical to human development the growth of society. And two, a practical approach at implementing arts education within the Fairbanks community without relying on public school system. Early childhood and adolescent development are critical times in a human s life especially when it comes to facilitating intelligence growth. Having access to education and art is essential during these times, as it helps to acquire and use different types of cognitive ability, which in turn assists day to day living and relating to others. In order to relate†¦show more content†¦2012) The average modern school doesn’t account for the fact that humans are a diverse species with different types of intelligence and levels of ability. Today s school system is woefully out of date when it comes to effective learning, being based off of a model that was designed in the 1800’s and hasn’t changed much since. Even most teachers today agree that the methods they use are test-centric, based on memorization and regurgitation of facts only to forget it later on. Art is a great way for developing kids to attain this. By exploring empathy and emotional expression, learning about art, introspection, and looking at ideas from multiple angles children will develop the emotional and cognitive tools and connection making abilities they need to operate within society as adults.(Wolkowicz, T. 2017) I propose an individualistic ‘one on one’ approach in contrast to modern education. With mentorship, young students can receive attention in the areas they need most, this paired with artistic expression and artistic education will provide young students with the ability to live â€Å"live lives they have reason to value† (Maguire, Cindy. 2012) This is why I argue that the Fairbanks area should should start a mentorship program using art to facilitate the developmental needs of kids. 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Some people ask: what does acquiring an education do for someone that just wants to go to work after he or she finishes high school? He or she may think that it is possible just to graduate from high school and start working. Well it is possibleRead MoreThe Importance of Education Essay802 Words   |  4 Pages An education is something that one can keep for a lifetime. Acquiring a good education can affect one’s personal life, one’s community, and one’s entire generation. The only person who truly controls how educated I am, is me. My education feeds my intelligence, and since I want to be an intellectual, I want an exemplary education. In the end, no one can transfer knowledge from one brain to another, like a money transfer from account to account. It is something that I have to achieveRead MoreThe Importance of Education Essay690 Words   |  3 PagesOne’s Education advancements could probably be the most important decision in his or her life. 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You will enjoyRead MoreThe Importance of Education Essay1346 Words   |  6 PagesThe Importance of Education Education and learning is one of the most important processes in today’s society. Today’s youth are tomorrow’s teachers. In the â€Å"banking method† or education by memorization, the student’s are not being taught; they are only expected to memorize the material, which is not actually a learning process. Although there are a lot of misconceptions to the â€Å"Banking method†, I think that there are also a lot of good to this method as well. I think that the teacher’s job isRead MoreImportance Of Education Essay1578 Words   |  7 PagesAs Nelson Mandela stated, â€Å"Education is the most powerful weapon which you can use to change the world;† without education the world would be at a halt. On average, American children spend 6.64 hours daily at school for 180 days (National Center for Education Statistics, 2008). This means that an American child spends roughly 1,195.2 hours a year at school. If children are spending this much time in school they must be retaining most of the material being taught, correct? Well, unfortunately thatRead More The Importance of Education Essay782 Words   |  4 PagesThe Importance of Education Education has always been a crucial part of society for the past centuries. Some believe that our education is a privilege. Some believe that our education is a right. Some believe that our education is an obligation. The only obligation we might have towards education is to treat it as a privilege as well as a right, but certainly not an obligation to have an education. 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With this key fact in mind I push myself to become an educated person withRead MoreThe Importance of Education Essay1427 Words   |  6 PagesMost people will argue that college education in fields like traditional liberal arts and career-oriented subjects such as business, engineering and science is a stepping stone to success, and I agree because it provides one with broad knowledge, increased opportunities and greater potentials to succeed in life. The traditional liberal arts have been the foundation of advanced learning since dateless times. The idea that traditional liberal arts education at college level gives broad knowledge

Paper Bridge free essay sample

The total weight of the bridge must not exceed the weight of 4 pieces A4 80 GSM paper. When in use, the bridge ends must be laid freely on the support. 20mm at both ends must be free from any features; this is for the bridge support. A square platform size 40mmx40mm must be provided for weight loads. Competition: Each bridge will be inspected for materials used in the construction and for the use of glue. It will be weighted as well. Once the bridge is qualified, the length of the bridge will be measured. Fail to follow the rules will lead to the disqualification, and the group will score 0 for competition mark. After the length measurement is taken, the students will begin to stack the load (range of 0. 1N, 0. 5N, 1. 0N, 5. 0N weighted) on its load point. A student must add a load platform size 40mm x 40mm minimum that will be placed horizontally on the top of the bridge in order to support the load. We will write a custom essay sample on Paper Bridge or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It can be made of paper board or similar material. The loads are to be added one at a time, each can going on top of the previous load, until the bridge is crushed, or no longer capable of supporting the load. The total weight is considered up to the previous load added before collapsed. Scoring of the competition: The length will be determined by measuring the horizontal distance from the longest ends of the bridge. Total number of load (in N) before collapsed will be recorded. The team’s score will be earned according to the following formula:   Ã‚  Ã‚  Team Point = Total Load (N) The team who scores the most points will score full mark which means 10% for class project. The team’s final scoring for the competition will be determined by how well it does in relation to the other competitors based on the formula: Team Score   Ã‚  =   Ã‚  Team Points Earned   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  ? 0   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Winning Team Points Earned OVERALL SCORING OF THE PROJECT: PROJECT| CRITERIA| MARKS| COMPETITION| As per the above mention ed details. | 10| PRESENTATION| About 10 minutes of presentation. Should be well organized, clear subject demonstration, creative and original, utilize visual aids, and team work participation. Peer to peer review method. | 5| TOTAL| | 15| NOTE: The group is same as the laboratory group. Presentation handout must be submitted before the project’s presentation. Marks will be deducted for late submission and any attempt of plagiarism.

Third time is a Charm Essay Example For Students

Third time is a Charm Essay Their Eyes Were Watching God, by Zora Hurston is narrated in the eyes of a black woman named Janie. Janie was brought up in the age when blacks where free, but she was still under a social law inherited from her family which kept her bound. Janies grandmother and her first two husbands suppress her into a cocoon and it was not until she met her third husband Tea Cake, that she was able to break free and fly away like a butterfly. Janies grandmother had lived in the time of slavery, raising her under strict customs, in which men and women were not equal. Under her grandmothers guidance, Janie was required to marry solely based on a custom that is dependent on a man to provide for the woman. At this time, Janie did not intend to marry, but her grandmother wanted to insure Janies safety and told her, Taint Logan Killicks Ah wants you to have, baby, its protection (Hurston 15). Janies grandmother would at least pass on, knowing her granddaughter is with a man who could provide for her. J anies grandmother implicitly says, Neither can you stand alone by yoself Ah got tuh try and do for you befo mah head is cold(15), showing an effort to make Janie dependent on a man . We will write a custom essay on Third time is a Charm specifically for you for only $16.38 $13.9/page Order now Janie struggles to find some sign of love from her new husband Logan, but does not find love where love should be; all she finds is coldness and a husband who wants submission from his wife. It was Logans intention to mold his new wife and told Janie, Thought Ahd take and make somethin outa yuh (30), confirming an attempt to make her submissive and by letting her know how he feels about her role in the marriage when he says, You aint got no particular place. Its wherever Ah need yuh(31). All Logan expects from Janie is obedience. Logan expects her to stop what she is doing to help him, regardless if Janie believes if it is her place or not. Experience in a one sided marriage, persuades Janie to explore a different route in her freedom.After Logan wanted Janie to work like a man, she meets her future second husband, Joe Starks and runs away with him to get married. Joe is a black man, full of ambition and of authoritarian ways, but Janie does not realize this until after he sweeps he r off to a new town.Joe suppresses Janie so much that she felt as if, She was a rut in the roadPlenty of life beneath the surface but it was kept beaten down by the wheels(76). Even though Janie was approaching her forties later on in her marriage, she still was young for her age and life was about to be stifled. Every chance Joe had, he would keep Janie from being a part of life, he kept her shut up in a cocoon and made sure she knew her place under him. Joe had numerous chances as the mayor of a little black community, to let Janie express herself as a woman in politics. As the mayors wife, Janie should be allowed to give her view to the public, because she was a public figure. Joe would not allow this to happen as he explained why when he told the town, but mah wife dont know nothing bout no speech-makin Shes uh woman and her place is in de home (43). Janie would have liked a choice to make a speech, but Joe spoke for her. Although Joe gave her material comforts, Janie never felt free to do things she enjoyed explaining, but Jody wouldnt low me tuh. When Ah wasnt in de store he wanted me tuh jes sit wid folded hands and sit dere(112). Janie was locked away in Joes world and he kept the key. Joe provided a comfort of living for Janie, but she sought a comfort of mind; which Joe could not provide, because of his overbearing and possessive attitude towards her. Following Joe Starks death, Janies world changed dramatically for the good when she met her third husband, Tea Cake. He did not have much to offer Janie in regards to material things, but he did offer her freedom to express herself. The first few times Tea Cake visited Janie; he taught her to play checkers. Janie was immediately impressed with him and the freedom to play a mans game, she soon let him into her heart. Tea Cake opened Janies cocoon and let her out by letting her do things she was never able to do until now. They fished, hunted, danced and did various other activities Janie had never had th e opportunity to do. Janie had been with Tea Cake for two years, when they experienced a hurricane, and Janie surmises under the foul weather conditions, Its so many people never seen de light at all. Ah wuz fumblin round and God opened de door(159). Janie was telling her husband, that under the circumstances of possible death, she was able to see the light, which God had furnished her with an Angel of a husband and she was satisfied with him. After several years of suppression by her grandmother and two husbands, Janie was on the verge of depression, but Janie was able to begin a new life with Tea Cake. He brought the best out of Janie by letting her be free. Even after Tea Cake died, he was not dead to Janie. Of course he was wasnt dead. He could never be dead until she herself had finished feeling and thinking(193).It was Tea Cake who broke open her cocoon to let her fly free. Bibliography:Works CitedHurston, Zora Neale. Their Eyes Were Watching God. New York: HarperPerennial, 1 998.

The Pros and Cons if “Sonny’s Blues” has a Different Ending Essay Example

The Pros and Cons if â€Å"Sonny’s Blues† has a Different Ending Essay Example The Pros and Cons if â€Å"Sonny’s Blues† has a Different Ending Paper The Pros and Cons if â€Å"Sonny’s Blues† has a Different Ending Paper Essay Topic: Pros and Cons The Sonny’s Blues novel of James Baldwin has a very fundamental and decisive ending. The scene of the ending is in the jazz club where Sonny, brother of the undisclosed narrator in the story, is one of the musicians. The narrator agreed to with his brother to the club which he prejudged as full of darkness not beneficial and favorable to his brother. Sonny has an addiction to heroin which made him more distant to his brother because the narrator wants his brother to have a good life. This good life he is speaking of is like his life where he sees all things under idealistic view. But in this ending, the narrator learned to â€Å"listen† to his brother about his addiction. If the ending could have been different, one of the pros behind is that the message of the story could have been different. The symbolisms and the idioms within the story will relate different notions to different readers. There is also the possibility that the impact of this novel to the literature world could have been different as well. It may lead to a more famous James Baldwin if it turned out better or an average Baldwin because this novel has been the beginning of James Baldwin recognition in the literature world. There is also the possibility that the scope of readers it covers is wider aside from the depressed and anguished. The impact could have been better if the ending is revised in a different way as long as the continuity of thoughts of the story must not be disintegrated or disengaged. The original ending is very â€Å"pro† in relation to the whole story because it reveals and bares the degree of changes in the narrator’s life and view. This is further emphasized through a flashback of the narrator’s last conversation with his mother where his mother warned and requested him to hold onto his brother and to not let him fall no matter what is happening to his brother and no matter how evil he gets to his brother. She told the narrator that he might get evil to his brother many times but he must not forget what his mother told and requested him (Baldwin, 2002). Without thinking, the narrator made a promise to his mother that he will not allow anything to happen to Sonny. Her dying mother smiled because she was amused of the innocence behind that promise. Through the ending in the jazz club where Sonny was on stage playing and the narrator met his brother’s friends, fellow musicians, and patrons, he saw the appreciation they had to Sonny in a way the narrator is never was to his brother. The narrator starts to appreciate, recognize, and realize the importance of jazz and blues music to Sonny. Instead of aiming and forcing Sonny to fit and adapt to his world, the other way around, he was in Sonny’s world or rather his kingdom were he grasp that n this world flows a royal blood in Sonny’s vein compared to his. The narrator analyzed that jazz music was his brother’s and other artists’ way to express their agony, suffering, and fear instead of being addicted to heroin. What then plays in Sonny’s music was his life along with other artists’ lives. The misery and distress of the brothers from the beginning of the story and how they struggled to handle these problems made them different. The narrator handled it through keeping it within himself like an ice that made it all hard for him. Thus, he even considered Sonny’s struggles as his own that made him cautious anytime if Sonn y’s addiction will come back. Compared to Sonny, he is strong enough to face the reality of his problems and faced them through his music to release it. This final scene further exemplifies the tragedies that befell his parents, the death of the narrator’s daughter of polio, and sorrow of his wife which are the other highlights of the story as well. The narrator was touched with the music and felt its power that let him faced his pain right then. On the other hand, one of the cons if the ending could have been different is the possibility that the impact to the readers of the novel might be towards the negative side. There is also the possibility of discontinuity of thoughts of the story. If the style of the ending would be changed too, the impact of the story and its purpose is diverted or changed. But with the prowess of Baldwin in writing, even with a different ending this might not occur.

Case3 599 Coursework Example | Topics and Well Written Essays - 1250 words

Case3 599 - Coursework Example It was acquired by John Mackey, a college dropout who started with a Texas natural foods store called ‘Safeway.’ He expanded vigorously and by 1999 had 100 stores. Whole Foods is also listed on NASDAQ, currently as WFM. (Market, 2013) Porter’s Competitive Strategies A well positioned firm can function better even if its outer profitability doesn’t seem to be high compared to other companies. Within an industry, different companies position themselves, according to Michael Porter on different strategies based on their target scope and the advantage they have over other companies. Michael Porter has identified four strategies in this regard: cost leadership strategy which focuses on a broader market segment and low cost strategy to drive out competitors. Secondly, there is the differentiation strategy which also caters industry wise and has the advantage of producing unique products. There are also tow focused strategies which are basically subsections of the two aforementioned strategies; focused cost leadership that caters to a narrower target segment but competes on the basis of price, and focused differentiation strategy which differentiates and is unique yet caters to a narrow market segment. ... d sells them to wholesalers with a promise that they will sell them at a premium price and this is how it has differentiated itself in the minds of consumers. Whole Sales Market has managed to carry on with such a strategy because of the facilities and the skilled expertise to handle and manage differentiation in a broad target market. The firm needs adequate sources and new plants were opened up to cater to the needs of expansion as well. Since these are fast moving goods mostly that WMO produces, the shareholder value model wouldn’t apply as much as the unlimited resource model; that WMO needs to invest and manage risk and uniqueness in order to sustain its position in the marketplace for a long time. However, WMO may also be pursuing a cost leadership strategy which is why it has expanded in less affluent areas as well. Research shows that compared to other organic stores, WMO sells products at a cheaper price. And this is seen in the prices as well as the process of qualit y assurance. Food has to comply with the high quality standards that WMO has to maintain according to its policies; quality comes first. There are 270 stores, and they have their own farmers who also place utmost importance on quality rather than on negotiations over price that compromise quality. Many products of WMO are cheaper than the products at Safeway. They also focus on the ‘Whole Deal’ by either keeping the prices the same and adding value or cutting prices whenever possible without compromising on quality. (Porter, 1998) Congruence The Nadler-Tushman Congruence Model is a theory which aligns the inputs, throughputs and outputs of a system and it functions on the basis of certain assumptions: Organizations are part of a larger environment and social system There are three levels in

Economics Essay Example | Topics and Well Written Essays - 3000 words

Economics - Essay Example The political parties in most of the economies try to enhance the lifestyle of the individuals through economic growth and income redistribution in the market. Redistribution of income and raising the standard of living in society are mutually exclusive goals of the government. Figure 1: Economic Growth (Source: Scully, â€Å"Economic Freedom and the Trade-off between Inequality and Growth†) The economic freedom of a country is directly proportional to the level of economic growth in it. Figure 2: Income Inequality (Source: Scully, â€Å"Economic Freedom and the Trade-off between Inequality and Growth†) On the other hand, the level of income inequality is desired to fall with the rise in the level of economic freedom and hence, economic growth. However, there is a strong debate regarding the relationship between income inequality and income growth. Economic Inequality is the discrimination among individuals in terms of income or wealth. It basically elaborates the diffe rences among the individuals of a society in terms of their income, wealth and assets. Income Inequality can either be absolute or relative. Absolute income is the gross income received by the individuals. John Maynard Keynes states that the consumption expenditures of individuals are estimated on the basis of absolute income. Thus, absolute income inequality is the income inequality that denotes the differences in gross income thresholds of the individuals. James Duesenberry claimed that savings and consumption spending decisions of the individuals do not depend on the level of absolute income. Instead, it depends on the relative income level. The savings and consumption expenditures of the individuals are made by them after analyzing their position of income relative to others. Relative income inequality would occur when the absolute income levels would be unevenly distributed in an economy (NBER). Among all the methods, the most important method of measuring income inequality is Gini Coefficient measurement method. This measure estimates the statistical dispersion of income distribution of a nation. The value of income inequality on the basis of a frequency distribution is given by the Gini Coefficient. The value of this index lies from 0 to 1. Where, 0 indicates a situation of perfect income equality and 1 indicates a situation of perfect inequality of income. The diagrammatical representation of a Gini Coefficient is provided is a Lorenz Curve. Figure 3: Lorenze Curve Perfect Income Equality Line Income Inequality Cumulative % of Income Lorenze Curve Cumulative % of Population (Source: Authors Creation) The above graph is of a Lorenze curve (the convex curve). The distance between the perfect income equality line and the Lorenz curve measures the degree of income inequality. Therefore, greater the distance, greater is the level of inequality. The above coefficient is calculated by: It is believed that a greater extent of inequality in income in a nation i mplies the concentration of economic power in the hands of a small group of individuals. In such a situation, the producers in the market get tempted to allocate resources to luxuries and comfort products, instead of basic necessities. The lack of basic necessit

S.M.A.R.T. goal setting Essay Example for Free

S.M.A.R.T. goal setting Essay Principles for setting goals have been designed. One of the common and most effective principle is S. M. A. R. T. Goal Setting. S. M. A. R. T. stands for Specific, Measurable, Attainable, Realistic, and Timely. ? Specific – It must be clear in the mind of the athlete what exactly he must achieve. Vague or general goals will not help the athlete. According to Locke and Latham (1990), specific goals contribute to higher level of performance than general goals (as cited in Taylor Wilson, 2005). In setting specific goals, sex questions are asked: Who, What, Where, When, Why, How. †¢ Who are involved in achieving this goal? †¢ What do I want to accomplish? †¢ Where will I accomplish this goal? †¢ When do I have to achieve this goal? †¢ Why is it important to achieve this goal? †¢ How can I achieve the goal? (Loo, 2007) ? Measurable – Goals should be quantifiable. In this way, the athlete can gauge his level of success. An athlete who can perceive his progress will be motivated to continue and improve. ? Attainable – Setting impossible goals tend to create anxiety. This affects intrinsic motivation and confidence adversely. Conversely, An athlete should also be challenged to maintain the stimuli needed for him to play the sport. The goal should not be too easy to achieve neither to hard to attain. Determine the level of skill of the athlete then set a challenging yet attainable goal. ? Relevant – Different athletes will have different individual goals. Just because a successful player set a certain goal, it does not mean that all team members should set the same goals. Assess which goals would enhance the output of which athlete. ? Timely – Set deadlines for each objective. Timelines create a certain urgency to work on the goal. Without deadlines, there is a tendency to put off the accomplishment of the goal for another day. Eventually, they would not be met. Team Goals Athletes in team sports need to work with different individuals. Each of them would have their own idea of achievement and success. Each would have an opinion on what the team should do and how to do it. Setting a team goal is essential in unifying individual intentions. A team goal would help keep the players in sync. Giving them one direction strengthens the team. Individual Goals Setting individual goals take a back seat in team sports. What athletes and coaches fail to realize is individual goals can contribute to achieving the team goal. Since the team sets the primary goal, the secondary individual goals should be relevant to it. Have the team discuss as a group what they would want to achieve together. Have them formalize this by writing it down. Then ask each player to come up with their own goals which they believe would help bolster the team goal. (Taylor Wilson, 2005) CONCLUSION Motivation is crucial to an athlete’s productivity. Both extrinsic and intrinsic motivation play a role in maintaining the athlete’s drive to achieve. However, heavy emphasis on extrinsic motivation does not sustain an athlete’s urge to continue participating in a sport. Intrinsic motivation, being more of a state of mind, is harder to cultivate. Yet, tried and tested solutions are available to a coach to foster internal motivation. The coach is tasked with identifying the athlete’s needs and meeting them. Having fun and feeling worthy are identified as the essential needs of every athlete. Fun in sports can be achieved in various ways. It is left to the creativity of the coach to come up with activities that would be enjoyable to the student-athletes. Self-worth and competence depend highly on how others react to the athlete’s skill. Affirmation and positive feedback are essential in building a positive perception of one’s worth and competence. Flow is an ideal state. Athletes have achieved this state and would understandably desire to replicate the experience. There is no guaranteed way or step – by – step plan to achieve flow. However, working on an athlete’s mental skill has proven to increase the occurrence of flow. There are four ways to achieve flow: focusing in the moment, eliminating distractions, visualizing perfect performance and building unconscious confidence. Focusing in the moment requires the athlete to absorb himself entirely in the game or competition. This can only be achieved by eliminating distractions. Negative thoughts should be pushed aside and focus should be placed in the present. On the other hand, visualizing perfect performance through self – talk can automatically put an athlete in to a state of flow with practice and training. Building unconscious confidence is done consciously. There must be awareness and commitment to build the confidence needed to succeed. Goal setting is another tool in cultivating an athlete’s motivation. Certain types of goals must be set for other forms of goals to be achieved. It is important for the coach to know which type of goal should be utilized at which time. Essentially, it is the coach’s responsibility to guide the athlete in developing himself both physically and mentally. In fact, developing one without the other would adversely affect the performance of the athlete. In the end, it boils down to the coach’s creativity, perseverance and his own motivation. Bibliography Burton, D. Raedeke, T. (2008). Sports Psychology for Coaches. Illinois: Human Kinetics. Garnett, M. (2008). Preparing the Succesful Coach. Massachusetts: Jones Bartlett Publishers. Higgins, E. T. . (1986). Activity Engagement Theory: Implications of Multiple Identifiable Input for Intrinsic Motivation. In Sorrentino, R. Higgins, E. T. Handbook of motivation and cognition: Foundations of Social Behavior Volume 2. New York: Guilford Press. Jackson, S. Csikszentmihalyi, M. (1999). Flow in Sports. Illinois: Human Kinetics. Jackson, S. Kimiecik, J. (2008). The Flow Perspective of Optimal Experience in Sport and Physical Activity. In Horn, T. (3rd Ed. ) Advances in Sports Psychology. Illinois: Human Kinetics. La Prath, D. (2008). Coaching Girls Soccer. Illinois: Human Kinetics. Loo, T. (2007). SMART Goal Setting 101: The Definitive Guide to Goal Achievement. Retrieved May 1, 2009 from http://www. synergyinstituteonline. com/detail_article. php? artid=374 Martens, R. (2004). Successful Coaching (3rd Ed. ). Illinois: Human Kinetics. Mauzy, J. Harriman, R. (2003). Creativity, Inc. Massachusetts: Harvard Business Press. Schenck, R. (1999). Athletic Training and Sports (3rd Ed. ) Massachusetts: Jones Bartlett Publishers. Schone, D. (2008). Motivating student-athletes: The who, what, why and how. JJ Huddle’s Ohio High. Retrieved April 30, 2009 from http://www. jjhuddle. com/news/articles/2008/12/19/motivating-student-athletes-the-who-what-why-and-how. Taylor, J. Wilson, G. S. (2005). Applying Sports Psychology. Illinois: Human Kinetics. United States Tennis Association. (2004). Coaching Tennis Successfully (2nd Ed. ) Illinois: Human Kinetics. Weinberg, R. S. Gould, D. (2007). Foundations of Sport and Exercise. Illinois: Human Kinetics.

The One Day of the Year Essay -- essays research papers

How are the main characters in a play constructed to represent the text’s underlying values and attitudes? Answer with reference to at least one stage drama that you have seen or studied. The One Day Of The Year explores a family’s relationships at the time of Anzac Day. It is the story of a son questioning the validity of Anzac Day as a true commemoration of our soldiers, while his father refuses to accept the changes in his son’s attitudes, Alf’s wife tries to anchor the family and Wacka, the true Anzac, remembers his experiences in his own way. In contrast, Alf and Dot, his parents, are obviously more traditional. The rest of the house is small, the furniture is dowdy, and their kitchen is primitive. It is then that the viewer is introduced to Alf's attitudes towards life. He is sitting at the table getting progressively more drunk and whingeing about all those more fortunate than himself. His language is slang, and his vocabulary includes words such as â€Å"wotcher†. He also has a strong ‘dinkum-di aussie’ accent. He is obviously uneducated and resents those who are. The family then begin to talk about Hughie and we realise that he has modern clothes and a ‘sports suit’. These are in contrast with Alf and Dot’s old clothes- Dot has just removed a large overcoat. In the next scene, the viewer is introduced to Hughie and Jan. Jan uses upper-class language and condescendingly uses words such as ‘marvellous’. Hugie’s language is not upper-class, but in comparison to Alf’s ...

Narrative of Fredrick Douglass

The greatest thing about reading Narrative of the Life of Fredrick Douglass is that there are many different and interesting themes to learn from. Throughout Douglass’ story he teaches us many lessons and motifs, but one thing that stays constant is his belief in the fact that all men and women should be created equal, with equal rights without any constraints to his or her own individual freedom.The treatment of Douglass himself and the other slaves he worked with was unbearable and under such horrible circumstances that after reading his autobiography; it really makes me wonder what other types of things other slaves had to endure during their experiences. Narrative of the Life of Fredrick Douglass shows its readers that even though times can get extremely hard, there will still always be hope even when you think there is none. One of the most important ways slaves were kept in bondage was not simply the threat of physical brutality; rather, it was through deep and sustained ignorance.Slaves were not allowed to read and write and were therefore generally not aware of the events outside of the plantation, could not communicate with each other well to provoke rebellion or conduct escape plans, and could not reach the sense of self-sufficiency and pride that came from being educated. Literacy brought with it an understanding of the larger world. It opened up before a slave the idea of justice and an understanding of history. Reading the Bible led to a truer comprehension of Christianity. Douglass was able to first engage with abolitionism when he attained literacy.He also became fully aware of the reality of slavery; he wrote â€Å"[Literacy] had given me a view of my wretched condition, without the remedy. It opened my eyes to the horrible pit, but to no ladder upon which to get out. In moments of agony, I envied my fellow-slaves for their stupidity† (Page 56). Ignorance was thus a way for slaveholders to keep their slaves manageable, happy, calm, and content. Once a slave moved beyond such darkness into a world filled with understanding, he was only able to do what Douglass eventually did – attempt to escape from his ties.While reading Narrative of the Life of Fredrick Douglass it is almost like reading about how white men dehumanized their slaves. The first example of this is shown in Chapter 1 when Douglass’ mother passes away. â€Å"Never having enjoyed, to any considerable extent, her soothing presence, her tender and watchful care, I received the tidings of [my mother’s] death with much the same emotions I should have probably felt at the death of a stranger† (Page 43).This quote explains that Douglass, like many other slaves, never had much of any relationship with their birth mothers. Considering that some slaves are taken away from their birth mothers only a few short years after they are born it is easy to understand why Douglass felt this way. It’s extremely sad to read how a chi ld can feel almost no emotion after hearing of such a tragic loss. I imagine if that were to happen to me and how I would feel and can only feel disheartened by the fact that most slaves never got to have relationships with their mothers.Another example of such degrading behavior by the slaveholders is simply how they scarcely feed their slaves. They expect so much work and cooperation from them and think that any amount of food, big or small, will help them to get their work done. Slaveholders instill in the minds of slaves that being unfed, whipped and called awful names is the best kind of life they will ever have. These were horrible characteristics of slavery but were well depicted by Douglass in his autobiography. According to Nathaniel P.Rogers’ Southern Slavery and Northern Religion: February 11, 1844 (Page 139), it is explained that Douglass arrives to give a speech and to tell his story to an audience who is very apprehensive and uncertain about hearing him speak. H owever, they were very curious to see him. After giving his speech, which was well received by the audience, he was asked more and more questions and they wanted to know more about his life and journey through slavery in general. â€Å"There was great oratory in his speech-but more dignity and earnestness than what we call eloquence.He was not up there as a speaker-performing. He was an insurgent slave taking hold on the right of speech, and charging on his tyrants and bondage of his race† (Page 141). Reading this review makes me really happy to know that while he had an awful time as a slave, escaping and gaining freedom was the best thing that ever happened to him. It is satisfying to read that others can feel for Douglass, though not come close to imagining what he had gone through, but having some sort of sympathy and realization that he and many other slaves are great human beings with inspiring stories to share about he freedom they all deserve. He teaches us that while we all go through horrible things; there is always a silver lining and something to be learned. Narrative of the Life of Fredrick Douglass has really taught me a lot about myself and about a whole other kind of people that I really had no knowledge of. I truly believe that Douglass makes his audiences believe in what stands for; all men and women should be created equal, with equal rights without any constraints to his or her own individual freedom. This autobiography has a lot to teach a person and I would recommend it to anyone.It is thoroughly enjoyable and is the kind of book that makes you look past just the text. It makes you think about your own life, putting it in perspective and realizing what is really important. It is an interesting story that not many have heard themselves and really know little about its topic. I suggest to anyone who wants to read this narrative that they keep an open mind no matter what their previous views, religious or not, are so that they can ful ly understand and accept this person’s journey through slavery.

How Adequately Intellectual Property Rights Protect the Position of the Creator - Free Essay Example

Sample details Pages: 10 Words: 2882 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? This essay will consider the topic of how adequately intellectual property rights protect the position of the creator, with whom those rights may reside. The essay will deal with four specific areas of this topic à ¢Ã¢â€š ¬Ã¢â‚¬Å" (i) intellectual property patents; (ii) copyright; (iii) trade marks and (iv) industrial design law. The essay will deal with the nature of intellectual property rights, their scope and efficacy. Intellectual property rights, and their various forms These rights accrue where something is created, such as where a scientist invents a machine that performs a certain function. Intellectual rights are legal rights, and they give the creator a right to ensure that a creation is not reproduced, without the authorisation of the creator. The intellectual property right therefore protects the creation, since the creation can, and usually is a saleable commodity. By extension the rights of the creator are also protected, because the creator may enforce these legal rights against any third party who attempts to reproduce their creation without authorisation. Thus a creation attracts a range of legal protections that a creator can enforce, thereby protecting the profitability of the creation. Intellectual property rights can be transferred, as the right of protection is tied to the creation, more than it is to the creator, and this frequently occurs, for example in relation to the intellectual property rights in drugs that are owned originally by a given scientist, but transferred to the company that may employ the scientist, and fund their research. Intellectual property rights are protected depending on the nature of the item that is to be protected, and these protections can take specific forms such copyrights, or patents depending on the actual nature, properties and characteristics of what is to be protected. A patent offers protection regarding the intellectual property rights in a new invention. Patent protection is more directed at the process through which a creation is created . It focuses on the process itself, thereby protecting how a creation is created. There are certain criteria that apply to distinguish a patent as opposed to another form of intellectual property protection. These are: the invention must be new, and contain an innovative step that is original. There must be scope for the creation to be used within industry. In order to be patentable, the creation must not be a scienti fic, or mathematical discovery, theory or method, a literary work or some form of performance, a way of presenting information or of doing business or performing, a variety of animal or plant, a diagnostic technique or medical treatment. Furthermore a patent must not offend public policy or morality. A patent, therefore is where intellectual property rights accrue within a certain set of parameters, such as where a timescale applies. An example of this is the intellectual property rights that accrue to drugs manufacturers à ¢Ã¢â€š ¬Ã¢â‚¬Å" these are protected by patents, and international law provides that these last for a given length of time, which in turn enables third parties to reproduce the drug after the patent has expired. A patent must almost always be applied for, with the authorisation of the creator. Copyright protects particular types of works. Usually this is works that have an author, such as a book, article of some type of performance, such as a musical or other artistic performance. The Copyright, Designs and Patents Act 1988 gives automatic protection to the work of such a creator. In the UK the main source of legislation that protects the position of the creator is the Copyright, Designs and Patents Act 1988. Don’t waste time! Our writers will create an original "How Adequately Intellectual Property Rights Protect the Position of the Creator" essay for you Create order The rights of creators under the various types of intellectual property rights In regards to copyright, there is no need to apply for a patent , although it must be borne in mind that particular exemptions apply. The operation of these exemptions offer some level of accessibility to third parties, who can reproduce the work for a particular, defined purpose without infringing the legal copyright of the creator. An example is where a book, protected by copyright is borrowed from the library by a student, and the student photocopies the contents of it for study purposes. The student is authorised under statute to do this, as long as the photocopy is used for this particular purpose. Likewise a tutor may use a book in the same manner. This exception is known as the fair-dealing exception. The protections available to copyright holders are premised on defaulted assumptions that operate automatically. This gives the creator a specific and in many senses, quite a clearcut level of protection where their copyright may have been infringed. The exemptions, while they appear to quite wide-ranging are nevertheless limited to very specific types of non-commercial situations, and due to this, it would be difficult for the exemptions to be abused in order for the intellectual property rights of the copyright holder to be infringed. The copyright, as far as this protects the position of the creator is therefore quite an effective construction. It may be seen as cost-effective as a copyright holder does not have to incur any expense prior to any potential infringement of their copyright. The rights of the copyright holder may therefore be seen as quite effectively protected under the law of England and Wales. The situation of the intellectual patent holder is different, for a number of reasons, and the case for how well the creator is protected under the system is not quite as clearcut. By contrast with the situation in respect of copyright holders, the intellectual property patent is a source of protection that must be applied for, and granted. Patent rules thereby impose an obligation on the creator to acquire protection, and to prove that the creation in question is worthy of such protection. In this sense the copyright protection accrues on a defaulted basis, whereas the patent is a different mechanism that must be activated, before it creates an enforceable right of intellectual property right protection. However, the automatic nature of the protection that is created by a copyright has the drawback that rights are qualified by statutory rules, and this is something that the intellectual property patent is not as susceptible to. The situation of the patent-holder creator is therefore affected by complex factors including the nature, and means through which intellectual property rights may be invoked and the manner is which they are created in the first place. The most starkly relevant point is the level of obligation placed upon the would-be patent holder who is the creator of an invention . This burden imposes a high level of expense on the part of the creator, and due to the availability of the mechanism, the recourse that may be affected by creators that fail to use it are quite limited. Furthermore, the creation of a patent does not offer a full level of protection to the patent holder, since any allegations that the patent has been infringed are subject to the burden of proof in legal proceedings and proving an infringement is yet another potential complex and expensive engagement with legal processes. On the other hand however, the obligation placed upon the patent holder requires the creator (or the third party to whom a creator may have passed their intellectual property rights to) to define their creation, and explain its purpose clearly, within documents that are recorded and held by third parties. This process may arguably safeguard the position of the patent holder since the prior description may be helpful in terms of proving any future potential infringements. The complex nature of the patent can also confer rights on the creator of a patent, where that creator has assigned the rights of the creation patented, to a third party such as an employer. This is a situation that is commonly experienced, where a pharmaceutical company, for example hires researchers to research the creation of new drugs. This was the situation in the case of James Duncan Kelly and Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181, (PAT) . The background to the case was that the claimants were employed by GE Healthcare (the respondents) and during the course of their research, commissioned by their employer they developed an extremely profitable creation, which their employer benefitted from immensely. The case appears to contradict the statutory provisions that govern patents commissioned by employers through research in these circumstances (section 39 of the Patents Act 1977), since these provisions automatically vest the rights arising from creations made in the course of employment into the possession of the employer. The judicial analysis in James Duncan Kelly and Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181, (PAT) identified the rights of the employees as limited, and the profit they made from the venture was actually referred to as compensation in the judgement, but the judgement nevertheless does appear to considerably strengthen the position of the creator, where the creator is employed and assigns the rights associated with their creation to a third party (in this case, the employer) . It may be argued therefore, that while there are considerable obligations placed upon a creator, in terms of obtaining patent protection, the developed body of patent law, regulation and rules appears to have quite an equitable approach to the enforcement of a patent, and this may not necessarily be visible within the other areas of intellectual property regulation. Trademarks, too are a separate category of intellectual property rights that have specific characteristics. A trademark is a mark that indicates or signifies information. It is usually used to indicate that particular items have a unique source, and trademarks are commonly used by businesses or individuals, so that their products or services may be distinguished readily among potential users of the trade-marked goods or services. Problems can arise with the use of these trade marks, for example a well known brand of boots à ¢Ã¢â€š ¬Ã¢â‚¬Å" UGG boots for example are known for their unique style, durability and quality. Another manufacturer can reproduce the boot, but use a trademark that is slightly different although not easily distinguishable from the original UGG logo. Due to the, customers identifying with the UGG brand can confuse the two, and purchase the other UGG brand. This can be potentially damaging to the original UGG provider for two main reasons. Firstly, it can divert business from the original UGG provi ders due to the confusion about the brand, and secondly where another provider sells poor quality boots, this can damage the reputation of the original UGG provider, where there is confusion about the trademark, due to similarity with other trademarks. These difficulties have resulted in trademarks being given intellectual property status, and legal protection. Again however, the protections offered in connection with trademarks are different from the other forms of intellectual property rights protections that have previously been discussed in the essay. Trademarks are protected where they are used in a market, or where they are registered. In this sense there is a dual form of legal protection available in contrast with the law of copyright, which is automatic and the patent, which requires registration. In this sense the trademark may be seen as having benefits associated with copyrighted material, as well as patented material. This being said however, the rights that ma y be enforced by the owner of a trademark that is not registered, are far more limited than the rights that may be enforced where the trademark is registered. Furthermore, there are additional costs burdens on complainants wishing to enforce intellectual property rights in connection with an unregistered trademark. Perhaps the main advantage of the particular operation of the trademark intellectual property right is the retrospective nature of the operation of the intellectual property right, which sets the trademark apart from the patent in many respects. The owner of a trademark must also grapple with the changing socio-political and socio-economic developments such as the increased use of global markets to conduct trade. The internet, likewise and the range of associated technological developments that have emerged over recent years, have also changed the nature of protections available to the owners of trademarks. In response to this the Madrid and CTM systems of t rademark registration have emerged. The Madrid system is an international system for the registration of trademarks, which enables a trademark to be registered across multiple jurisdictions. Likewise, the Community Trade Mark system is a trademark system that operates on the basis of EU policy, law and agreements. It enables trademarks to be registered across multiple jurisdictions. However, both of these systems have a single drawback à ¢Ã¢â€š ¬Ã¢â‚¬Å" they are not fully international, and thus the owner of a registered trademark may be susceptible to infringements of their trademark intellectual property rights, where the agreements are not effective, for whatever reason. The Madrid system has proven to be the most successful, as problems have been identified with the dual approach to the protection of trademarks, under the Community Trade Mark system, given the fact that most EU jurisdictions have national schemes for the protection of trademarks, that operate in conjun ction with the EU-wide one. The Madrid system however, has a more central focus and it enables the owner of a trademark to file a single application for trademark protection, and use it to obtain protection in the other jurisdictions that are subscribed to the intellectual property rights protection system. That person attempting registration does not have to apply in the other jurisdiction also, and this means that the Madrid system is widely regarded as being more cost-effective. The situation of the creator in terms of industrial design law is essentially one that is highly specific and individual, setting it apart from the other areas of intellectual property concerns. The creator of an industrial design can acquire intellectual property rights to that design whether the design is registered or not. This sets it apart from the position of the patent. However, the structure of the design right may be seen as flawed however, given the length of time that an intellectual p roperty right can last (usually 15 years, and 25 in some cases). The time limits that apply to patents may be seen as more justifiable, give that on many occasions the removal of the patent paves the way for cheaper drugs manufacture in developing countries. This essay has considered four separate areas of intellectual property law à ¢Ã¢â€š ¬Ã¢â‚¬Å"copyright, trademarks, patents and industrial design law. The characteristics of each has been evaluated and considered. Essentially each intellectual property protection provision is different with its own approach to the protection of specific types of intellectual property rights. It has been argued that the operation of the protection and how it may be created is critical to the value of the protection offered to the creator. It has been argued that the position of the creator is arguably protected better in a situation where some form of retrospective remedy, or prior protection is given to the creator. Nevertheless, the regulation of patents, notwithstanding that it does not have this constitution, may be seen as progressive given the equitable approach to the assignment of rights from creators that are employees, to their employers that was demonstrated in the case of James Duncan Kelly and Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181, (PAT) . The essay has also addressed how the changing socio-political and socio-economic climate has affected the situation of the creator in terms of intellectual property protection. It has been argued that these changes have impacted the world of intellectual property protection by making it more complex, and more onerous on particular firms and businesses in terms of operating their businesses. It must be acknowledged however, that the framework for the operation of intellectual property protection is regulatory, and due to this it is quite impossible to have a perfect system. There will always be complexities and difficulties that arise from the very process of regulation. In the case of intellectual property protection it may be argued that the different legislation provisions that specifically target each area of intellectual property protection are unique and tailored to the particularities of their remits. Given this complex fabric, it is difficult to compare and contrast the systems, and identify one that is more flawed, or more advantageous to the situation of the creator. The writer has therefore attempted to highlight how each system may advantage and disadvantage the situation of the creator. Bibliography Books Banbridge, D. (2006) Intellectual Property (6th Edition) Longman, UK. Bently, L. and Sherman, B. (2004) Intellectual Property Law (2nd Edition) Oxford University Press, Oxford. Lawson, F. and Rudden, B. (2002) The Law of Property (3rd Edition) Oxford University Press, UK. Panesar, S. (2001) General Principles of Property Law (1st Edition) Pearson, UK. Articles Cohen, J. (2009) Share and share alike. The New Law Journal. 159 NLJ 465. Forte, P. (2008) In practice: legal update: copyright, music and exemption. The Law Society Gazette, 27th of November, 2008. Leong, S. (2007) Copyright infringement in a borderless world International Journal of Law and Information Technology 15 (38) Zeko, G. (2007) State Cyberspace jurisdiction and personal cyberspace jurisdiction International Journal of Law and Information Technology 15 (1) Other Sources Halsburys Laws of England and Wales (2006) Copyright, Design Patent and Related Rights Nature of Copyright (Volume 9 (2) Paragraph 3) Halsburys Laws of England and Wales (2009) Trademarks (Volume 11 Paragraph 1-1108) Halsburys Laws of England and Wales (2009) Patents (Volume 11 Paragraph 1-1108) Halsburys Laws of England and Wales (2009) Copyright (Volume 11 Paragraph 1-1108) Halsburys Laws of England and Wales (2009) The Copyright, Designs and Patents Act 1988 (Volume 9 (2) Paragraph 54)