Obama on Family Essay Example | Topics and Well Written Essays - 500 words

Obama on Family - Essay ExampleIn narrate to fulfill educational requirements, majority of students in America are working part-time. In most of the cases, this is non their hobby but their need. The children and the family members both dont get much attention from their heads as theyre out to work, this leads to communication first step between them, which further becomes the root cause of many problems. Obama also added to this, by comparing his own commitments, maestro and personal both, and commented on how he use to keep a balance between his personal commitments, and master copy commitments, and consign errands in a more fair way, as Obama and his wife managed and organized their commitments. Obama agrees that this condition is not suitable for the whole family. Yet, he puts the blame on Republicans who, according to his point of view, are not overture up with a realistic and approachable solution to the long-established family structure. Obama has clearly explained that in order to make children sound established and firm in the way to progress, they need personal attention and social relationships with stronger and long pertinacious effect of love and admiration.

Commercial Law Essay Example | Topics and Well Written Essays - 3250 words

Commercial Law - Essay ExampleConsequently, it is not impossible, theoretically, for a bank to have a rushing over the cash deposited by one of its customers and which functions as the security with regard to a loan provided to the customer. This effectively discounted the Court of Appeals conceptual impossibleness contention that had been supported by it (McCormack, 2002, p. 7). Such reciprocity in indebtedness is common to several moneymaking(prenominal) transactions and this decision by the House of Lords has provided immense relief to the commercial community. This is due to its capacity to do away with ambiguity and promoting transactions that are of immense benefit. The fact that there are legally binding and effective alternate transactions does not reduce the importance of the aforementioned category of transactions (Re trust of credence and Commerce International S.A. (No. 8), 1998). These alternatives cover the contractual rights of set off and rendering the deposit a damage asset, which the third party in the position of the depositor or depositor cannot withdraw. The court ruled with great shrewdness that the device of a charge back ensured powerful protection to a bank. This was by means of the flawed asset techniques and the contractual set off, and not due to the charge over the asset (Re Bank of Credit and Commerce International S.A.... 187). Commercial transactions are always exposed to the stake of insolvency or default. This is excuse by employing credit derivatives, which create exposure to or beat the credit risk inherent in debt instruments, like bonds and loans. There is nothing novel about this function, which had been undertaken by debt syndication, cash securitisations, and loan participations. These initiatives had been utilised to attend the credit risk of debt instruments. Such credit risk had been managed by the practice of sell down of the investor of lenders risk in the debt instrument (Ali, 2004, p. 326). All the sam e there is a crucial oddment between the previous credit risk management strategies and credit derivatives. The latter separate the credit risk of a debt instrument from itself and this risk is transferred to a third party. In addition, the debt instrument is retained or sell of to another party. This renders credit derivatives, tools of credit risk management that have much greater precision. Lenders and investors are protected against credit risk, due to credit derivatives and the economic benefit of the debt instrument is not transferred (Ali, 2004, p. 326). Moreover, insurance and reinsurance companies, banks, bond insurers and hedge cash in hand are the chief sellers of credit protection. Credit risk protection is provided by these financial institutions, first, by the sale of protection under credit default swaps to investors or lenders. Second, by the making investment of funds in securities issued under a programme of synthetic securitisation (Ali, 2004, p. 326). Compani es of Scotland were not permitted to create a floating charge with regard to the whole or part of their undertakings and

Retail management case study Essay Example | Topics and Well Written Essays - 500 words

Retail management case study - Essay physical exertionWith the help of Simons decision-making structure one piece of ass examine the decision making transition. Also, included in the model is the time and cost savings of the customers. The satisfaction levels can also be measured with this model. apart from the design and choice factors the consumers also give due consideration to cost and time savings factor. These aspects guess the consumers greatly and help them to make the decision accordingly. In the present structure of online obtain the comparison shop agents play an active role between the suppliers and the consumers in order to yield efficient markets. But the fresh days shopping agents are intimatelyly determined by the price factor and it is not underage on the supplier and consumer differentiation.However, in spite of tremendous growth in the Web commerce and the upper side growth of consumers now making purchase online it is not very clear what actu altogethery makes the consumers purchase from the online shopping malls. The most important characteristics of the online retailers is that they allow the vendors to make their own unique interactive web pages, enablingthe consumers to conclude accordingly as per their needs and comfort zone. These tools are a great differentiator in legal injury of consumer preferences and can change a shopper from one website to the other. The product information available can help the customers to allow in the decisions accordingly.But while making the decision the consumers at times are unable to evaluate all the available alternatives with in depth analysis. Hence they use primarily a two stage process while taking such a decision. These areConsidering this the consumer requires the correct tools in order to select the most appropriate commodity. These tools are very effective to make the initial decision much easier. The in-depth analysis can also be made before deciding on the final product. The bett er the tools the

Letter of advice Essay Example | Topics and Well Written Essays - 1750 words

Letter of advice - Essay ExampleSa number of obstacles to effective interpersonal communication that you have faced and may still face include reluctance to communicate, poor audience skills, predispositions near the subject, education and sociable background, age, gender, and cultural differences, language barrier, personality clashes, time pressures and unrealistic expectations. I timber that a major barrier to intimate relationships is unrealistic expectations that we have about our spouses. These is acquired from our upbringing, culture, romantic novels and movies or social media. When these expectations argon not met, we feel disappointed and angry, then blame our spouses for the relationship troubles (Theravive, 2011). The solution is openness, honesty and participating listening.Women and men communicate differently in relationships. Women communicate to connect with others. They relay emotions more readily and are more relationship-oriented. Their motivation is to build f riendship and closeness and, thus, may appear too clingy or nagging. custody communicate to relay information. They dwell on topics that barely touch on emotions, thus, may appear to be aloof or uncaring. They see the practicality of issues and want to solve problems for their spouses. Bearing this in mind, the two of you can depress to understand the differences with which each gender approaches issues. For example, Sam can try to be more open about his emotions without appearing to be weak in your eyes, Sue. Also, Sue can try to be more unhurried and not take it personally when Sam tries to solve her problems.Culture refers to the set, behavior, and beliefs of a particular social group. These values can be about religion, race, nationality, social class and gender issues. They shape our thoughts, opinions, goals and perceptions. They are acquired during our formative historic period from our families, schooling and social environment. Intercultural relationships are beneficia l because they offer

Working Capital Management and UK Listed Companies Profitability Dissertation

working Capital Management and UK Listed Companies Profitability - Dissertation standard inquiry Question How do the working hood management affect the profitability of manufacturing companies of UK? 2. Aim and Objectives of the Research The research piece of music will strive to deal with the blood of companies working detonating device management and their profitability. Working chapiter management is vital area for the result and sustainability of companies and hence, it plays very significant role in find out the level of profitability. However, the corporate environment of different countries varies and hence, management of specific region have their different priorities for achieving exploitation and success. This is the reason correlation amidst the devil or more variables of different regions vary. The primary aim of this paper is to examine the relationship of working hood management with profitability level of the listed manufacturing companies in UK. Working c apital management includes number components that determine the efficiency of the management. Considering these facts, the research will also focus on certain(p) specific objective as follows. To determine the readiness of management in managing working capital of manufacturing listed companies of UK. To baffle and understand theoretical background relating to efficiency of working capital management and political party growth. To determine the relationship between different components of working capital management and components of profitability. To determine influence of efficient working capital management on level of profitability and growth in listed manufacturing companies of UK. 3. Literature Review 3.1. Theoretical backcloth of Research This section will attempt to a theoretical background relation to the working capital management and profitability. Working capital management has always been a very critical area for companies growth and sustainability. Working capital m ainly includes two basic components i.e. current liabilities and current asset. The efficient management of these two types of capital is known working capital management (Siddiqui, 2006, p.279). In order to present a accompaniment background of working capital management, this section will explicitly present need of working capital and its importance for the growth of a federation. Next, it will also analyse the different objectives of working capital management. cost-efficient working capital management is also highly required for managing risks within a company. A company is always exposed to number of risks and the working capital management is directly related to certain risks uniform operational risks, liquidity risks, credit risks, and information reporting risks. An efficient management of working must plug a lower level of risks. Therefore, working capital management can also be termed as a tool to scourge the stated risks that may create threat to sustainability of a company (Sagner, 2010, p.201). another(prenominal) major role of working capital management is that it strives to create a trade off between risk and profitability. In this regard, the risk is technically insolvency which is measure by net working capital (NWC). It has been lay out that many firms can operate in spite of facing technically insolvency. However, in such case, the company suffered from slow poisoned as technically insolvency negatively affect growth, profitability and operational efficacy. If the management is unable to overcome this technically insolvency position, it may lead to business collapse (Khan, 2004, p.26.4). Using the financial techniques like ratio analyses, efficacy level of the working capital can be determined and it also reflect the managements

Why It Was Not Possible for the Catholic Church To Stamp out Heresy Essay

wherefore It Was Not Possible for the Catholic church building To Stamp forth Heresy During the 16th Century - Essay ExampleHeresy, being a unwholesome poison generated within the organism of the Church, must be ejected if she is to live and perform her task of continuing Christs naturalise of salvation. Each pastor in his parish, each bishop in his diocese, is in duty bound to keep the conviction of his flock untainted to the supreme pastor of all the Churches is given the military position of feeding the whole Christian flock (Wilhelm). The situation granted to the Catholic Church of expelling heresy is an important factor in the constitution of the Church. The power of rejecting heresy however needs to adapt into the social and political circumstances of the time. In the beginning, the Catholic Church exercises its power without an organization. The bishops were able to find heresies in their congregation and checking the progress with all its power vested upon it by the hi erarchy. When a heresy gathered musical accompaniment and proved a danger to the Church, the bishops assembled in councils, provincial, metropolitan, national, or ecumenical to discuss the matter (Wilhelm).In the early church, heresies were sometimes determined by a selected council of bishops, or ecumenical council, such as the First Council of Nicaea. Actually, the Catholic Church had little power to punish heretics in the early years, other than by excommunication, a spiritual punishment. Excommunication was the worst form of punishment manageable because it separated the believer from the body of Christ or the Church. Excommunication, or even the threat of excommunication, was enough to dispose many a heretic to renounce his views (Heresy).In the years that followed, the Catholic Church instituted the Inquisition (Latin Inquisitio Haereticae Pravitatis Sanctum Officium), an office of the Roman Catholic Church charged with suppressing heresy. The Inquisition was a permanent in stitution in the Catholic Church charged with the eradication of heresies (Inquisition). The Inquisition was active in several nations of Europe, particularly where it had fervent support from the civil authority (Heresy).The Catholic Church however, never had executed anyone for heresy. Rather, the Church turned over heretics to the single governments for execution. Thus making heresy a part of political self-definition and exclusion (Bambrick et al). When Constantine had taken upon himself the office of move bishop, episcopus externus, and put the secular arm at the service of the Church, the laws against heretics became more and more rigorous. Under the purely ecclesiastical discipline no temporal punishment could be inflicted on the obstinate heretic, except the damage which top executive arise to his personal dignity through being deprived of all intercourse with his former brethren (Wilhelm). Why it was not possible for the Catholic Church to stamp out heresyDuring the 16th century During the 16th century, stamping out heresy became more difficult due to varied reasons such as the Black Death, changes in the society, in particular the corruption and moral decay within the Catholic Church. The 16th century is the period in which the knightly Church was defining itself and unifying its identity (Bambrick et al). The Catholic Chur

Social Responsibility Essay Example | Topics and Well Written Essays - 250 words - 2

Social Responsibility - judge ExampleWhen Smith says, he has never known much good done by those who touch on to trade for the public good and calls it an affectation indeed not very common among merchants (159), he may be referring to businesspeople who do good so much that they run their businesses to the ground. An example is a baker tolerant away too much free bread that he becomes bankrupt. Merchants do not want to go bankrupt because they do not want to trade for the public good more than they want to cite profits. In addition, Smith does not necessarily say that companies should ignore the greater good in do profits. He emphasizes the importance of trading in making profits, but he does not promote wrong or illegal practices because if the public know about it or if the government catches them, then they will eat up bad publicity or the government might close their business.My definition of social business is certificate of indebtedness for shareholders, employees, co nsumers, communities where businesses operate, and the environment. This does not fit into Fried creations definition to some extent. My social tariff definition agrees with Friedman that social responsibility promotes the goal of increasing profits. Staying within the rules of the game can also be aligned with being trustworthy for employees, consumers, communities where businesses operate, and the environment because laws also protect them in varying degrees. However, how about in communities or countries where fairness and environmental laws are weak or lacking? My definition of social responsibility is proactive in doing what is recompense for all stakeholders with or without these laws. I believe that businesses have a social responsibility to their fellow man because I agree with Kant that people have duties to do what can be universalized and doing my definition of social responsibility is something that can be

Personal Medicine Essay Example | Topics and Well Written Essays - 250 words

Personal Medicine - Essay ExampleIn personalized medicine. even this is taken into consideration, providing background knowledge for excellent treatment outcomes. The success of any personalized medicine is dependent critically on holy diagnosis and this is limited by the reliability and specificity of diagnostic tests. Some of the tests effectual to understand the genetics of the individualist argon biochemical markers and genetic diagnostic testing (Parliamentary Office of Science and Technology, 2009). Biochemical markers are useful in identify and predict the risk of disease, to assess and diagnose the severity of existing disease and to tell patients with intentions to potentially tailor treatment. Clinical genetic tests look at selection of points on DNA which are known associations with a single-gene disease or response to a drug. A classical example fortune for personalized medicine is breast cancer (Willard and Ginsburg, 2009). Genes BRCA1 and BRCA2 are associated with increased risk of breast cancer and those with family business relationship of breast cancer can be tested for these at risk genes and they can be subjected to habitue screening (Parliamentary Office of Science and Technology, 2009)..

Gender inequality Essay Example | Topics and Well Written Essays - 1250 words

Gender inequality - Essay Example western United Statesern feminists, such(prenominal) as Rich argues that rape and violence against wo manpower are central to the control of women and their bodies, especially when the advancement of women in the public sphere is de-stabilizing this power basePatriarchy is a familial-social, ideological, political system in which men - by force, direct pressure or through and through ritual, law and language, customs, etiquette, education, and division of labour, determine what part women shall or shall not play, and in which the female is e realwhere subsumed under the male. It does not necessarily imply that no fair sex has power, or all women in a given culture may not have sealed powers.3People ... whose lives cut unfamiliar paths across the distinctions of rule suggest still other structures of feeling in formation, other sites of power to identify, a wider range of sources to consider, and, not least, other kinds of memories to call on and st ories to tell.4When considering other theories of power, especially in relation to sexuality and race depends upon violence and control over the body, which is an indicator that there is implicit in(p) discrimination in the legal, social and political system. However, there is a lot of similarities in Western and eastern cultures in respect to control and power over womens bodies. Carla Rice states that whenever we as women look at ourselves through the lens of culture, we end up engaged in a war with our bodies, one that we cannot win. Society has check our bodies and we have absorbed into our skin and bones (1999, 317)Stoler introduces an interesting connection between womens bodies and culture however the new-fangled restraints on women and the body are not new, i.e. history has restrained the body in differing ways. The modern earned run average has heralded freedom in the sense of the mind however culture has enslaved women using their body again, i.e. the reproductive fun ctions were the prison of the past, superficial beauty is the prison of today. This imprisoning of the mind by using the body is a very old weapon used by the dominating male hierarchical system in panic that women can no longer be so easily controlled. If one considers cultures, such as Asia and the snapper East, being too fat or having a big nose is not a amour of consequence because women are still imprisoned by their reproductive functions. The male dominated system of the West has been forced to alter cultural images and notions to further dominate women therefore culture has had to alter by forcing women into a new box, i.e. an underfed, tall, big busted woman. The war waged on womens bodies is first a conflict over dramatis personae and size, over the terrain of our bodies, played in a deeply entrenched cultural taboos and a powerful arrange against women taking up space and claiming room of our own.5This statement of Rices sums up the conflict between the advancement of women and the restraints constructed by the male dominated culture, which has to adapt to the advancement of women in the late 20th and 21st Century. Rice is typeset in her evaluation of the male dominated culture adapting to imprison women from declaring their own rights and space.Foucault6 has provided a discourse that has gone(a) farther than just making women equal to men or races equal, by understanding that

Drama Essay, Riders to the Sea Essay Example | Topics and Well Written Essays - 1000 words

Drama , Riders to the Sea - Essay ExampleIn the end, she is left with scarce enough strength to stumble into her grave. Though painful and lacerating, Mauryas suffering has been worthwhile. Her ultimate recognition of pain, and her credence of conclusion as the irrevocable end of human existence does not compensate for her losses only when certainly, itmakes the losses appear meaningless in a broad human context theknowledge of sprightliness is available only to thosewho have been chastened and purified by suffering. Maurya in the end negates life and accepts the ravages of the death. She becomes a stoic. She becomes a world(a) figure who can induce others to acquire calm of mind, all passion spent. This purgation of perception comes after experience (Milton, 87). Death is undoubtedly a universal phenomenon but that should not mean unitary should be pessimistic about life.She is merely an old woman in a family of fishers on the mere(a) and windswept Aran Island. The poor and illiterate Maurya is taught and enriched only by her experience. Her life has been marked by a serial of bereavements. Her husband, father-in-law and all her six sons perish in the sea. When the play opens, we find her almost at the nadir of mental setback. Michael has been missing for nine days and is possibly dead. Maurya is restless and laments continually. The readers find her confronting the mysteries of the unknown from whose bounds no traveler returns. Her sorrows and lamentations over Michaels death is a poignant picture of loss and misery. She has acquired a strange, almost spiritual knowledge of premonitions. For years, she has looked at the sea and the sky, trying to figure out the set of the wind and the timings of the tide. For years, she has knocked at the doors of the laboured mystery of death, weeping and praying, This continuous mourning has taught her a few secrets to bear the misery of suffering and death if not champion them. Therefore, when Nora reports that the young priest has told her that

Improving Staff Morale Coursework Example | Topics and Well Written Essays - 2750 words

modify faculty Morale - Coursework ExampleOn the other hand, low rung morale leads to maturationd costs, rock- ass efficiency, low motivation and interest (1, p.339).This is because of trim down motivation, wastage of time and low productivity. Consequently, keeping and improving employee morale is mavin of the most important things that the management of governances must always do in order to achieve and nurse productive workplaces. The leading cause of low staff morale is poor leadership (2).It is associated with poor interpersonal relations between administrators and employees and inflexible working conditions (3). However, improving the staff morale remains of the greatest challenges to umteen contemporary organizational management and business leaders. Achieving it well requires a critical analysis of the analysis of the reasons bottom of the inning low employee morale and addressing the root cause as opposed to the symptoms Currently, m either organizations ar faci ng wet competition in the market and are increasingly being required to reduce their operation costs. Staff sizes are constantly being trim and this creates more responsibilities for the remaining staff. Increased stress levels results leading to reduced organizational morale. The achievement of improved staff morale particularly lies in the management approach adopt by the company as well as the relationship between the management and the workers. This paper critically reviews literature on staff morale and attempts to give recommendations on how supermarket RUs merchant ship increase and maintain staff morale and job satisfaction within its employees. Analysis of the ways of improving staff morale Numerous researchers concur that the level of confidence and satisfaction among employees is critically important to the productivity of any business organization. Morale indicates the happiness exhibited by the employees in the organizational surroundings. It is the key to job satis faction by the employers towards their employees. In most cases, the success of business organizations such as Supermarket RUs closely depends on the cheerfulness, confidence, discipline, satisfaction and willingness of the staff workers to perform their assigned tasks. Although there is no single known factor that can satisfactorily be used to explain the occurrence of noble or low morale, it is widely believed that morale of the staff workers in any organizations is often a top down issue than a bottom up issue (4, p.46). The existence of low morale among the staff workers in a business organization has a number of negative implications for the productivity of its workplace environment. This is particularly because morale is one of the key drivers of cognitive operation and lack of it often comes with a high price tag. For example, disengaged and unmotivated staff workers may contribute to reduced productivity through increased cases of employee dissident, illnesses, unscheduled absenteeism and general poor performance. On the other hand, Organizations that maintain high staff morale have, employees that arrive to work on time, have low employee turnover, communicate better and are more committed to the organizational goals. As a result, failure to address low morale issues in the workplaces may not only lead to lower productivity but also to increased sacking of revenues, workplace conflicts, dissatisfied consumers or customer

EM-CNI Joint Venture Collaboration Research Paper

EM-CNI Joint Venture collaboration - Research Paper ExampleThis collaboration stern accelerate the forward momentum of the company and the benefits of such partnerships are often derived much faster, cheaper, easier, more profitable, and without weaken conflict and turmoil when compared to a typical merger or acquisition.In todays technologically fast-changing business environment, the windows of opportunity for strategic attacks often are open only briefly and close quickly. to a greater extent importantly, if we do not exploit an opportunity, other competitors will. This may turn the table, giving them additional resources, time, market share, and profits. However, we switch the technology, Information Technology tools, the Internet, and other business innovation tools that we can avail of in the collaboration process. Collaboration is not new in the world of globalization. Businesses and organizations are merging and forming alliances to further their aims. And as we said earli er, if we fathert do it rightly and quickly, our competitors will because they also have those tools at their easy reach. Our primary object lens is to acquire the government license from Amazonia. This is a long-term project that requires a lot of planning. But the rewards of a successful collaboration can be enormous in Amazonia. When the firm wins the application, we are rewarded with a major source of competitive advantage. We will also be strengthened financially, organizationally, and reputationally while our competitors are weakened. Moreover, these competitors are notice and doing something to get the leverage.Financial benefits can come sooner, but we have to take the financial side conservatively and this has to be forecasted in a ten-years time. We can virtually create a new vital pump competency with financial, managerial, and reputational benefits that can reverberate into the future of the organization.

Physiology Case Study Example | Topics and Well Written Essays - 750 words

Physiology - Case Study employmentThis condition is cognise to cause nerve problems which whitethorn be responsible for her numbness and weakness on the lower limb.Since she might be suffering from inflammation in his pelvic or cervical region, this may result to elevated body temperature referred to as fever. Fever causes disruption in the body thermal parallelism causing chills which is responsible for shivering in patients. In addition, the presence of inflammation results to generation of neutrophil from the devise marrow with reduced maturation time. Toxic granulation in the body therefore occurs due to the intensify maturation of neutrophils in response to cases of acute inflammation (Crowley 72).This will help the medical practitioner material body out if it is a recurrence case, how developed it is or if it is genetically linked (Fogel & Nancy 610). Past medical and dose history will help determine if it is an allergic reaction and any know the form of interposition p reviously done on the patient.This involves checking for vitamin deficiencies, abnormal immune response or presence of toxic elements. Vitamin lack can cause general body weakness, anemia, loss of appetite and neurological problems e.g. lack of vitamin B12 and vitamin D (Fogel & Nancy 209). expansive levels of white blood cells signifies the presence of an infection or inflammation while toxic elements from pesticides are cognise to cause neurological problems. The blood test would help rule out certain conditions that are known to cause some of the symptoms depicted seen on the girl.3. The pelvic exam revealed a foul-smelling discharge. What might this mention? Might this condition be related to the loss of lower motor control? What might the depository rate and the WBCs indicate?A foul smelling discharge detected by pelvic examination is an indication of presence of infection in the pelvic region. The infection can

Implied and Express terms (contract) Essay Example | Topics and Well Written Essays - 1000 words

Implied and Express foothold (contract) - Essay ExampleIn such situations the concept of what are implied terms comes into the picture. Implied terms could be a condition, a warranty or an innominate term and its on further by knowing the effect of each, that we could determine the distinction of one from the other.The court, in the case of Hong Kong Fir v Kawasaki Kisen Kaisha 1962 2 QB 26, had the chance to make a distinction among a condition, warranty and an innominate term. In said case, the side by side(p) definitions were settledWhen a condition is let outed the injured society has the right to sue for damages and also to cease the contract. A give of warranty only gives rise to the right to sue for damages. When an innominate term is breached the legal consequences of the breach depend upon its factual consequences i.e. there is a right to terminate the contract, in addition to suing for damages, only if the breach of an innominate term is such as to deprive the injure d party of substantially all the benefit which he was intended to derive from the contract.If a term is subject to different interpretation then there is tractability otherwise there is certainty. As to how it creates a tension is on the consequence of different interpretations. A party to a contract, for example, believes a term to be condition but when the court exit interpret otherwise, it will really create a tension as to him because that would be depriving him the right to terminate the contract. a or exanmplke iif one entitles meFFSince in innominate terms there could be either the right to sue for damages or both the said right and right to terminate the contract, then a tension could also be created by the uncertainty of flexibility of the decision depending on how the courts appreciates the facts of the cases and surrounding circumstances and how it will apply the get on implied terms.As to why, the court said Terms implied in fact are

Project 3 Assignment Example | Topics and Well Written Essays - 500 words

Project 3 - Assignment practiceMake this personal (as opposed to simply providing a book answer). Will you experience the consequence(s) of this behavior anytime soon, or do you not truly see this as a threat to your well-being in the coterminous 5 years?2. victimisation your knowledge of nutrition, list 3 advantages of the target behavior you selected. Again, please fathert just provide a book answer. What might changing this behavior provide to you nowadays as opposed to 10 years from now? Is that worth the perceived sacrifice of changing any(prenominal) it is youre currently doing? Why or why not?7. Start to recognize any successes you project had in practicing this behavior, no matter how small. Look over the records you kept and/or assessments you completed. When were you successful in side by side(p) the desired behavior even a little? Why do you think you were successful?9. change magnitude your knowledge of the advantages of practicing this behavior and/or the disadvan tages of failing to do so can avail motivate you for change. Using what you have learned in class so far, and/or other resources as needed, salvage a paragraph describing how you will benefit from making your target behavior a part of your lifestyle. If you need help finding a resource to help you, contact your instructor.4. What are some of the obstacles that you have encountered that make it hard to consistently practice this behavior? (Common obstacles are stress, lack of time, travel, and boredom.) List each of the obstacles you encounter (or anticipate encountering) and write one or more potential solutions to keep this obstacle from getting in your way of achieving your

Case study Paul Price Essay Example | Topics and Well Written Essays - 2000 words

Case study capital of Minnesota wrong - Essay ExampleFor instance, Tefal Actifry sold the swell to capital of Minnesota Price by description. The full(a) was therefore implied to correspond to the accorded descriptions by Tefal Actifry. The failure resulted into the recess of the implied equipment casualty in section 13 of the Sale of Good Act 1979. Section 14 provides that business plurality ensure that their not bad(predicate)s are of satisfactory fit and lumber for their purpose. Tefal Actifry although described the good as satisfactory and safe, the good turned out to be disastrous, however, and other similar goods sold to other consumers proved of good pure tone and safety (Stewart 1998). Therefore if Tefal Actifry had included a clause limiting their liability, this is the point where it would cast off relied on the clause to avoid complications with the emptor, Paul Price. Paul price should be aware that when one buys a good, he or she enters into a thrust with th e seller. The goods purchased must be as described, of satisfactory quality and fit for purpose. The buyer, Paul Price, is provided with incompatible protections when purchasing a good under contract law. Paul Price should be aware that he got into a contract with Tefal Actifry immediately he accepted and paid for the good. There may be coincidental liability for the manufacturer in the law of tort should goods which are faulty result into any authoritative harm or injury to the buyer, his or her property, but the buyers primary propers under the contract of sale lies with the retailer (Mark 2003). According to the Sale of Goods Act 1979, there are four major protections accorded to the buyer the seller must possess the right of sale over the good (section 12), the goods that are sold with descriptions have to correspond to the granted descriptions (section 13), the good sold must have a quality that is satisfactory comely (section 14), and in section 15, all goods sold by a s ample must correspond to the quality of the sample. Paul Price should be aware of the above and observe with sound mind any breach of those protection and sue where necessary because Tefan Actifry is liable to the breach of any of those four provisions (Van 2001). Paul Price should know that the mentioned protections are statutory implied price. Therefore the Sale of Goods Act will have to put those terms into contract of the goods sold regardless of what the agreed terms and conditions of the sale that the parties have agreed on themselves. The buyer, Paul Price, should be informed that a contract is just for provided goods sold. It is a transfer ownership of the goods sold for the coin exchanged. Therefore if the seller, Tefal Actifry, breaches any of the provided terms, the statutory rights of the buyer, Paul Price, then the buyer is entitled to a remedy (Mark 2003). Therefore, Paul Price is entitled to a remedy by Tefal Actifry because of the breach of Pauls statutory right pr ovided in section 13 that the goods sold by description have to meet correspond to the given description. Tefal Actifry gave description of his good during the sale and it turned out otherwise, therefore he is liable to the damages that resulted from the good contrary to what he gave as the description during the sale (Stewart 1998). Tefal Actifry stated during the sale of the Actifry that

Behavior Description Interview Essay Example for Free

Behavior Description question EssayYou have invested the eon of several experienced employees and a good deal of expense to question a number of promising entry-level accountants. However, you wonder if your discourseing techniques ar really helping you hire the concern panoramas that go out be superior performers and help your organization remain profitable. Your concerns may be justified if you are victimization a typical audienceing strategy in which in that respect is no standard set of questions or a strategy in which interview questions do not explicitly focus on the historic sort of the applicator. Yet, there is an alternative. Studies in human-resource management suggest that demeanor description interviewing may help you identify demote performers from the rest of the appli potbellyts PRINCIPLES OF THE BEHAVIOR DESCRIPTION INTERVIEWThe first principle of the Behavior Description (BD) interview is interviewers regulate or structure the interview. The jus t most master(prenominal) aspect of standardization is asking applicants the same or highly Similar questions. This allows all applicants to have a chance to rear data about certain job-related concerns and allows interviewers to oppose similar types of information. The alternative of each interviewer asking their own questions will have your organization comparing apples and oranges when assay to pay glowering hiring decisions. Often this leads to lower quality hiring decisions. An organization may also seek to standardize the lieu of the interview, the individual who conducts the interview, etc. Any efforts to ensure similar treatment of applicants should be encouraged. An additional benefit of standardizing interview questions is that the interview is more defensible in court. In the past, organizations that had standardized questions won employment discrimination lawsuits more frequently than those without standardized questions. The second principle of BD interviewin g is to explicitly focus on past style. BD enthusiasts believe that past behavior is the best predictor of future behavior.They also believe more recent behavior is a conk out predictor of future behavior than older behavior and that longstanding tr annihilates are better predictors of behavior than isolated incidents. The belief in the effectiveness of using past behavior to predict future behavior leads BD interviewers to ask certain questions. These questions use a superlative adjective (e.g. most, least, toughest, etc.) to focus the applicant on angiotensin-converting enzyme particular incident of behavior. For example, accounting firms need staff members who are willing to address both essential and client fusss. To gather relevant information about an applicant, a BD interviewer might ask the applicant to key out me about the coating time a new idea of yours helped an organization or separate devise better. The interviewer might also be ready with follow-up questions such as how did you develop this idea, how did you convince your supervisor or client to adopt it, and how did it help the organization? The follow-up questions may be answered as the applicant discusses a particular situation, but their presence alerts the interviewer that this information is important. In another instance, accounting pros are often called upon to make presentations to groups such as audit committees or boards of directors.Accordingly, an interviewer might ask a job candidate to tell me about the most baffling presentation you have ever had to make to a group of five or more people. Probes might include what was the presentation about, how did you prepare for it, and was the presentation evaluated or pass judgment? In each case, the BD advance to interviewing should yield a braggy amount of high quality information to the interviewer and can help the somewhat anxious applicant have a particular incident to discuss. The BD approach to interviewing can be stro ngly contrasted with more typical interviewing strategies. First, typical strategies suggest interviewers let candidates take the interview where they want to, go with the flow, or let the interviewee talk about whatsoever subject they desire so that you can best assess their soulality. While this advice is encountered frequently, it is highly inaccurate. Studies contrasting BD interviewing to this approach show that the BD interview does a much better job of predicting job performance. In addition, studies that statistically combine the tops of 10,000+ interviews from many smaller studies strongly suggest that various styles of interviews that standardize questions or other aspects of the interview work much better than the nonstandardized interview styles. Second, BD interviewing seeks to avoid making judgments of applicants personalities.Assessing personality characteristics in a 345 minute interview would be highly difficult for a psychologist. As a outcome, many professiona ls rely on well established tests to measure personalitythey are cheaper to use and much more accurate. Additionally, many personality characteristics do not have a register of predicting job success. Currently, many human resource management professionals believe intelligence and dependability do sort out higher(prenominal) performers from lower performers. Extroversion, considered by many to be a positive trait for auditing personnel, also differentiates higher versus lower performers in some situations. Other traits should be viewed with caution until they clearly are shown to relate to job performance. Care should also be taken in onerous to match the personality type of an applicant to the personality of the office. While it is extremely difficult to measure either of the above, it is also potentially hazardous. The resolvent to this problem is to avoid using most personality traits and ask applicants about past behavior that may be similar to behavior required on the job.F inally, the BD interviewer tries to avoid hypothetical and self evaluative questions. In most cases, there is little evidence to suggest that most hypothetical questions actually distinguish between better and poorer performing individuals. This may be due to the difficulty of injecting large reality in the situation to make it a good predictor of job success. Self-evaluative questions such as describe yourself or are you figurer literate also have no history of predicting job performance. In addition, they ask the applicant to do your job for you. You should decide how competent applicants are in a particular area since you are demented about their contribution to your organization. Applicants answers are influenced to a large degree by their desire to land a job. BD interviews differ from situational interviews.Recent literature has conf utilise the two approaches. While the BD interview focuses on past applicant behavior, the situational interview asks applicants how they would behave in future situations (extensive research is used to create real situations). The situational interview can also require different types of rating scales to be used at the end of the interview. While there are several differences between BD interviewing, situational interviewing, and typical interviews, there are also similarities. BD interviewers also believe it is important to break the ice with applicants, that they should ask for an applicants preferred name, that they should take notes, and they should close the interview in a professional manner. These guidelines are important in any style of interview.STEPS TO CONSTRUCTING A BD INTERVIEWThree steps should be used to develop a BD interview. They are illustrated in the following hypothetical example involving the hiring of entry-level accountants in a CPA . Interviewers need to analyze the job and determine the key results areas. Key results areas are the major(ip) tasks or behaviors that an entry-level accountant must be able to accomplish. Key results areas may be defined by many different strategies including a discussion among recruiters, managing directors, and partners. Key results areas might include 1. Communicate with other individuals-a. In verbal and written forms with other accountants including supervisors and peersb. In verbal and written forms with clients 2. Diagnoses organizational problems 3. Recommend solutions to organizational problems and 4. subroutine common computer software (e.g., spreadsheet programs, data retrieval software, on-line services, or tax-preparation packages). The above behaviors or tasks should be examined to determine the knowledge, skills, and abilities (KSAs) that will enable them to be accomplished. Thus, an entry-level accountant should have 1. Written communication skills to interact through with(predicate) with(predicate) letters and reports to clients and other accountants 2. Verbal communication skills to communicate with clients and other accou ntants (not necessarily including making presentations to large groups) 3. efficacy to diagnose problems in heterogeneous situations4. Ability to solve problems individually and in groups 5. Ability to attend to large amounts of detail 6. Ability to manage multiple tasks 7. intimacy of common software programs The KSAs required lead to a selection plan that involves a series of BD questions. In this example it is assumed that there will be two interviews a recruiting interview at the school and an invitation to the firms office. To evaluate the candidates KSAs the following questions and probes might be used. 1 Written communication skillsa. Ask for a sample of writing from a professional or educational consideration before the second interview.2. Verbal communication skillsa. Watch for verbal communication skills throughout each interview and rate them at the end of the first and second interviews.3. Ability to diagnose problems in convoluted situationsa. Tell me about the de part time you recognized a problem in an organization in which you were involved.* How did you recognize the problem?* How did you study the problem?* How did you determine a solution to the problem?b. Tell me about a time in the last year in which you were gathering information from a person who was being uncoopeative.* What was the situation?* Why were they being uncooperative?* How did you feel?* How did you get the information you needed?* What was the result in this situation?4. Ability to solve problems individually and in groups/teams a. What was the most successful solution that you and a group of other individuals developed to a particular problem?* What was the problem?* What was your role?* What was the result of your solution?b. What is the toughest problem that you as an individual have solved in an educational or work setting?* What was the problem?* What was the result of your solution?5. Ability to attend to large amounts of detaila. Tell me about the last time when you had to gather large amounts of information to complete a mold.*What was the project?*How did you organize the details?* What was the end result?* Did anyone assign you a grade for the project?b. Which class of yours required the most attention to detail. beguile tell me how you dealt with the demands of the class.* How did it require attention to detail?* What was your strategy to deal with the detail?*What was the result?6. Ability to manager multiple tasksa. Tell me about how you managed your school work and extracircular activities during your busiest semester.* What made the semester so busy?* Did you have any priorities?* Where there any strategies that helped you cope?* How did the semester turn out (in terms of grades, activities, etc.)? b. Tell me about the last time you had to juggle several different responsibililties when you held a job.* What were the responsibilities?* Did you have any priorities?* Where there any strategies that helped you cope?7. Knowledge of co mputer software programsa. Please tell us about the most involved computer project that you have been involved with in school or in an organization.* What software was involved?* What was your role?* What was the result or grade?4. Please tell us about the last time you learned a new piece of software.* What did it help you accomplish?* How did you learn it?* Did you enjoy the experience?c. Please tell us about any time that you used a spreadsheet program such as Lotus 1-2-3, Quattro Pro, or Excel. * Was individually or a group?*What did you need to accomplish?* What was the result or grade? one time the questions are developed, recruiters should organize the questions and probes into some logical order on an interview form. The form may provide reminders to greet the applicant warmly and any other reminders desired by the recruiters. It should definitely leave enough room for notes about the answer to each question. These notes can be extremely helpful when recruiters are trying to remember the remarks of each person recently interviewed. We recommend that recruiters practice with the new interviewing form. Recruiters may pair off and take turns playing the interviewer and the applicant, or they may wish to enlist a student to go through an interview.The trial interviews could be recorded on a video camera. The feedback from the video playback is often a in truth valuable learning experience. Lastly, an interviewer evaluation report should be designed to record ratings for each candidate. The process is comparatively simple once the knowledge, skills, and abilities (KSAs) required by the job have been listed. We suggest that recruiters list all the KSAs implement one side of the paper as seen in Figure 1. (Figure omitted) This will allow a dogmatic consideration of each applicant against job requirements. Next, recruiters should choose a rating scale. We have chosen a five-point scale anchored by very little of the KSA on one end of the scale and a specta cular amount on the other end of the scale Scales should have from five to seven points and anchors meaningful to the recruiters.A place for notes or comments and a set of simple instructions is also recommended. Finally, there should be a place for an general evaluation of the candidate. There are several different methods which can be used to generate an overall evaluation score. A recruiter can make an overall evaluation of the candidate on the same scale used for each KSA. Unfortunately, past research has suggested that this method is not very reliable. another(prenominal) option is presented in the figure on page 77. In this case the recruiters add their ratings to form a final evaluation. This approach is relatively simple and often yields final recommendations quite similar to more complex methods.Furthermore, individual KSAs can be weighted differently. In this case, each KSA evaluation score could be reckon by its weight. All scores would be summed to obtain an overall sc ore For example, assume that the first intravenous feeding KSAs in the figure were assigned weights of .2 and the last three KSAs weights of .1. A candidate might be attached a rating of 5 on the first two KSAs and ratings of 4 on the other KSAs. The candidates overall evaluation score would equal 4.8 (5 x .2 + 5 x 2+ 4 x .2 + 4 x 2 + 4 x .1+ 4 x .1+ 4 x .1). Either of the last two approaches is recommended. The authors would like to thank Paul Osting (Vice-Chairman, Human Resources, Ernst Young, New York, NY), J. Breck Boynton (Director of Human Resources, Elliot, Davis, Company, Greensville, SC) and Patricia G. Roth (Clemson University) for their comments and suggestions.

Separation of sand (SiO2) and salt NaCl Essay Example for Free

Separation of sand (SiO2) and saltiness NaCl EssayI am trying to separate SiO2 and NaCl.lso I lead calculate the fortune of SiO2 and NaCl in the mixture.Apparatus/Chemicals* Weighing bottle* Analytical balance* Bunsen Burner* Side arm flask* thickly walled rubber tube* 5 grams of the mixture SiO2 and NaCl* Tripod* 50ml of H2O* Filter theme* Funnel* Spatulas* Evaporating dish* clamp* Boss* GauzeMethod1. Collect all apparatus above2. Measure approximately 5 grams of the SiO2/NaCl mixture on an analytical balance.3. Measure 50cm3 of H2O4. Pour SiO2/NaCl mixture into beaker with H2O. 5. Stir the solution so that the salt dissolves.6. Set up vacuum filtration7. Pour the mixture in the Buckner funnel.8. Wait for the H2O to ply into the conical flask.9. Set up Bunsen burner.10. Heat H2O left in the conical flask in an evaporating dish.11. The H2O will evaporate leaving behind NaCl.12. Weigh SiO2 and the NaCl.ResultsWeight of mixture onwards experiment 5.5380After heating mixtur e there was SiO2 2.5221NaCl 2.43172.5221+2.4317=4.9538There was some salt and sand mixed-up5.5380 -4.9538=0.5894Calculations on the percentage of SiO2 and NaCl in mixtureSalt 2.4317 X100 =44%5.5432 common sense 2.5221 X100 =45%5.5432Lost Sand/Salt 0.5894 X100=11%5.5432ConclusionMy aim was to separate SiO2 and NaCl, which I did successfully to a certain extent.I lost 11 %of the mixture due to experimental error. other part of my aim was to calculate the percentage of the SiO2 and NaCl, which I have done above.EvaluationFrom my results you can see I have made a major error.11% of the mixture was lost. This was due to experimental error. I cannot really say that in the mixture SiO2 had the highest percentage. This is because 11% was lost and I do not know how much of the lost percentage is SiO2 or NaCl.Whilst I was heating the evaporating dish. The H2O was spitting SiO2 out of the evaporating dish. I lost a lot of SiO2 here as it came out. In the future I can put a lid on top of the evaporating dish.Another error where I lost SiO2 was on the filter paper.Smal quantities of solid SiO2 were left on the filter paper and Buckner funnel.When transferring the mixture of SiO2 and NaCl from the weighing bottle to the beaker I could have lost some of the mixture in the bottle. adjoining time I do the experiment I could measure the mixture in the beaker. Therefore, I will eliminate the transferring of the mixture.

The Horns of a Rhino Essay Example for Free

The Horns of a Rhino EssayWhat large mammal has tough, thick, light-grey skin, and has dickens large horns approaching out of its nose? After reading that description, ideally ones answer should be a rhino. In most lineaments, we always picture a rhino to fox dickens horns and light-grey skin, but frequently forget about the rhinoceros who seduce darker colored skin and only one horn. There were at once hundreds of rhinoceros species however, only five species exist to sidereal day. The African Black and White rhinos, and the Sumatran rhinos sustain deuce horns, but the Indian and Javan rhinos from Asia only have one. Why is it that some rhinoceros have cardinal horns while others only have one? I believe that the second horn certain rhinoceros have first came along as a proficient mutation, and then eventually due to earthy selection and allopatric speciation, certain rhinoceros now have two horns instead of one. The rhinos that existed about 60 million years ago be liefed more like todays horses than the typical rhinoceros we atomic number 18 familiar with. This would explain their unusual diet and rather fast speeds. The weight of a rhino ranges from 750 pounds to 8000 pounds.The view should be that for such a massive animal, they would be rather slow however, that is not the case at all. Similar to a horse, Rhinos can be rather fast as well. When charging at an animal, the Rhino could benefit speeds of 56 km/h. With such violent and defensive ways, it is assumed that rhinos be meat eaters however, that is not the case either. Similar to horses, rhinos be herbivores. They like to eat grass, foliage of trees, and bushes. Eating habits and speed are behavioral char deederistics from their ancestors that have remained the same.There are even some physical characteristics that have remained the same like being an odd-toed ungulate. magic spell so many characteristics were carried over from the rhinoceros ancestors, on that point are also many new changes that have evolved the most significant one is the supernumerary horn. I believe that the extra horn came along as a beneficial mutation. When two ancestors of the rhinoceros with a single horn mated, there could have been a mistake in the replication of their DNA and resulted in the extra horn growing above the takingss nose.According to Lamarcks second principle The Inheritance of Acquired Characteristics, individuals could pass on to their offspring characteristics they had acquired during their unrecordeds. His hypothesis may be incorrect but it helps explain that a species evolves in response to its surroundings, and becomes crack sufficient to that environment. The rhinoceros may have started with only one horn on its nose but because of the environment it lived in and the strong need for an extra horn for protection, over time the horn it once had evolved into two horns that we see now.Since rhinoceros are herbivores, they would never need to hunt for p rey. Lions who are carnivores hunt regularly for their food, have many experiences fighting and know how to defend themselves. In a situation where a lion and a rhino battles, the rhino would have no way of defending itself for it has less experience fighting, less business office than the lion, and less flexibility. This is why there is such a strong need for an extra horn. The horn would act as protection and by being able to charge at an animal with both horns, there would be an increase in the rhinos chance of survival.According to Charles Darwins theory of growth by natural selection, nature favors the reproductive success of some individuals within a population over others. In this case, nature would select against those with only one horn in this geographic area for those are the rhinoceros who are less strong defensively, and will not be able to survive in that particular area. So eventually, sexual selection will factor into the evolution of the rhino and females would on ly require to mate with rhinoceros who have two horns, resulting in offspring that will have a better chance of surviving and battling against more powerful animals in their habitat.It is known that the Earth didnt always look this way. The Earth was once a super continent and overtime, it has broken up into separate pieces of land which are the continents and islands that we know now. It is very likely that the separation of land also quarantined the population of rhinoceros. This allopatric speciation separated the rhinoceros into two geographically isolated populations. Those who were separated to where we now call Africa had the beneficial mutation of an extra horn.This mutation however, was only shared among themselves because once populations are physically separated, they can no longer transform genetic information. Rhinoceros who went off to Asia did not develop this mutation, and even if they did, it wouldnt have been very beneficial to them in any way. While African rhi nos tend to open low to the ground, Asian rhinos usually feed off leaves higher above the ground. If the Asian rhinos did have this mutation, it could act as a barrier from acquiring food.Allopatric speciation not only affected the rhinoceros physical characteristics but behavioral characteristics as well. Studies delegate that in general, African rhinos are more aggressive than Asian rhinos. Therefore the different geographic areas these rhinos live in affect both physical and behavioral characteristics of each species. In conclusion, the reason some rhinoceros have two horns while others have one is because of their geographic location. While rhinos in Africa developed this mutation, rhinos in Asia did not.Allopatric speciation also did not allow the exchange of this new gene between the population of the two geographic areas. Hence, why most Asian rhinos have one horn and African rhinos have two. African rhinos require the extra horn while rhinos in Asia can make do with just t heir puke teeth for defensive purposes. Rhinos in Asia wont ever come across the same animals the Rhinos in Africa do, so the different species dont share the same need of the horn. Could it be that one day all species of rhinoceros will require that extra horn?

Josephine Beauharnais Essay Example for Free

Josephine Beauharnais EssayBehind every big man lies an even out greater woman. The woman adds character to the man and also affects his actions and morals. The story of snooze nap would be incomplete without consideration of his outgrowth wife, Josephine. She contributed so much to his development and passion because of her influence. This greatly squeeze his leadership, troops victories, and and was an inspiration behind the Napoleonic regulation. Therefore without Josephines influence, Napoleon would non have plump who he was. To understand Napoleon one must first understand Josephine Bonapartes history. Marie was the first wife of Napoleon Bonaparte.She was a popular Empress and had many defining characteristics which helped to shape her life. Josephine had a great clashing on Napoleons emotions which affected the decisions and actions that he made directly and indirectly. (PBS Napoleon and Josephine, http//www.pbs.org/empires/ catnap/n_josephine/courting/page_1.ht ml) She made him feel secure, provided him with emotional support, and gave him confidence which ultimately had a bearing on his decisions and actions. (PBS Napoleon and Josephine, http//www.pbs.org/empires/napoleon/n_josephine/emperor/page_1.html)Another one of the ways in which Josephine helped Napoleon was through his military accomplishments. Prior to meet Josephine, Napoleon was nothing more than a short, slight, shabby young artillery man, lacking real military victories. (Mossiker, 79) Josephine allowed Napoleon to strive for more than just a mistress but love. (Mossiker, 81) His fondness for her still remained with him even during his battles. After their wedding, he successfully conquered Italy in 1796-97. (Mossiker, 202) He continued his success conquering Egypt and this battle was noteworthy because France gained a lot of gold and rare gems as well as the Rosetta stone which was the key to hieroglyphic translations. (Mossiker, 134-139) While Napoleon was fighting his c ampaigns, Josephine used her connections to Frances political leaders to further Napoleons political career, hosting several parties that resulted in Napoleon quickly creation promoted.That resulted in Napoleon gaining national prestige. (Josephines diverge on Napoleon, http//sphseuro.blogspot.ca/2009/02josephines-influence-on-napoleon.html) However, Josephine was chronically treacherous to Napoleon. Napoleon nearly ended his Italian Campaign early simply to return to France and confront his wife. (Josephines Influence on Napoleon, http//sphseuro.blogspot.ca/2009/02josephines-influence-on-napoleon.html) A letter written to Josephine from Napoleon on the subject of her infidelity was published in several English newspapers, which mocked France and its ruler.Her several affairs almost led to their disjoint, but Napoleon felt that a seemingly stable marriage would further his political aspirations and the two remained married. Josephines Influence on Napoleon, http//sphseuro.blogsp ot.ca/2009/02josephines-influence-on-napoleon.html) Therefore, even without her being present on the battle field, or even in the same country, it was Josephines inspirational spirit, that encouraged Napoleon throughout all of his major victories against Italy and Egypt. Napoleon created a code in which reflected his morals towards the family unit and marriage.In 1803, Napoleon established his own code of natural legal philosophys in order to repeal previous laws that weakened marriage. (The justness Behind the Man, https//www.mtholyoke.edu/courses/rschwart/hist255/jkr/napoleon.html) The 1792 separate law was repealed and drastically changed. Before it was possible for either a husband or wife to petition for a divorce on numerous yard, but Napoleon changed the laws so divorce could only be petitioned for under mutual consent and incompatibility. (The Law Behind the Man, https//www.mtholyoke.edu/courses/rschwart/hist255/jkr/napoleon.html) There were criteria that had to be met e arlier a husband or wife could petition for a divorce on either of those grounds if it was because of incompatibility the petitioner had to show proof of cruelty, adultery, or objected to certain humiliating forms of punishment administered by her cooperator (Phillips 1988, p. 185). This is significant because it helps strengthen the family by giving both husband and wife the power to separate.The Napoleonic Code also emphasized the family as a functioning unit. The needs and desires of the individual had been put ahead of others in the eighteenth century. (The Law Behind the Man, https//www.mtholyoke.edu/courses/rschwart/hist255/jkr/napoleon.html) Napoleon heightened parental authority by requiring their permission in divorce cases and a husbands power by reducing the rights of his wife. A wife.owed obedience to her husband, a husband protection to his wife, and that the wife was obliged by law to live with her husband and to follow him wherever he judged it convenient to live. (P hillips 1988, p. 186) This law strengthened the family unit, giving each marriage partner specific duties and rules. Again, because of Josephines influence he created this law to protect his family by providing more structure in the family unit.Even though it may seem that Josephine did not have a more profound impact on the humanity as Napoleon did, her family with Napoleon helped to motivate him to develop his military, personal, social achievements. Without Josephine, Napoleon would not have accomplished what he did and the world we know today would be drastically different.Works CitedBiography.com. A+E Television Networks, n.d. Web. 28 Sept. 2012. . Courtiers and Favourites of Royalty. N.p. n.p., n.d. blossom out Library. Web. 28 Sept. 2012. . only read the short 4 paged biography Empress Josephine. London Oxford UP, 1963. Print.Encyclopedia Brittanica. N.p., n.d. Web. 28 Sept. 2012. .European History. N.p., n.d. Web. 28 Sept. 2012. .Heritage History. Heritage-History, n.d. W eb. 28 Sept. 2012. . History Reference Centre. N.p. n.p., n.d. Ebscohost. Web. 28 Sept. 2012. . Napoleon and Josephine. N.p. Simon, n.d. Print.Bonaparte. London Allen Unwin, n.d. Print.Empress Josephine. Cambridge Knapton, 1964. Print.Frances Mossikers Napoleon Josephine. N.p. Frances Mossiker, 1965. Print. Napoleon. refreshed York Aubry, 1964. Print.Napoleon Bonaparte. New York Thompson, 1952. Print.

Discuss the Role that Alfieri Plays Essay Example for Free

Discuss the Role that Alfieri Plays EssayArthur Millers A View from the bridge is a modern tragedy set in 1950s Brooklyn astir(predicate) a mans fixation with his niece, and what that obsession ultimately brings about. Eddie Carbone, a hard- working dockworker is the tragic hero of the piece who struggles with how he feels about his niece, Catherine. Miller manages order and raise many themes concerning the people who lived in the area in which the puzzle out was set, themes such as family, justice, complaisance and death, themes that played a big part in society during that era. Alfieri is the narrator of the play he is deal a sort of Greek chorus in the sense that he divides the scenes with monologues, he also explains to the auditory modality the themes and adds depth to the play. From the very beginning of the play Alfieri hints towards tragedy, he does this a few times in his prologue, for example, he says I am inclined to see the ruin in things, This tells the audi ence or readers straight away, at the beginning of the play that Alfieri can see that Eddies story is going to end in disaster. Towards the end of the prologue, it is fetch that Alfieri can do nothing to avert the play from tragedy.another lawyer, quite differently dressed, heard the like complaint and sat there as powerless as I, watched it run its bloody course. The quote explains that nobody could do anything to change what is going to happen. It also hints that blood is going to be spilt and someone is going to die. When Marco and Rodolfo beginning arrive they act very differently, Marco enters the house greets every(prenominal)one and presentations Eddie a lot of respect and thanks him, whereas Rodolfo does not show any gratitude toward Eddie at all. The stage instructions show that Eddie, whenever he asks a question about them, he goes to Marco and totally bypasses Rodolfo.Eddie shows hostility towards him from the very beginning, for example, when Rodolfo starts singi ng Paper Doll, Eddie interrupts and warns him that by singing it could raise suspicion about them because singing is different and as Eddie says Because we never had no singers here and all of a sudden theres a singer in the house, yk straight off what I mean? Eddie begins to act differently, jealous that he is no longer get all the attention in the house, instead, Rodolfo is getting all of the attention from the women, he doesnt like this so he stops him from singing and uses the excuse above to regain control of the household.The first time Eddie meets Alfieri to see if there is any legal action he can take against Rodolfo to get him away from Catherine. He is now incredibly jealous of Rodolfo and Catherines relationship, this is because of his incest feeling for Katy, Alfieri tells him about how he feels is wrong during their meeting We all love somebody, the wife, the kids- every mans got somebody that he loves, heh? But sometimes theres too much. You know? Theres too much and it goes where it mustnt. Eddie cannot admit these feelings, and gets chafe that he cant do anything without immigration officers finding out about Marco and Rodolfo because it would involve betrayal, and that creates conflict in spite of appearance him. On one hand, he could betray Marco and Rodolfo and go against every thing he stands for by tattle immigration, but on the other he could leave things as the stand and sit back to watch Catherine get married to Rodolfo and push his feelings aside. It is because Eddie cannot push his feelings for Katy aside that he dies, whatever he did he could not let her grow up.As Alfieri said, he did love her too much in the wrong way. This play could go ended many ways without violence, for instance, if Eddie forgot about his incest feeling or if Marco could have forgiven Eddie and apologised when Eddie demanded for his name, maybe the characters would have acted differently, but because they did not this play demonstrates many examples of b etrayal, justice, honour, death and many other themes. Alfieri provides link between scenes and helps the audience understand Eddie and in a way the way he thinks.

Fast Food Transforming American Society Essay Example for Free

extravagant Food Transforming the Statesn Society EssayFast forage has grown to be a big part of Ameri chiffonier Society. According to Eric Schlosser, Over the past tense few decades, prodigal f are has infiltrated every nook and cranny of American Society (3). In a sense, his statement ab prohibited riotous provender is non too exaggerated. To brassreal day, we see firm fodder separately(prenominal) over America, whether it is through television advertisements, billboards, and magazines. America has grown to be the number one closely forage area in the world. The increase of troubled forage has resulted in good line of credit for the fast viands patience In 2000 Americans washed-out about $110 billion on fast intellectual nourishment compared to $6 billion in 1970 (Schlosser). Why are Americans spending coarse amounts of money on fast nutrition? How has the fast food industry grown to become a huge curve on American society? Seyhan Sipahi states, Rece nt global economical crisishad a crippling effect on al some(prenominal) tout ensemble financial sectors in numerous countries. Surprisingly, the fast food industry had not be adversely touch on What is detecting the fast food industry a stand up? Could it be that more families are turning to fast food because recent economic crisis? The fast food industry has grown to be more high-octane than when it number one started. Making food selling more at ease, fast and for a cheap price has attracted customers. on that point are multiple ways the fast food industry has transformed American society and what it is to live in America. In this generation, more mothers are in the work push up than there were in the past. Since Womens labor force participation is significantly higher today than it was in the 1970s, particularly among women with children (Labor Force Participation of Women and Mothers, 2008, The Editors Desk) ever since indeed the rate has been going up. Now that both parents are away from abode working it makes it harder for them to make home cooked meals. Due to the lack of home cooked meals, more Americans families have turned to fast food.According to Schlosser, three generations agone more money was organism spent on food in the United States to make meals at home (3). Fast food has taken over the diet of many American families. It is more convenient to buy something that is near by, prepared fast, and is reasonably priced for its proportion. other reason why people choose fast food is because frankly it is delicious. Nothing that is made at home can compare to something made at a fast food eatery. It is hard to stomach sick of fast food because there are so many counterpoiseaurants to choose from that each have their own tastes in foods.The largest class in America is the middle class. Since middle class makes up the majority of the American population it is reasonable to say these families with get income tend to buy fast food more o ften. Fast food restaurants have grown to be more efficient in the way that they produce their meals. On Dec. 12, 1948, when Richard and Maurice transformed their barbecue joint into the first McDonalds restaurant, focusing on speed, value and high volume. (Hill). This helped build a kind of assembly line of workers, each worker in raze of one job.For example, in order to make a ground beef, one would be in charge of getting the buns, some other in charge of putting the patty, another in charge of putting the lettuce and tomato, and on. In doing this, production of the food becomes much faster. Food being frozen before preparing it is another way that fast food restaurants have grown more efficiently. Schlosser go a earnsts an example with guacamole that is made in Mexico, frozen, and shipped to the restaurant (40). Many fast food restaurants do this with the products they serve, although their advertisements may say fresh.Drive-throughs and computerized cash registers have als o helped fast food restaurants speed up time for their consumers. An example of how drive throughs are so successful is capital of Seychelless experience Theres just one place that Victoria Vollaire stops every day. Its not the supermarket. Its not the ATM. Its the drive-thru. This costs her $400 a month right out the drive-thru window. I dont like getting out of the car, explains Vollaire, who lives in Ontario, Calif. , and works as a racyel guest service aide. More than half the money spent on fast food rolls in through the drive-thru lane. (Horovitz)Drive-throughs give restaurants the ability to take multiple orders and give convenience for customers that are in a hurry. People like the conscience of not til now having to get out of there cars to get their food. Computerized cash registers with buttons for every order possible help to make orders mobile and precise. These days it is not surprising to see a fast food restaurant almost at every corner in America. A study was mad e on how fast food restaurants wad around schools in America. Steven Gortmaker, in charge of this study, states, 78% of schools had at least one fast food restaurant within 800 meters.Fast food restaurants tend to cluster near schools and offices because it is more convenient, with the idea to gain more business. Many fast food restaurants are close to places where children and adolescent are close by. They do this because these two age groups are the most targeted by the fast food industry (Fast Food Targeted Marketing). Another study, on a high school that sold fast food products concludes that fast food is 70% of alone food sold at the school (Calderon. ) As the expansion of fast food companies continues to increase, more restaurants are seen closer together.Before, companies use to stay away from competition, but now they are clustered all over the place. It seems as though fast food restaurant expansion has forced them to cluster even to the extent of having fast food shoppin g centers. Fast food has greatly transformed popular finishing in America. By fonting at McDonalds as an example, McDonalds has far surpassed any other fast food chain in America and possibly the world. McDonalds has grown very close to many children A heap for American schoolchildren found that 96 percent could identify Ronald McDonald (Schlosser).What makes fast food so popular in America? Many people appraise fast food industries for their products because they are delicious and affordable. Did affordability of fast food make it so popular? Fast food transforms popular culture in America in the first place through advertising. Whether it is on television, sponsoring professional athletes, or even promoting events like the Olympics or the World Cup. It is said that In 2009, teens saw 5 fast food ads each day (Fast Food Targeted Marketing). The majority of the commercial on TV are based on fast food companies.Fast food has become a trend in American society, eating it is in the norms of society today. Fast food advertisement has a monkey, see monkey do effect on people. If people see famous celebrities on TV eating or promoting the fast food company, it encourages them to go. The constant selling of fast food causes higher demands in agricultural resources. According to Schlosser, The fast food chains now stand atop a huge food-industrial complex, taking control of American Agriculture (59). It is getting harder for farmers outside of this food industrial complex to obtain business. Many times farmers and cattle ranchers become hired hands for the agribusiness giants (Schlosser). Although the giant tillage business may seem powerful, it is still on the bottom of the fast food companies because they are what make their business. The fast-food industry changed the nations retail economy, eliminating small businesses, encouraging the spread of chains and uniformity, fast food has transformed American agriculture (Schlosser). Apart from agriculture fast foo d, companies have also influenced how cattle should be raised, killed, and made into ground beef.The influence of the fast food companies on slaughterhouses has made the work environment a stark place. These slaughterhouses sound dangerous for the workers as well as for those consuming the meat. Meatpacking as grown to be one of the most dangerous jobs in America (Gardner). There is a lot of equipment that is dangerous and can cause bleak injuries to workers. According to Gardner, at least 29. 3% of meat workers suffered injury or illness compared to 9. 7% for the rest of manufacturing (Working Conditions in American Slaughterhouses Worse than You Thought).Carl Karcher started his fast food business by buying one hot dog cart and then from there he bought another three hot dog carts in Los Angeles. Not too much time past before Karcher had some competition. Recently moved from freshborn Hampshire, the McDonald brothers came to California to find jobs. They opened up a hamburger s hop and became famous for their delicious hamburgers. The brothers strived in coming up with new ways to make more money until finally one day they closed slash their shop. A few months later the McDonald brothers reopened their shop, with a bigger grill, and a whole new process to make hamburgers.They would divide the food preparations into tasks. This is what started the whole assembly line style to preparing fast food and has been implemented by many fast food restaurants ever since. Two groups that fast food companies look to for hiring are teenagers and illegal immigrants. Having these two types of groups as a workforce allows fast food companies to spend little money on hired hands and more on advertising and expanding (Schlosser. ) Having workers that are not expression for a long-term job lets fast food companies have fewer benefits for their workers.The wages for fast food employees is far too little in ratio to the work that is expected. Fast food companies hire teenage rs because they can survive with low pay and most are dependent on their parents. The statistics from the ages, 16-20, alone makes up 25% of the fast food workforce (Food Services and Drinking Places). Immigrants, on the other hand, cannot complain if they get compensable so little because they are illegal and will work under most circumstances. The expansion of fast food companies has created many jobs over the years.Out of all food services and drinking places, fast food companies make up 47% (Food Services and Drinking Places). In the past few decades, food-related illness has increase (Schlosser). The way food is processed has affected its quality. Many of the livestock used to produce that typical hamburger patty are mistreated. The most common sickness that the livestock catch is E Coli. In declination 2006 71 people became sick with E. coli after eating at Taco Bell restaurants in brisk Jersey, New York, Pennsylvania, and Delaware (OShea). It is hard to know for sure what is in fast food because most of the time this side of the story is covered up.Aside from meats getting pathogens, artificial flavoring is another key aspect of many fast food products. Many fast food companies injected their products with artificial flavoring. McDonalds for example infuses its fries and chicken sandwiches with essences that mimicker beef tallow (Tamminen). Does the food taste that bad that places like McDonalds has turn to artificial flavoring? Can the chemicals being put in fast food be harmful to humans? Although there maybe some companies using artificial flavors, there many other companies that live up to natural flavors. What is the future of fast food industry in America?Will the fast food industry just keep growing until one day it not only becomes a big part of American life history but also other places around the world? Fast food companies are expanding at an change magnitude rate causing high demands for more food. At this rate, could it be possible th at someday the fast food industry will control all of the food distribution in America? They practically do already because they are the greatest contributors in meats, corn, potatoes and more. What will be the future for fast food in America? At its grown rate, the fast food industry seems to be taking over many Americans highways.Having many fast food chains by highways makes it all most impossible to not head for the hills into a fast food restaurant. Will the constant expansion of fast food restaurants bring down the big grocery stores and replace them? America has grown accustom to convenience when it comes to food. What do other countries suppose when they see America? Should America be proud because it is the number one fast food country in the world? It is hard to say where fast food will take America in the future, but one thing is certain fast food and America can never be separated.

Functions of Management Essay Example for Free

Functions of Management EssayUnited Health group is a major insurance association that set ups medical and mental health coverage to its consumers. The brass instrument manages Medicaid and Medic be accounts as well as commercial accounts from employers. Providing health care insurance is a competitive job, therefore, the watchfulness of the organization has to expend the four functions of wariness to remain in the competition. The four function of charge are planning, organizing, leading and controlling. In this paper, we will discuss the four functions of management and how it relates to the organization. The four functions of management is planning, organizing, leading and, controlling. Planning is for the goals of the organization, planning sets the stage for action and major discoverments. Organizing is assembling and set up human, financial resources needed to achieve the goals. This could be organizing activities such as grouping jobs into work units, marshaling an d allocating resources and creating conditions so that mickle and things work together to achieve maximum success. leaders is stimulating people to be senior high performers. Leading can take place in departments, teams as well as divisions. By encouraging high performers, you are increasing their inner moral, making them feel and believe they can complete their goals rather it is respective(prenominal) goals that coincide with the organizations goals. Another management function is controlling, managers make confident(predicate) the organizations resources are being used as planned and that the organization is meeting its goals for quality and safety. The four functions of management begin in common is to achieve the goals for the organization. The four functions all work together.There are iii different levels in management take place level managers, middle level managers and, front literary argument managers. hap level managers are typically the CEO, COO or CIO. Middle level managers are under the top level managers and, frontline managers are considered operational managers. The top level manager determines and identifies the goals that are needed for the entire organization. once the CEO has identified the goals and what steps that areneeded to achieve the goal, the information is conveyed to middle management. Middle management takes those goals and determines whats needed to achieve the goals such as organizing workloads, teams or units. Then convey to frontline managers. Front line management does most of the leading, their more hands on with employees or teams. Front line managers assist with establishing various(prenominal) goals that will benefit the company and coincide with the companys goals. Front line managers also use controlling by making sure the employees utilize company resources if needed. Also by making sure the company goals are being met.The organization uses all four of the management functions. There have been umteen cas es of increased health issues within call center environments such as obesity, high blood pressure, mental picture and anxiety issues. The organization created incentives to make the idea more appealing to the employees. The organization has decided to inspire and locomote their employees to take better care of their health. By creating the goals of decreasing the health issues within the dapple setting the organization set their stage for action so they could achieve these goals.Now that the goal has been established the organization call for to assemble humans, physical information to coordinate ways to achieve the goals. The organization started providing bonus incentives such has lessening in insurance if youre passed a bio metric screening. The organization also begin to partner with freight Watchers providing employee discounts, LA Fitness (discounted membership), provide stress management classes along, with providing ways to exercise in the office. There are different teams within the company with a goal of losing the most weight. The teams encourage one another and provide support during their weight loss journey. All teams support and encourage with the expectations of dropping the weight and defeating the other team. The teams have weekly check-ins where the members have to weigh in, report their meal plans.By utilizing the four functions of management, the organization has been able to dispirit their premiums for their employees, and increase better health within the organization. The organization identified the issue of healthconcerns within the office setting, set the goals of prevention and reduction. With those plans of prevention and reduction the organization was able to organize employees and coordinate ways to achieve the goals. The staff coordinated and provided information to their employees to educate and prevent. The leaders promoted the resources and encouraged those to be active and participate in all the resources the organiza tion has to offer.Reference PageBateman Thomas S., Snell Scott A. 8th edition, 2009 McGraw-Management Leading and Collaborating in a competitive World, Retrieved from The University of Phoenix eBook Collection database. Sedentary jobs helping to drive obesity epidemic. (2011). Retrieved from http// health.usnews.com/health-news/diet-fitness/fitness/articles/2011/05/26/sedentary-jobs-helping-to-drive-obesity-epidemic.

Copyright Law and Industrial Design Essay Example for Free

secure virtue and industrial image EssayIntroductionThe history of intelligent big businessman police force represents, in its essence a bargain surrounded by the interests of society from existence able to habituate and replica mental institutions, and literary and finesseistryistic gos, and the interest in protecting the benefit to the creator so as to stimulate muchoer such mould. Enactment of procure legislation was non based upon all graphic aright that the originator has upon his writings save upon the motive that the welf be of the public leave behind be best(p) served by securing to authors for limited periods the exclusive rights to their writings. belongings rights represent the principal vehicle for enabling creators and producers to appropriate the foster of their campaigns.Preserving a delicate balance t here(predicate)fore, is of paramount importance. However, expert space rights fetch, in veritable circumstances, begun to overla p and add simultaneous or sequential safeguard for some inventive and creative charms principal(prenominal)ly by accretion so matchlessr than inclination. The conventional channeling doctrines mapd to de end pointina blood line which ara protects a certain interest restrain had their intimidatearies blurred, and cooccur areas has become a phenomenon, its close to prominent manifestation universe the overlap of justification afforded to visualises at a lower place(a) the trope righteousnesss and the procure rightfulnesss.This newspaper, by tracing the source and genesis of the rights afforded to industrial figures, the varying character of the tri only whene afforded and the rationale behind it, will attempt to argue that the conceptual separation between the protectability of right of first publicationable plant and images necessitates a precise(prenominal) strict exclusion of all told traffic patterns or employ art to be removed from the arena of procure trade protective cover. By clearing up the amazement surrounding the impartiality of reading of visualises and the ambiguous nature of the security system afforded which has led to the true consideration of overlapping protection, the paper will present an overview of its implications and defend status quo.The Origin of function and right of first publicationStemming from the age old understanding of property rights and the entitlements carved thereto, the really derriere of procure police force is to allow the creator of a work the right to enjoy the fruits of his labour and earn benefit from it. The concept of l imposture, however is inherent in it, and it has been universally held that the author / artist of a work can non enjoy the monopoly forever. This concept of a limited right is of grave importance in this paper, since the exploitation of various strands of integrity is crucially standoffed to its limitation. right of first publication rightfuln ess then, evolved to bestow upon the creator the right to distri exclusivelye, to perform, dis dally and to frame derivative works based upon the procure work and prohibit all unauthorized, scotchally strong uses of right of first publicationed works. right of first publication law has traditionally had a efficacious member exception.According to the legislative history of the 1976 procure portion, the innovation of excluding serviceable denominations from procure protection was to draw as clear a line as viable between procureable works of use art and unright of first publicationable works of industrial design. The aspirationive of excluding effective phrases was inherently linked to the nature of copyright itself, which protected art for arts sake, the guileless m come to the forehion. The distinctive school of thought of copyright law protection utilize barely to art, where the sole purpose of the art was its aesthetic nurse and was widen precisely gra dually, and against considerable opposition, to works of art applied to industry.The separation of beauty from public-service corporation was foreign on the ground that art remained art tear down when applied to useful objects. But the fundamental object of the design macrocosm economic aims, it only came into its own when the industrial revolution had made it possible to multiply useful denominations in serial publication and which then assumed the eminently serviceable task of increasing sales of goods on the full general overlaps market. industrial design, made for a commercial messageised purpose, did non qualify and were always unfit from the wide ambit of copyright protection. It was considered appropriate to treat delicate works applied to products produced in certain industries let proscribedly from former(a) works which enjoyed full copyright protection.For the simple reason of being applied art, being embodied in a useful condition and necessitating a di fferent approach, design law evolved from copyright as an exception for artistic designs applied to specific classes of industrial goods, or goods within particular industries. In obtaining protection, the design had to satisfy the requirements of novelty, non obviousness and creativity. Essentially pass onn as a right to protect material designs, the terminus of protection grew until was no requirement for registration. Now, according to the industrial Design diddle, a design or an industrial design means features of form, configuration, pattern or ornament and all combination of those features that, in a finished article, appeal to and are judged solely by the eye.A registered design is a statutory monopoly, of up to 25 years duration, which is intended to give protection to the aesthetic appearance, but non the function, of the whole or parts of a manufactured article. The visual impact or impression counts. The design may be applied to every of the surfaces of the article and so, it may be the shape or surface decoration. It is the design, non the article itself which is protected by registration. Surface designs were two dimensional designs and were mostly just secured by ornamentation and the like, and when the design involved shape and structure changes in the article, they were shape designs.To be qualified for registration, a representation of the design, a statement of novelty identifying its unique features, and the set of articles in regard as of which monopoly is claimed was required to be submitted. The required take aim of originality for a design to qualify is disputed. time in some grimaces, it is only required that the design not be in existence, in other cases, creativity and aesthetic appeal was required. It would seem, however, that the latter requirement more truly reflects the incidents of the law, since the separability synopsis requires that decorative features be identifiable.Design guard Its Rationale and Incidents Design protection law, from its very inception, attempted to provide a monopoly status to the design only with respect to a specified family unit of articles, and not to every object which might utilize the design. This deviation is highly evidentiary for the purpose of this analysis, since it exemplifies star of the most fundamental distinctions between the law of design protection and copyright. From affording protection only to ornamentation of designs, the Act started to cover a new and original design for an article of manufacture having reference to some purpose of utility. The reference to utiltity whether as an exclusionary or determinative factor in deciding legitimate protection for the design, play a pivotal component in the development of design law and thence, its relation and matterence upon the operable feel of the article could not be divorced.The result of design protection to manufactured articles therefore, may be to secure classic advantages in referenc e to a mechanical object, if these advantages should be the result directly or indirectly of the shape adopted. It is in this context that the separability analysis acquires significance. Doctrine of Separability Unity of Art and Theory of Disocciation The mere expression of the design as an artistic work would pay back protection under copyright, but where the article embodying the design did not have the sole purpose of being of aesthetic appeal alone, it became a design. Thus, only that aspect of a design which could be separated from the utile aspect of the article would catch protection, other than the aesthetic appeal of a useful article would go unnoticed since the functionality doctrine negates the aims of copyright law.Design law protected any feature of the design which was dictated entirely by the dictates of functionality would not receive protection, since it was the creative nature of the design which was desire to be protected, and not the entire article. The unit y of art supposition asserts that industrial art is art the scheme of dissociation starts from the premise that industrial art is inextricably bound up with industrial products. The unity of art doctrine glossed over the affinity of ornamental designs of useful articles to industrial property, an affinity avowd by the Paris Union at the International Convention for the resistance of Industrial office in 1883. The doctrine of separability, as developed in the context of copyright law is of vast significance in this analysis.According to this, protection is afforded only to that part of the design which is separable from the utilitarian aspects of the article. When the shape of an article is dictated by, or is necessarily responsive to, the requirements of its utilitarian function, or if the sole intrinsic function of an article is its utility, the fact that it is unique and attractively shaped will not qualify it as a work of art, but if the same functionality is capable of be ing obtained from a different design, the design is eligible for protection.The ruling that the shape of an article dictated by the requirements of its utilitarian function, should not be protectible in copyright law is accepted nearly everywhere because such protection would circumvent the strict requirements of the apparent(a) law. If there is no physical separability, the examination then moves on to whether the utilitarian and aesthetic features can be imagined separately and individually from the useful article without destroying the basic shape of the useful article.Of course, all industrial designs are functional in the sense that they are embodied in products that perform a function. As a matter of practical reality the design will be inexorably and intimately related to the product. The separable analysis, while useful to distinguish the actual design sought to be ornamented, cannot denigrate from the fact that the design, is meant for a specified article, and hence the protection low-cost to it is intricately connected to the factum of it being embodied in an article.The everyplacelapIts genesis and preachingThe Indian procure Act provides for exclusion of designs which are registrable under the Designs Act. S. 15 excludes the application of the Act to all designs registered under the Designs Act and S 15(2) states that (2) Copyright in any design, which is capable of being registered under the Designs Act, 1911, but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty quantifys by an industrial process by the owner of the copyright or, with his license, by any other person. The overlap between copyright and design protection which has caused so often confusion is intricately connected to the very nature of the rights afforded under each.The 1911 Act in the UK provided that all designs capable of being registered would be deprived of copyright. A design c apable of registration, continued to have copyright protection, until the article utilise the design had been reproduced more than fifty times by an industrial purpose, at which point, only the protection affordable under the Registered Designs Act was applicable. However, this did include prints, which could not, rationally be said to not constitute an artistic work and hence, case law had to specify that the exclusionary clause did not include artistic works and prints. S. 52 of the CDPA, reproducing this flavour is indicative of the tendency of the law to determine extent of protection based on whether or not the design was to be mass produced in a class of articles.It has too caused considerable confusion, especially with respect to whether, if an artistic design, meant solely as such, and hence eligible for copyright protection, but later reproduced in an article, would touch the exclusions, or whether, its objective elements rendering it capable of being used in an article would bring it under the rubric of the exclusion. The scope of the design to be mass produced thus, played a great role in determining what protection it become eligible for, whether copyright or design, the latter more alike to homely protection.The point at which an object became commercialised, and part of industry, the terms and nature of intellectual property accorded to it changes. The main rationale of this exclusion was to limit the protection afforded under the copyrights subsisting in the design to the exact period of time design registration would have subsisted, and only those rights.A comparison of this development of the law with the law of perceptible reveals a similarity. While copyright subsisting in literary or artistic works, where the form of expression is sought to be protected for a term of life plus 50 years, articles which have utility abandoned to them, such as patentable innovations, receive protection for a shorter time limit, since the functional aspe ct of the article requires that monopolistic privileges be removed as soon as possible.In the development of design law therefore, a trend can be noticed. As long as a design was just that, an expression, copyright protection existed. Its materialization in a functional article created by an industrial process, reduced the term of monopolistic privileges granted to its creator. Thus, even if the protection was to the artistic design, its relation to the product cannot be divorced.A agreeThe controversy surrounding the overlap between copyright and design protection and the issues within it stem from a basic confusion of the objectives behind both types of laws. Copyright law seeks to achieve the double objective of widest possible production and dissemination of original creative works and at the same time, allow others to draw on these works in their own creative and educational activities, through a scheme of carefully equilibrate property rights that still manages to give the a uthors and producers sufficient inducements to produce such work. The balance that copyright law seeks to achieve is based on a judgment about friendly benefit.To give greater property rights than are needed to obtain the desired quantity and quality of works would impose costs on users without any countervailing benefit to society. Con originally, allowing one form of protection to expire, only for the article to claim protection under other regime would be a colourable devise to achieve the same object, a roundabout way to receive more protection that intended. It is for that reason that designs have to be clearly excluded from copyright law and the utilitarian theory seeks a middle ground between absolute ownership of intellectual property and none whatsoever.Over Protection or Under Protection?The duality of art hypothesis that ornamental designs were normally unqualified for copyright protection because their dependence on useful articles made them primarily objects of comme rce and deprived them of the self-sufficing existence deemed a basic attribute of true works of art. The distinctive philosophy of protection that characterizes copyright traditionally protected only art, where the sole purpose of the art was its aesthetic revalue and was extended only gradually, and against considerable opposition, to works of art applied to industry. The separation of beauty from utility was opposed on the ground that art remained art even when applied to useful objects. But the fundamental object of the design being economic aims, it only came into its own when the industrial revolution had made it possible to reproduce useful articles in series and which then assumed the eminently practical task of increasing sales of goods on the general products market.The industrial design is often seen as an analogue of the utility patent owing to its effects on commerce, and its legal status has been influenced to a certain degree by the distinction principles of industr ial property law. The very insistence on the seperability doctrine to afford protection to the design, reveals the importance of the utilitarian aspects in the paradigm of design law despite the repeated attempts to focus on the separable, aesthetic aspects of it. The consequence of this functional aspect of industrial articles qualifying for industrial design protection is the limited term of protection afforded to it. No modern precedent ignores the function of the article he shapes. Since the chief objective of those designs is industrial and commercial exploitation, the chief characteristic of designs and models, makes the Copyright jurisprudence hard to apply.The parallel tracks of design law and patent law cannot be avoided. The Copyright office of the U.S, until 1949, refused to give copyright protection to three dimensional shapes because it would come within the category of multiple commercial productions of applied arts, which, they held was only eligible for patent prot ection and resorting to the less stringent requirements of copyright went against that.The whippy treatment to improvements under patent law is not afforded to designs, and hence, the scope of innovation is restricted. Narrow scope of protection is undeniable to avoid protecting style trends of which the protected design is a part. The indefinable relation between the art and its application means that copyright protection will end up removing much more than the expression, and in any case some forms of its application, which upsets the traditional bargain in intellectual property law.The Economic RippleTraditionally, the right to copyright protection is premised on a claim that certain industrial designs are entitled to legal intuition as art in the historical sense. The economic repercussions of such recognition flow principally from the industrial character of the material support in which ornamental designs are embodied. The incidence of these repercussions upon any given s ystem varies with the extent to which the claim to recognition as art is itself given effect. As copyright protection for designs of useful articles expands, the economic effects of this expansion on the general products market are counterproductive.This is just one of the effects. In general, overprotection results from the progressive monopolization of ever smaller aggregates of inventive activity, which elevate social costs in return for no clearly equilibrated social benefits. But the rescue of artistic of designs from the exigencies of patent law, were now converting copyright law into a de facto industrial property law without the characteristic safeguards of the industrial property paradigm. A significant effect of awarding copyright protection thus is the economic effect. An analogy from the law of patent proves this point. sheer doctrines such as the rule of blocking patents and the reverse doctrine of equivalents offer some protection to the developers of significant or r adical improvements who can thereby allocate gains from their invention.Copyright doctrine however, extends to cover any copy or adaptation or alteration of the original that is nonetheless good similar to the original work. An important dissimilarity between copyright and registered designs is that the latter can be enforced against a third company who has not copied the proprietors design. The exclusive right conferred for designs was in the nature of a monopoly right, which means that it was infringed by another company who employed that design or one not substantially different from it, regardless of whether that other troupe copied from the owner or created his own registered design independently.The right is thus fundamentally different from unregistered design right and copyright for both of which copying is an essential ingredient for ravishment. The fair use exception which arises when a person uses copyrighted expression in a way that the law deems to be fair is indete rminate, and this characteristic of design law makes it even more difficult to apply it. Dynamic societies need small improvements and coarse breakthroughs in art and technology to prosper. Yet it is difficult to develop incentives that can spur the less spectacular type of creativity without imposing crippling costs.For instance, subtle innovations usually generate small benefits that are exceeded even by the mere cost of administering a property rule. In addition, the margin of error for protecting these improvements is quash because their life span is so short. Esthetic designs and other marginal improvements, by contrast, have an optimal term of only a matter of months and a mistake that gives an additional six months of protection to designs creates a much greater distortion in the incentives for developing commercial art which is not the case in copyright. destinationThe availability of overlapping intellectual property protection in all of its forms presents a serious litt le terror to the goals and purposes of federal intellectual property policy and must be addressed as a individual(a) issue. The 1842 act, instead of re defining designs to pr egress overlap, the definition was leftfield broad but was subject to an express exclusion of all designs cover by the other Acts thereby necessitating interpretation of two acts, set a pattern carried through to the present day. The true scope and effectiveness of design law will depend on the extent to which the scope of protection it affords which is undermined by the con menstruation availability of copyright protection for industrial art.If a country makes it easy for industrial art to qualify for copyright protection as applied art, actors will have less incentive to make use of a special design law and design protection will increasingly be characterized by the copyright approach, the harmful effects of which have been proved. Design laws, therefore, have to be integrated so that obtaining copyright p rotection is difficult and most designs come to within their jurisdictional sweep.The legal history of industrial art in the twentieth century is an effort to establish special regimes of design protection without unduly derogating from the general principles of copyright law and laws should be structured that way. One should not forget that this theory was spawned by a false conflict between art and industry. By fighting for the artistic value of a shape, one has supposedly justified drawing into the grasp of copyright law a body of intellectual products that bear only an apparent resemblance to the creations covered by this regime.The evidence is persuasive that the costs of a property right outweigh the benefits. That judgment is strengthen by the observation that, notwithstanding the lack of protection afforded to commercial art, consumers already have an incredibly various(a) selection of product designs from which to choose. The difficulties of interpretation caused by exc lusions to exclusions to exclusion seem to be endemic to industrial design law, and the puzzle of overlap therefore has to be treated differently.BibliographyBooksP. Goldstein, Copyright (2nd edn., Vol 1.New York Aspen lawfulness and Business 2002). S. P. Ladas, Patents, Trademarks and Related Rights discipline and International Protection (Harvard Harvard University Press 1975). Laddie, Prescott, Vitoria, The Modern Law of Copyrights and Designs (3rd ed., Vol. 2, London Butterworths 2000). B. L. Wadhera, Law Relating to Patents, Trademarks, Copyright, Designs and Geographical Indications (New Delhi Universal print Co. Pvt. Ltd 2004) M. Howe, Q.C, Russell, Clarke and Howe on Industrial Designs (7th edn., London Sweet and Maxwell 2005). ArticlesV.R. Moffat, Mutant Copyrights and Backdoor Patents The business of Overlapping ingenious Protection 19 Berkeley Technology Law journal 1473 (2004). The article deals in great detail about the problems of overlapping intellectual propert y right protection. Beginning with an analysis of the process involved in affording protection to any intellectual property, the article describes the bargain that is shand truck between the society and the inventor / creator, for the better good of all, since providing protection incentivizes and after a certain period of time, the invention / creation is required to be relegated to public use in return for the subsisting monopoly.The article then describes how the problem of overlapping protection, how it is more be accretion rather than by design, helped along by the judiciary, the insidious influence of ever increasing demands, and goes on to characterize the problem of overlap, and suggests ways to stop it. P.K Schalestock, Forms of Redress for Design buccaneering How Victims can use existing Copyright Law 21 Seattle University Law fall over 113 (1997). The article looks at the various forms of protection available to the designers of clothes, since the current manakin of co pyright laws in the U.S, outlaws all forms of protection for useful articles.The design of clothes could only be protectable so far as that design was seperable from the functional aspect of clothes, which, as the author proceeds to argue is an impossible task since clothese were inherently meant to be useful but the cut, shape and colour greatly contributed to its value as well. The author, reviewing design piracy in the clothing industry, explains how the advancement of technology has made this all the more worse. He points out how the existing framework fails to provide a remedy, and then provides suggestions and remedies whereby this lacunae in the law could be remedied. M.C. Broaddus, Designers Should progress to to Create Useless Products Using the reusable Article Doctrine to Avoid Separability Analysis 51 mho Texas Law come off 493 (2009).The article deals in detail with the irony of the inability of intellectual property law to afford protection to useful articles. It deals in detail with the evolution of the separability doctrine, its variants, and the judicial treatment of the same. It starts with a abbreviated description of the history of the development of the law of industrial designs, the lacunae that existed previously due to the refusal of copyright law to recognize the applied art in industrial articles, and the need for protection of the art in those articles nevertheless. It discusses cases in which the separability has been in question and shows how, judicial dexterity in having to make this distinction is actually leading to the judiciary make decisions about what constitutes art and what does not.Hence, the article suggests some differential means of analysis to avoid this confusion. A. Muhlstein, M.A. Wilkinson. Whither Industrial Design 14 Intellectual Property journal 1 (2000). A seminal article on the development of the law of industrial designs, it provides a total overview of the genesis of the law, problems face in its historical development and its current status. It situates the problem of overlap in the historical context and demonstrates linkages. The article does a comprehensive field of operations of the current legal systems in place to protect industrial designs, identifies the elements within them and situates them in the larger paradigm of intellectual property law to understand the origin of the rights better.It similarly briefly survey the international framework in place to deal with industrial designs, the compromises sought to be reached and the harmonizing measures so far undertaken to afford protection to industrial designs. Dr. Ramesh, Registration of Designs Need a Fresh Look 32(12) Indian Bar analyze, 83 (2005). The article does a brief review of the need to protect industrial designs, about the intrinsic value of a useful good which to a fault looks attractive and appealing and the economic benefits to be derived from it.It gives a historical perspective of the development of design law and the requirements of the law as it before long stands. It gives a short description of the application procedure, and then, by drawing a linkage between the objective of the law and the rights given it reviews the remedies for infringement and analyses whether they are equal to(predicate) or not. It likewise points out some flaws in the existing design protection framework in India and makes a very good argument for such flaws to be corrected. S.H.S. Leong, Protection of Industrial Designs as Intellectual Property Rights ledger of Business Law 239,243 (2003). The article essentially deals with the development of the law of industrial designs in Singapore, and it does this by comparison with the English Law.It gives a short description of the transitory changes from the 1842 Act to the 1911 Act, then from the 1956 Act to the 1976 Act in Copyright, and demonstrates how needs of the particular time resulted in the changes embodied in these different laws. It also t alks about the necessity of laws like the Unregistered Designs Act, Community Designs Act etc, as available in Europe, so that designs which are not judged to be aesthetically appealing but which nevertheless contribute to the value of the product, are protected. It discusses the possibility of shapes being protected under trademark law and patent law, and concludes that a separate law to deal with designs is very necessary. E. Setliff, Copyright and Industrial Design An resource Designs Alternative 30 capital of federation Carolina Journal of Law and the Arts 49 (2006).The article, by a brief review of the historical development, points out how crucial the separability doctrine has become, due to the traditional reluctance of homage to recignise applied art as having artistic value. The article argues vehemently at such an assumption. It argues that industrial design actually embodies aesthetic expression to a much greater extent than function. Although its primary purpose might have been to make the products of industry more commercially successful by changing, and even disguising, their aesthetic appearance, its artistic value cannot be denigrated from.It critics some of the literature thus far which celebrates the lower quality of the work in designs, and explains why the separability of the design has become problematical specially because it depends on the courts subjective notion of what constitutes art who go by traditional selections and the author demonstrates the dangers of this approach. G. Scanlan, S. Gale, Industrial Design and the Design Directive Continuing and incoming Problems in Design Journal of Business Law 91 (2005). This article examines the impact of the overhaul of EC industrial design law on English intellectual property law.It starts out by considering the policy behind the Council Directive. It traces all laws relating to protection of industrial designs in the European context and reviews as to how the directive changes it. I t reviews changes to the definition of design, the requirements for novelty and individual character, the descent between copyright, registered and unregistered designs, the differing treatment of works of artistic craftsmanship and artistic works per se, the treatment of applied designs and the abolition of the compulsory licence regime.On the whole, although the directive, in achieving its stated purpose of harmonizing laws, was forced to be discriminating in its changes, it nevertheless has a much desired effect. J.H. Reichman, Design Protection in national and unlike Copyright Law From the capital of Switzerland Revision of 1948 to the Copyright Act of 1976 Duke Law Journal 1143 (1983). This article attempts to study the complex interactions of the different branches of intellectual property law that seek to regulate the degree of protection to be accorded ornamental designs of useful articles. A circular pattern, the article argues, can be discerned in the treatment of thes e designs in both foreign and domestic law.The tendency of industrial property law to breed still further instances of underprotection or overprotection then fosters renewed pressures for the regulation of industrial art within the framework of the laws brass literary and artistic property. It uses an extremely detailed analysis of the law in the U.S.A to explain the disjunct. The article also compares the tradition of protection of industrial designs in France, German, the Beneleux countries, and provides a thorough overview of the variety of doctrines that have had a role to play in the current state of law relating to designs. It also, looks at policy objectives, the commercial features of the current legal status, some amendments proposed and the effect of those amendments as well. Umbreit, A Consideration of Copyright 87 University of Pennsylvania Law Review 932 (1939)A lay downational work on the development of copyright law, the article gives a very detailed analysis of the components of the protection afforded by copyright, and what works would necessarily qualify for the protection. It focuses extensively on the idea / expression dichotomy in the law of copyright and demonstrates how this demarcates the boundary of copyright protection. The elements of copyright, as described in this article, is highly demanding of the qualities of originality and creativity, and it traces the link from the policy objectives of affording any kind of protection to such artistic work at all, to the categories of creative work considered generally to be within its scope. C. Thompson, not such a Crafty Corkscrew? Sheldon v. Metrokane and the Status of Industrial Designs as Works of Artistic guile Under Australian law 26(12)European Intellectual Property Rights Review 548 (2004). A case comment on Sheldon v Metrokane, the article gives a definitive analysis of the exact link between the utilitarian aspects and the design aspects of an article. While the protection is s ought to be afforded to the design aspects alone, how this conceptual separability was treated in Sheldon was reviewed. The article also cited some interpretations of the case, which, it viewed as misplaces and suggested a differing analysis of the opinion. S.W. Ackerman, Protection of the Design of Useful Articles Current Inadequacies and Proposes Solutions 11 Hofstra Lew Review 1043 (1983).It illuminates the policies underlying copyright law, and argues that protection should be extended to the design of useful articles. It contrasts the extent of protection provided by the copyright system with that of the patent system and by a comparison of the amount of effort required on the part of the inventor / author to detonate the protection, conludes that such protection is hardly sufficient. The design of useful articles seems to fall in between these systems, and hence is left largely unprotected.It surveys case law, the danger of judicial discretion and suggests a hybrid theory of patent and copyright to protect designs sufficiently and justifiably which encourage the creation of designs by providing rights to protect against commercial exploitation but not extending those rights to the utilitarian features of the protected article. J.C. Kromer, Claiming Intellectual Property 76 University of lettuce Law Review 719 (2009).The article explores the claiming systems of patent and copyright law with a view to how they affect innovation. The object of this article is to trace the law relating to improvements, in juxtaposition with the stated objective of law of intellectual property rights to achieve the maximum social good. The article approaches the subject from the inventors perspective and examines whether the current system of protection of improvements in idiom is fair. While patent requires patentees to articulate by the time of the patent grant their inventions bounds, thus effectively allowing all improvements not within such bounds, copyright law only requires the articulation of a prototypical member of the set of protected works.The law relating to improvements in designs also, follows a similar pattern. All substantially similar works, therefore, could be held as infringement. Copyright therefore, allows far less improvement and deviation from the protected product as allowable than patent, where, anything outside the specified bounds was allowable. J.P. Mikkus, Of Industrious Authors and Artful Inventors Industrial Works and software system at the Frontier of Copyright and Patent Law 18 Intellectual Property Journal 174 (2004). The article first examines the protection granted by copyright law for functional works typically found in an industrial environment.The article then explores the challenges of copyright protection for the non literal aspects of computer software and problems faced by inventors and software developers when obtaining patent protection in relation to software. The article criticizes current status of l aw relating to copyright and patents, in that creative work related to industrial purposes does not get adequate protection in either of the regimes since they show limited openness to intangible products of industry. The critique thus, necessarily involves analysis of the train of originality that an invention / work is required to possess to qualify for protection and exposes anomalies in that regard. W. M. Landes, R. A. Posner, Indefinitely Renewable Copyright 70 University of Chicago Law Review 471 (2003).The article examines the economic rationale of limiting copyright and patents. While the nature of patents is such that the expiration of the rights is a necessary evil to increase the social good, copyright, the article argues, should be afforded for an even longer period of time in the absence of any strong reason not to. In this context the article makes a difference between perpetual copyright and indefinitely renewable copyright. Although the latter concept could turn int o the former under very specialized conditions, the article argues that the resulting benefit accruing to the author / artist is much greater than societal loss, and attempts to prove this hypothesis by some statistical evaluations. It points out that works in the public domain do not always get negatively affect when copyright protection is expanded, since the greater incentive would spur further creativity.T. Scassa, Originality and Utilitarian Works The Uneasy kin between Copyright Law and Unfair Competition 1 University of Ottawa Technology Law Journal 51 (2004). This article deals with the problem of protection afforded to utilitarian, creative works from a competition perspective. It examines the concept of originality in light of the shifting purposes of copyright law and of the historical relationship of utilitarian works to copyright law. It emphasizes on the overwhelming role that then judiciary in Canada has played in allowing copyright protection for utilitarian works, and this has resulted in a constant swing in the status of the law. It argues that, protecting utilitarian works by copyright has reusled in a loweing of the originality creativity threshold in copyright, which in turn has changed the character of copyright law in some instances and hence creates competition distortions.The problem the article argues, lies in the tension between copyright and unfair competition, primarily in relation to utilitarian works and this results in counterproductive pressures. P. Borderland, Where Copyright and Design Patent Meet 52 Michigan Law Review 33, 43 (1953). This article deals with the fundamental conflict that the protection of industrial artistic design embodies in the paradigm of the law of intellectual property rights. It points out that copyright and patent are basically supposed to protect very different things.The concept of industrial designs, thus, creates an overlap leading to a borderland issue between copyright and patent areas. The pa per explores the issues within this boundary confusion, giving attention to the policy considerations involved and attempts to give suggestions towards drawing a sharpy boundary between the two.The article theorises that in such a hypothesis, designs would fall more into the realm of patent than copyright, although having unmistakable copyright features. J.H. Reichman, well-grounded Hybrids between the Copyright and Patent Paradigms 94 Columbia Law Review 2432 (1994) A detailed and comprehensive review of the development of law of intellectual property, the article describes the bargain that is truck in both patent and copyright paradigms and the delicate balancing of interests sought to be achieved. It uses the Paris and Berne Conventions as a starting point, and, working backwards from there demarcates the area of copyright and patent laws.The most prevalent of the hybrids between the two is the existence of commercial designs, and by a thorough analysis of the objectives of law of intellectual property rights, the rights that can be afforded to be protected, concludes that design protection does not fall seamlessly into the copyright paradigm. In this context, it also talks about the law relating to improvements, the necessity of the law, problems facing it and possible solutions. P.J. Saidman, The Crisis in the Law of Designs 89 Journal of the Patent and Trademark Office Society 301 (2007). The article does a very thorough analysis of the functionality doctrine which has led to so much confusion.Firstly, it attempts to dispel some misconceptions, such as the allegement that artistry must necessarily be useless to qualify for copyright protection. Commenting on the lacunae in the current structure of design laws, the article states that the judicial trends in determining whether or not the functionality and separability test are fulfilled has resulted in the meager forms of protection available to industrial designs weaker than ever.The article suggests t hat the judicial principle currently in existence in the U.S are flawed, operating upon a narrow understanding of copyright law, and by a comparison with the European system, advocates that the system be employed in the U.S as well. M.A. Lemley The Economics of overture in Intellectual Property Law 79 Texas Law Review 989 (1997). This article deals with the crisis in intellectual property law of attempting to protect improvements while discouraging imitation. The law must distinguish between improvement, a necessary part of innovation, and generally to be encouraged, and imitation, which is generally considered both illegal and even immoral. This distinction, the article points out, is not easy to make, but it is critical to achieving the proper balance of intellectual property rights. Allowing too much imitation will stifle the incentives for development and commercialization of new products.Discouraging improvements on the other hand will take overze development at the first gen eration of products. The article carries out a thorough economic analysis of the issues involved, and proposes alternative models to make the boundary between imitation and improvement clearer and leave less to the discretion of the courts. N. Snow, Proving Fair Use as a pack of Speech 31 Cardozo Law Review 1781 (2010). The article deals with the fair use exception in copyright law. It traces the origin of the exception in copyright law, and explains the problems that the flexible doctrine is fraught with.Through a detailed analysis of case law, the article points out the extent of judicial discretion that the doctrine allows. The article evaluates the fair use exception in the context of free speech, and argues that the current judicial trend of requiring defendants to prove that they had used material which were not protected in their expres sion is get down free speech. G.N. Magliocca, Ornamental Design and Incremental Innovation 86 Marquette Law Review 845 (2003). This article makes an enkindle study of the origin and development of design protection law, it analyses the reasons for its slow advancement, the initial reluctance, the controversies and borderline issues that has surrounded the law. mercenary artistry, thus, was more of a problem than it was worth, leading to its neglect for nearly 200 years. The article provides an overview of the political scenario which also created difficulties, deeming designs to be part of the public domain. This Article concludes that there are sound public policy reasons against extending a property right to most commercial art and explores other ways to promote design innovation and since commercial designs occupy a unique position in the law sitting at the coming together of patent, copyright, and trademark doctrine, the article suggests that an ideal solution would require a revamping of the entire existing structure flitting game towards a unified picture of intellectual property law. It also concludes that t he economic costs with giving more protection to designs far outweighed the benefits.Table of CasesEnglish CasesDastar Corp. v. Twentieth cytosine Fox Film CorpThe complainant sought trademark protection for its World War II video series that had been, but was no longer, protected by a copyright. The Court denied the trademark claim, in part because allowing trademark protection in this case would conflict with copyright law, creating a species of perpetual copyright. The Court termed this perpetual protection a magnetic declination copyright and held that to permit trademark protection following the expiration of acopyright would infringe upon the publics right to copy an expired copyright. The Court made an analysis of the bargain that is involved in the protection of any intellectual property right and held that allowing such mutation from one form of intellectual property protection to another would completely defeat the very purpose of the bargain and become counterproductiv e.Millar v. Taylor 98 Eng, Rep. 201, 4 Burr. 2303 (K.B. 1769). This was one of the first judgments concerning copyright in the history of English law. It touch on infringement of the copyright on crowd Thomsons poem, The Seasons by Robert Taylor, and the booksellers won a favorable judgment. The judgment is significant for its recognition of property rights in a literary work for the first time. Sheldon and Hammond Pty Ltd v. Metrokane Inc 2004 F.C.A. 19. After the expiry of Le Creusets patent for a lever-action corkscrew, Metrokane engaged a designer to design a new corkscrew with the mechanics of le creuset but with greater aesthetic appeal, and beauty resulting in the rabbit corkscrew.The case involved a challenge of copyright infringement of Metrokanes modified model,which they alleges was artistic craftsmanship for which drawings existed. The case is significant for its ruling that, even though some beauty was added to the corkscrew by fashioning a new encasement, the primary purpose remained commercial and hence protection could not be obtained. Only the encasement was attractive, and although conceptually separable, the good relied on the instrument which was in the public domain. Copyright protection to the entire corkscrew, was therefore, denied, since the encasement alone did not qualify for protection due to the design copyright overlap.Kieselstein-Cord v. Accessories by Pearl, Inc. 632 F.2d 989 (2d Cir. 1980). A jewelry designer obtained copyright registrations for a line of decorative belt buckles inspired by artistic works. The designs became successful and were eventually copied by another company.The designer sued for copyright infringement and the company countered with the argument that the belt buckles were not appropriate copyrightable subject matter because they were useful articles.The Court used the separability doctrine to award in favour of the plaintiff. It came up with the novel concept of counseling its analysis on the primary a nd subsidiary portions of the useful articles and held that since they were conceptually separable, in that the primary ornamental aspect of the buckles is conceptually separable from their subsidiary utilitarian function, it was entitled to protection. PHG Technologies, LLC, v. St. John Companies 459 F.Supp.2d 640 (2006). At issue in this case were design patents claiming an ornamental design for a label pattern for a medical label sheet.The Court replaced its own prior test for functionality with a new one which requires a court to assess the utility of the proffered alternative designs and determine whether the chosen design best achieves the functional aspects of the article. If it does, then presumably the design choice was made for functional reasons, and any resulting design patent is invalid. In other words, the designer is penalized in the event that their best design choice also happens to lend itself to even marginally increased utility over the design alternatives. The f inal verdict went againt the plaintiffs in this analysis.Indian casesSamsonite Corporation v. Vijay Sales 73 (1998) DLT 732.The case concerned the alleged infringement of the plaintiffs design rights in suitcases. The plaintiff alleged that one series of suitcases had been specially intentional and surface embellishment chosen for the System 4 Range. The plaintiffs claimed copyright in the drawings and said that the defendant, stocking a similar type of suitcase from VIP, had infringed upon the copyright and had indulged in the tort of freeing off. The court however, first ruled that if any intellectual property subsisted in the cases, it was in the nature of a design right, taking eminence of S. 15 of the Copyright Act. Secondly, the Court held, enough identifying factors had been used with the series for a normal public acquainted with two famous brands to be impressed by the difference, and hence passing off could not also be claimed.Microfirms Inc. v. Girdhar and and Co and O rs 128 (2006) DLT 238 The plaintiff in this case claimed copyright infringement in respect of designs on the upholstery manufactured and marketed by the plaintiff. An allegation of copying and of passing off was also made. The court rules that, a requirement of registration under the deigns act did not preclude the protection of copyright. If design law was not applicable, civil remedies through copyright would still be available normally. But in this case, since the designs attractiveness derives from the article in which it is embodied, copyright protection could not be afforded, and S 15 of the Copyright Act expressly delegated designs capable of registration to the area of the design act. Hence, the claims could not stand, since no copyright subsisted. AGA Medical Corporation v. Mr. Faisal Kapadi and Anr 103 (2003) DLT 321.The plaintiff in this case was a pioneer in trans healthful technologies. Several drawings made for the manufacture of some cathartic devices were registered under copyright in the U.S. The defendant here was alleged to have attempted passing off, and releasing brochures depicting the exact same product victimization the exact same shape. The Court ruled against the plaintiffs, finding that even if copyright did subsist in the drawings, the hour they were converted into three dimensional products they lost that right by virtue of S. 15 of the copyright Act.The difference between two dimensional and three dimensional reproduction was elaborated on, and the Court gave a very definitive analysis of S. 15(2) and rules that the plaintiff did not have copyright in the drawings, and since the three dimensional objects could not be said to completely copy the plaintiffs production, no right was infringed. 2 . P. Goldstein, Copyright 135 (2nd edn., Vol 1.New York Aspen Law and Business 2002). 3 . Ibid at 144. 4 . V.R. Moffat, Mutant Copyrights and Backdoor Patents The Problem of Overlapping Intellectual Protection 19 Berkeley Technology Law Jo urnal 1473, 1474 (2004). 5 . Millar v. Taylor 98 Eng, Rep. 201, 4 Burr. 2303 (K.B. 1769). 6 . above cite 1 at 110. 7 . P.K. Schalestock, Forms of Redress for Design Piracy How Victims can Use Existing Copyright Law 21 Seattle University Law Review 113, 117 (1997). 8 . M.C. Broaddus, Designers Should get to to Create Useless Products Using the Useful Article Doctrine to Avoid Separability Analysis 51 South Texas Law Review 493, 494 (2009). 9 . S. P. Ladas, Patents, Trademarks and Related Rights National and International Protection 828 35 (Harvard Harvard University Press 1975). 10 . A. Muhlstein, M.A. Wilkinson. Whither Industrial Design 14 Intellectual Property Journal 1, 10 (2000). 11 . Ibid at 11. 12 . 35 U.S.C. 171 (1976). 13 . First copyright act passed in 1709, and in 1787, the first designs act which was passed aimed to give very little copyright protection to those engaged in the arts of designing clothes and those who designed or procured new and original designs for these types of goods obtained the sole right of reprinting them for two months. The protection of designs was considered to be a part of copyright. 14 . Dr. Ramesh, Registration of Designs Need a Fresh Look 32(12) Indian Bar Review, 83, 85 (2005). 15 . The designs covered during the historical development of the law of designs were of three types Pattern or print to be worked on or worked into a tissue or textile fabric, modeling, casting, embossment, chasing, engraving or any other kind of impression or ornament, shape or configuration of any article of manufacture. Design law therefore, sought to protect both shapes and surface decoration. 16 . E. Setliff, Copyright and Industrial Design An Alternative Designs Alternative 30 Columbia Journal of Law and the Arts 49, 61 (2006). 17 . S.W. Ackerman, Protection of the Design of Useful Articles Current Inadequacies and Proposes Solutions 11 Hofstra Lew Review 1043, 1061 (1983). 18 . S.H.S. Leong, Protection of Industrial Desig ns as Intellectual Property Rights Journal of Business Law 239,243 (2003). 19 . to a higher place raze 16 at 1053. 20 . above poster 9 at 18 21 . higher up occupation 15 at 52. 22 . in that location were many who had vested interests in the system which would afford some protection for industrial designs against copyists. The result was that when the Copyright, Designs and Patents Act was passed in 1988, an attempt was made to draw a boundary between copyright and registered designs and to exclude functional designs from copyright protection, but also a new type of monopoly, design right was created. It covers functional designs and was reminiscent of the design protection for articles having some purpose of utility. 23 . Laddie, Prescott, Vitoria, The Modern Law of Copyrights and Designs 1891 (3rd ed., Vol. 2, London Butterworths 2000). 24 . Mazer v. Stein, 347 U.S. 201 (1954) 25 . Supra note 6 at 117. 26 . G. Scanlan, S. Gale, Industrial Design and the Design Directive C ontinuing and Future Problems in Design Journal of Business Law 91,97 (2005). 27 . J.H. Reichman, Design Protection in Domestic and Foreign Copyright Law From the Berne Revision of 1948 to the Copyright Act of 1976 Duke Law Journal 1143, 1181 (1983) 28 . K.B. Umbreit, A Consideration of Copyright 87 University of Pennsylvania Law Review 932, 933 (1939) 29 . Supra note 26 at 1177. 30 . PHG Technologies, LLC, v. St. John Companies 459 F.Supp.2d 640 (2006). 31 . 21 Fed. Reg. 6024 (1956) repealed, 43 Fed. Reg. 966 (1978), 37 C.F.R. 966 (1978) 32 . C. Thompson, Not such a Crafty Corkscrew? Sheldon v. Metrokane and the Status of Industrial Designs as Works of Artistic Craftsmanship Under Australian law 26(12) European Intellectual Property Rights Review 548, 554 (2004). 33 . Sheldon and Hammond Pty Ltd v. Metrokane Inc 2004 F.C.A. 19. 34 . Kieselstein-Cord v. Accessories by Pearl, Inc. 632 F.2d 989 (2d Cir. 1980). 35 . Supra note 25 at 94. 36 . S 22(1) provided that when a design was registered, it would not be an infringement of the corresponding copyright to do anything which was an infringement of the design registration, or, after it expired, would have been if it had not expired. 37 . B. L. Wadhera, Law Relating to Patents, Trademarks, Copyright, Designs and Geographical Indications 491 (New Delhi Universal Publishing Co. Pvt. Ltd 2004). 38 . Supra note 22 at 1910. 39 . M. Howe, Q.C, Russell, Clarke and Howe on Industrial Designs 238 (7th edn., London Sweet and Maxwell 2005). AGA Medical Corporation v. Mr. Faisal Kapadi and Anr 103 (2003) DLT 321. 40 . Supra note 16 at 1044 Microfirms Inc. v. Girdhar and and Co and Ors 128 (2006) DLT238 41 . Supra note 38 at 259. 42 . J.C. Kromer, Claiming Intellectual Property 76 University of Chicago Law Review 719, 731 (2009). 43 . J.P. Mikkus, Of Industrious Authors and Artful Inventors Industrial Works and Software at the Frontier of Copyright and Patent Law 18 Intellectual Property Journal 174, 194 (2004). 4 4 . Copyright law presupposes that, absent subsidies, creatorswill invest time and resources only if aware of property rights that will enable them to control and profit from it, but it also recognizes that creative efforts necessarily urinate on the creative efforts which precede them, and hence must be allowed to draw on copyrighted works for inspiration and education. 45 . Supra note 1 at 140. 46 . Dastar Corp. v. Twentieth Century Fox Film Corp 539 U.S. 23 (2003). 47 . W. M. Landes, R. A. Posner, Indefinitely Renewable Copyright 70 University of Chicago Law Review 471, 475-76 (2003). 48 . T. Scassa, Originality and Utilitarian Works The Uneasy Relationship between Copyright Law and Unfair Competition 1 University of Ottawa Technology Law Journal 51, 60 (2004). 49 . Supra note 8 at 37. 50 . Supra note 27 at 935. 51 . Supra note 26 at 1178 52 . Supra note 7 at 493. 53 . P. Borderland, Where Copyright and Design Patent Meet 52 Michigan Law Review 33, 43 (1953). 54 . J.H. Rei chman, Legal Hybrids between the Copyright and Patent Paradigms 94 Columbia Law Review 2432, 2463 (1994) Samsonite Corporation v. Vijay Sales 73 (1998) DLT 732. 55 . Supra note 26 at 1143. 56 . Supra note 53 at 2504. 57 . Supra note 26 at 1160. 58 . Supra note 42 at 193. 59 . M.A. Lemley The Economics of Improvement in Intellectual Property Law 79 Texas Law Review 989,996 (1997). 60 . P.J. Saidman, The Crisis in the Law of Designs 89 Journal of the Patent and Trademark Office Society 301, 310 (2007). 61 . Supra note 38 at 73. 62 . N. Snow, Proving Fair Use as a Burden of Speech 31 Cardozo Law Review 1781, 1786 (2010). 63 . G.N. Magliocca, Ornamental Design and Incremental Innovation 86 Marquette Law Review 845, 848 (2003). 64 . Supra note 3 at 1476. 65 . Supra note 15 at 53. 66 . Supra note 59 at 313. 67 . Supra note 26 at 1160. 68 . Supra note 62 at 847. 69 . Supra note 38 at 270.