Routledge v McKay Case Essay Example | Topics and Well Written Essays - 750 words

Routledge v McKay Case - Essay Example This case Routledge v McKay relates to the exchange of a motorbike and sidecar with another motorbike along with the payment of thirty pounds. The Douglas BSA motorbike and sidecar in question were actually manufactured in 1931 but had been reconditioned by a previous owner to indicate that they were a 1941 model. The documents of the motorbike showed that it had been registered on 9th September 1941. The motorbike and the sidecar had been sold on a number of occasions before but the issue of manufacturing date had not been looked into detail. The seller had told the buyer of the motorbike and sidecar on October 23rd that the year of manufacturing was 1941. The buyer went away for considering his options and returned on October 30th to finalise the purchase. The contract for the sale was drawn up in writing on October the 30th but it did not mention anything about the year of manufacturing. Moreover, the written agreement ended with the contractual term that paying thirty pounds mean t the end of the transaction. The buyer later found out that the motorbike had actually been manufactured in 1931 and not in 1941 as the documents expounded. The claimant (being the buyer) later went to court to appeal against possible fraud and warranty issues. The claimant’s stance was that the seller had defrauded him by telling him that the year of manufacturing was 1931. In addition, the claimant suggested that he had been told of the year of manufacturing although it was never mentioned on the written agreement and that this amounted to a contractual term. ... Reasoning of the Judges Denning L. J. If a vehicle is sold from one person to another, the date of manufacturing is typically based on the date listed in the documents of the vehicle. It is common for this date to be used for reference when transacting the vehicle again. If the first seller of the vehicle delivers a statement regarding the date of manufacturing, he can be held responsible since the vehicle originates from him. However, in later transactions the sellers of the vehicle have no option but to reference the vehicle’s documents. In such cases, the sellers of the vehicle may pass on the date of manufacturing listed on the documents to the buyer. In case that a dispute arises, the sellers and buyer in between the first seller and the last buyer will be considered to be affected by innocent misrepresentation. For the current case, claims of fraud against the original vendor were barred due to statute so no such claims were filed by any party. Evershed M. R. The written memorandum (or the contract) between the last seller and buyer was admitted to the court as evidence although it lacked the required stamp under Section 14 of the Stamp Act of 1891. The other judges agreed to this stance. The honourable judge cited the Heilbut, Symons & Co. v Buckleton3 case and referred to the speech made by Lord Moulton. It was contended that a written statement could for part of a collateral contract but each such contract would have to have its own character for legal recognition. With reference to the Heilbut, Symons & Co. v Buckleton case, it was held that innocent misrepresentation could only be tried under warranty if the evidence presented held any such contractual term. Mere representation alone could not be taken as cause enough to

The rapid growth of Chinas GDP

The rapid growth of Chinas GDP The Chinese economy has undergone a rapid growth at an annual rate of around 9% for the past three decades. As a result, China is emerging as a new economic superpower. According to the statistics published by the World Bank, Chinas total GDP is on the way to replace that of Germany and is becoming the third largest economy in the world in 2008, after overtaking the United Kingdom in 2006. Some economists further suggest that if current trends continue, China may replace the United States as the largest economy in the world at some time in the middle of the century. Present your view on the possibility of this scenario. Discuss the possible implications for such a development for: a) the world trading system, b) the world monetary system, c) the business strategy of todays New Zealand firms, and d) global commodity prices. Over the past few decades, the importance of international trade and investment has been increased major matter for growth of countrys economy. According to Hodgetts and Luthans, that international trade and investment rates have been growing significantly larger and larger than domestic trade and investment (2003). Additionally, Czinkota, Ronkainen Moffetts believes international business has provided more opportunities ever before (2002). During the last decades, Asian business market place is developing dynamically and economic growth is increasing significantly. Especially, China has become as major role in a growth of the world economy. The reason of this is china has finally opened their door of economy to other countries for international trade and investment. As the result of that, China has become as one of the worlds fastest growing economies and it still grows dramatically because of their totalitarian system which the Chinese government based on (Hill, 2007). Since China has joined into the World Trade Organization in 2001, many Western firms have been attracted to enter into Chinese market as their investment and trading partners. China has been considered as the ideal destination by them (International Monetary Fund, 2004). Even more, many economists forecast, China can be the world biggest economy by 2050 if current trend continue (Hill, 2007). According to this, It shows a possibility that China would play a major role in world trade and monetary system in the future. This essay will examine the possible implications of Chinas growth in the world trade system and monetary system. Also it will briefly suggest the business strategy for todays New Zealand firms. Finally, this essay will discuss on global commodity price. The world trading system According to many economists, China has been expected to be the world biggest economic country in the future and ranks in international trade market are essential to be indentified where China is positioned. WTO says that China merchandise trade in world has ranked as 3rd position and commercial services trade in world has ranked as export 9th position and import 7th position in 2005 (World Trade Organization, 2007). Furthermore, trade amount of china with the world market has been increased remarkably from year 2001 to year 2006. Chinese trading increased 245% more in this period. Foreign direct investment also has been jumped up about 60% in this period too (Chinas Economy, 2007). The main reason for this change of Chinese economy in the world market is believed by economists due to their agreement with WTO in 2001. Ministry of Foreign Affairs and Trade stated, Many of the expected benefits of Chinas WTO membership relate to the modernization into the world system (Ministry of Fore ign Affairs and Trade, 2001). Subsequently, China has successfully adapted in world economy and trading system. Additionally, their successful achievement towards international competition and global business opportunities will drive China to chase to more widely opened market economy system and to enter the world market for national products (Yuntin, 2004). During the past decades, Chinese exports have tended to reallocate its market system from traditional manufacturing sectors to value-added sectors. This has been resulted from their role of trading with major economies of other countries. For example, electrical machinery manufactured in china has become their largest export area at 34% of Chinese total export in 2003. It shows that a possibility of China can be greater its part in the international export market. And now, this competitive change of China is threatening other countries for their export market shares. A number of economists cautiously say that Chinese market powe r for skill-and-technology products would increase rapidly while competition against Chinese market for unskilled-labour-intensive manufactures is dropping. Recently, China has one third of global petroleum demand as world second largest oil consumer. And their petroleum demand is still increasing fast. This will be caused as increase in importing petroleum into China. However, the prices of petroleum and raw materials have been increasing and this has made some countries to be rich from benefit of containing/trading petroleum and raw materials in their land such as countries in Middle East and North Africa region. Those countries are large suppliers of oil and raw materials to the world, and they are predicting that China would be increased in further oil demand (International Monetary Fund, 2004). Furthermore, not only Middle East and North Africa, but also the most regions are likely to gain benefit from Chinese economic activities. However, some countries in Asia which run their economy similar to China seems to have huge disadvantage from compete with China, due to their low costs for labour intensive products. For example, the worl d market going to be tougher to South East Asian countries from Chinese development of manufacturing and trading. In contrast, countries such as South Korea, Japan, Hong Kong, Singapore and Taiwan will get advantages from trade with China due to their market for export and import is relied heavily by China. Foreign direct investment into China is another reason for its huge economic growth. Since China became a member of WTO in 2001, foreign direct investment has in-flowed at a rate of roughly $1 billion every week. In 2002, as the result, China has become the world largest foreign direct investment in-flowed with ranked at the top by foreign investors. Chinese 1.5 billion population helped to attract foreign investors too. This fact obviously made foreign investors to concern China as more interesting and more promising market (Hill, 2007). However, this need to be concerned as serious problem to other country located in Asia. The reason of this is possibly the meaning of reduce in foreign direct investment flowing into their countries because of increasing foreign direct investment in China. At the moment, the Chinese government tries to emphasize its market attraction to foreign investors and this would be promoting Chinese market to boost foreign direct investment inflow into there. China is still rarely doubted about their country will be the most attractive and tasty target for foreign investors and this will be remain same for next few decades (Kotabe Helsen, 2004). The world monetary system According to Hill, International monetary system refers to the institutional arrangements that govern exchange rate (2007, p.368). The worlds four major currencies U.S dollar, the European Unions euro, the Japanese yen, and the British pound are all free to float against each other. Therefore, is can have an effect on swing of exchange rate. There are two main exchange rate systems exist in system, floating exchange rate and fixed exchange rate, are these. First of all, according to Kotabe and Helsen, floating exchange rate is the closest approximation to perfect competition because there is no government intervention and because billions of units of currency are being traded by buyers and sellers (2004). The currency in country also can become strong or weak depend on buyers and sellers sides change due to inflation, interest rate, rumor and income from international trade. If the country is shortage in international trades, and it is also not necessary to keep foreign currency fo r balance of country own currency globally, this regime gives benefit (International Monetary Fund, 2004). For example, when the foreign exchange market determines the relative of a currency, the country is regarded as adopt floating exchange rate regime (Hill, 2007). Second, fixed exchange rate is that A managed float allows for a limited amount of government intervention to soften sudden swings in the value of a currency. This is for the purpose of maintaining an orderly, less volatile foreign exchange market (Kotabe Helsen, 2004, p. 2004). Hill has stated that under a pegged exchange rate regime, a country will peg the value of its currency to that of a major currency so that, for example, as the U.S. dollar rises in value, its own currency rises too (2007, p.380). China is using fixed exchange rate regime while the most of countries are using floating exchange rate. Fixed exchange rate regime gives advantage that government can manage its exchange rate easily when inflation ra te increased, on the other hand, there is disadvantage of that economy can be depressed when their currency was overestimated. The difference between those two exchange rate regimes is whether the government has some degree of control over exchange rate in the foreign exchange market to hang on to the value of its own currency. Kotabe and Helsen believe that a country rather to adopt monetary system which has a large degree of exchange rate flexibility which best suits own economic circumstance (2004). During the past decade, China has maintained the value of Yuan at 8.3 of a U.S. dollar in order to make currency would fluctuate within a narrow band. However, recent issue for the China is necessary of reconsidering value of Yuan currency at a high level against U.S. dollar. Even China has this controversial issue, Chandler believes Chinas peg seems likely to remain status quo since the other Asian economies that are Chinas trading partners and competitors also have their currency li nkages to the dollar (2004, p.52). Asian Development bank suggested China should consider a more flexible exchange rate, while its capital is under control, and it is best to loosen the reins on a currency when growth is strong and the external account is in surplus (2004, p.10). The business strategy of todays New Zealand firms In China, there are three main business strategies for foreign investment is existing, joint venture, cooperative venture, and wholly-owned enterprise (Beamaish Spiess, 1993). Among of those business strategies in China, the most admired strategy is joint venture. More than majority, approximately 70% of venture business succeeded in Chinese market and made profit over the few years. More over, their profitability was relatively high compared to any figures from elsewhere (Asian Development Bank, 2004). Even if joint venture is the oldest fashioned way of business strategy for foreign investment, it seems that there is more chance to make profit with this strategy than other strategies. Thus, it would be suitable and safe strategy for New Zealand firms which want to enter into Chinese market. The nine Ps required being aware as necessary factors by foreign investor in order to success in Chinese market. The nine Ps include planning, persistence on the part of the non-Chinese partner, Partner, Product which is really necessary in China and government could be allow in, patrons, patience, people, problem solving attitude, and public relations. All these factors play significant roles for success of foreign investment. On the other hand, Beamish and Spiess believe that patience is given a great deal of weight on foreign investment. Patience indicates that fully adapt to Chinese culture and history is required with patient (1993). Todays New Zealand firms are required to consider China as the world largest economy and their big potential for investment in 21st century. Global commodity prices Due to demand from the big, rapidly growing economies of China, energy value is risen up significantly. Rising energy values mean more entries in the record books, as global commodity prices hit fresh highs. Meanwhile, China extends export duty on fertilizers to the global. Edward stated briefly about relationship with world commodity price and Chinese economy as Its not often that investors have cause to celebrate when their money goes up in smoke. But owners of commodity funds may feel differently. After all, many have acquired positions in the belief that commodities will act as a hedge against a fall in the stock market. That proved the case early this year. When global equities rallied in the week ended March 21, commodities gave back some of their gains, thus demonstrating their negative beta credentials. Yet for all the sophisticated spin about alternative assets, commodity investors are really making a big bet on China (2008, p. 146). Therefore, an investment in a commodity i ndex will increase overall price of all commodities. Nevertheless, the studied theory on the balance of supply and demand strongly suggests that the price of commodities should come down for production improvements and substitution efficiencies which designed to minimize impact on global economy while it wobbles brutally. It is not easy to predict the trend or effects of commodity inflation in the trading market. However, one thing is clear, the world commodity price is gradually increased and that is because the increase international demand, which means it could continue to rising in the future. In conclusion, China could achieve the remarkable economic growth since the Chinese government had decided to shift on market-driven economy system. This is remarkable change impacted to global economy. Besides, being a member of the WTO has been motivation to China could be ranked in top five countries for international trade, foreign direct investment as well as economic growth. The eyes of world are focused on Chinas economic growth. Therefore China has become significant trade partner to the global. However, some countries may suffer from rising of Chinese economy as its competitor in international trade market and some countries will compete harder with china. Nevertheless, China will still be the focus of attention by foreign investors as hot market. In addition, it probably is the time to New Zealand firms to consider about entering into Chinese market by using joint venture strategy. Finally, the price of global commodity seems continue to increase. However, solving the commo dity price problem and resource shortcoming are the key issues of China to be successful in transition to the world market economy.

Alcohol Abuse :: essays research papers

Alcohol Abuse   Ã‚  Ã‚  Ã‚  Ã‚  Alcohol abuse is a very dangerous condition in that it can cause many problems in a persons life and affect many aspects of their lifestyle. Alcoholism (or alcohol abuse) somehow effects everyone's life at some point in time; through a parent, a sibling, a friend, or even personal encounters. Alcohol abuse, as a medical diagnosis, refers to a pattern of behavior characterized by excessive alcohol consumption. This consumption can occur at regular intervals, regular weekend intervals, or during binges, which are considered as being intoxicated for at least two successive days. Difficulty in stopping, reducing the amount of alcohol use, and impaired social/occupational role functioning are all characteristics of alcohol abuse.   Ã‚  Ã‚  Ã‚  Ã‚  A number of theories in the medical feild are used to explain alcohol abuse. These are the biologic-genetic model, learning/social model, the psychodynamic model, and the multidimensional model (McFarland 457). Each different model, for alcoholism have varied explanations as to how and why people use and abuse alcohol.   Ã‚  Ã‚  Ã‚  Ã‚  The biologic-genetic model states that there is a specific genetic vulnerability for alcoholism. There has been extensive studies on factors in the genes that could determine or influence the use of alcohol from generation to generation. However, these studies have shown no hard evidence for an association between alcoholism and inherited factors.   Ã‚  Ã‚  Ã‚  Ã‚  The learning and social model proposes that alcoholism is a process that is slowly developed within a social situation or atmosphere. This model of alcoholism has also been researched by using both human and animal subjects. A conditioning model of alcohol tolerance has demonstrated that specific cues from the environment such as odor, sight, and taste, produce a stimulus that results in alcohol consumption. If ethanol, the addictive ingredient in alcohol , is not supplied, a psychological compensatory response called a craving is produced.   Ã‚  Ã‚  Ã‚  Ã‚  The psychodynamic model of alcoholism proposes that problematic child rearing practices produce psychosexual maldevelopment and dependence/independece conflicts. It is believed that while habitual alcohol use is in process, the habitual drinker may use behavior such as exaggeration, denial, rationalization, and affiliation with socially deviant groups. Results of these behaviors may include decreased work efficiency, job loss, alienation of friends and family, or even hospitalization.   Ã‚  Ã‚  Ã‚  Ã‚  The multidimensional model of alcoholism combines the interaction of biological, behavioral, and sociocultural factors. These three factors contribute together to make the strongest model, in which most alcoholics fit. The biological model relates to the progression from occasional initial relief drinking, to the increase of tolerance, and from loss of memory during heavy drinking periods to an urgency of drinking. The behavioral model is helpful in the identification of high-risk situations, in which alcoholics are most likely

New class proposal

It is clear that many students have not developed a love and appreciation for the written word during the time before they arrived at college. Though the classical works of Nathaniel Hawthorn and Charles Dickens and others may have deep appeal to those who have already learned to enjoy the written word, the truth of the matter is that many students these days never develop that appreciation. Therefore, I am proposing an introduction to literature class that will play to the visually-based nature of most students and encourage a love of reading: I am proposing a graphic novels introduction to literature class. With novels like Maus and V for Vendetta, students can be exposed to political ideas and strong writing in a manner that is likely to keep them turning the pages and not thinking of it as work. I think most students will expect this class to be â€Å"easy† and be surprised to discover that they actually learn something while â€Å"reading comics†.   I think an educator familiar with the twists and turns of the Marvel universe and American politics could give students a better understanding of current events, including the Patriot Act and other destructions of civil liberties, via a reading of Marvel’s new â€Å"Civil War† series. I think that this type of glass would appeal to many different people within the university structure and could be an innovative way to teach ideas ranging from equality and politics to morality and history. Please consider adding this class to the curriculum. Sincerely, Sign here

Little Falls Hospital

For the past six months, Lydia, who is paralyzed from a car accident and can only communicate through nodding her head, has been receiving life sustaining support from the staff at Little Falls Hospital. It is uncertain if Lydia is able to understand any information about her current situation and is able to make any decisions for herself. Lydia prepared an advance directive before the accident, but the advance directive cannot be located. There are two laws that can be taken into account for this situation, the New York Health Care Proxy Law and the New York’s Family Health Care Decision Making Act (FHCDA).Under the New York Health Care Proxy Law, Lydia’s husband, Mr. Bevins, who is her legal guardian, which also makes him the surrogate decision maker under the New York Health Care Proxy Law, has the legal right to make the decisions on her health care in her behalf. Being respectful of his wife’s wishes, Mr. Bevins is asking that the life sustaining support be withdrawn. However, Lydia’s mom, Eileen Redfield, believes that her daughter has a chance to recover and does not support Mr.Bevins’ decision. New York’s Family Health Care Decision Making Act (FHCDA) â€Å"establishes the authority of a patient’s family member or close friend to make health care decisions for the patient in cases where the patient lacks decisional capacity and did not leave prior instructions or appoint a health care agent. This â€Å"surrogate† decision maker would also be empowered to direct the withdrawal or withholding of life-sustaining treatment when standards set forth in the statute are satisfied.†With Mr. Bevins being the appointed guardian, it gives him the right to make the decisions on his wife’s behalf. Since there is uncertainty as to whether Lydia can make her own decisions, the doctors would have to confirm that Lydia is no longer capable of making decisions for herself before this right can be enacte d.It is critical that the physician determines whether Lydia is incapacitated and that her treatment is ineffectual before any life support decisions can be made. If it is found that Lydia is capable of making her own decision, she would need to give informed consent for any procedures or withdrawals of treatment. When the physician determines that Lydia is incapacitated and that treatment is ineffectual, there are three options to consider. The first option would be to continue with the current active treatment

Advancement of Human Rights from 1865 to Present

Advancement of Human Rights from 1865 to Present The Civil rights movement started back, when the Supreme Court passed a ruling that African Americans were neither free nor regarded as citizens, but it was later overruled in the Civil Rights Act in 1866. The issue of slavery was finally abolished in 1865, and took effect in December. The Thirteenth Amendment of the constitution of the United States did this. This period marked an accomplishment of eliminating racial barriers and slavery. This later led to the vast transformation of the cultural, political and social life in America.Advertising We will write a custom essay sample on Advancement of Human Rights from 1865 to Present specifically for you for only $16.05 $11/page Learn More When civil rights movement is mentioned, Martin Luther King Jr. comes to mind. This is because of his soul stirring speech of ‘I Have a Dream’, at the capital of the nation. The gruesome memory of that day is the photograph of four schoolchildren murdered by a b omb that went off in a church, while attending Sunday school. This was because of white back lashing, which portrayed the civil rights movement. Most people think that the civil rights movement began in the fifties, but in the actual sense, it started when Africans were brought to America. Those who fought the abolishment of slavery and equality laid the groundwork for the civil rights movement. After the Thirteenth Amendment, which eradicated slavery, the blacks were finally free but were illiterate and had no money or property. Additionally, inequality and racism were widespread in the South where slavery was predominant. This would assist the assimilation of blacks into the white dominated society. For instance, the14th Amendment assured the blacks of equality, whereas the 15th amendment approved voting rights. These measures however were short lived, especially in the south where the whites were a majority. They used various means to stop the blacks from enjoying their newly fou nd rights. Racist groups like Ku Klux Klan (KKK) used even more horrifying methods like executing those who pushed for advancing their rights. The already passed amendments faded away slowly and in addition, the Supreme Court, in 1896, passed a law that stated the whites and blacks could be separated legally, as long as facilities were equal. However, these facilities were never equal. This issue of separate but equal gave the whites an upper hand to prevent the blacks from enjoying their rights as American citizens. The white supremacy in the South gave rise to the Jim Crow. This was the law of the South where everything in the area was separated. By 1900, black leaders responded to these laws, which had expanded to all areas of public life. They came up with political strategies to fight racial inequalities and injustice. One of the key players for the early civil rights movement was W.E.B Du Bois, who supported and urged African Americans to fight for equality. Part of his crusad e led to the formation of the National Association for the Advancement of Colored People (NAACP). During WW1, many of blacks joined the army but were put in different units from the whites. However, the migration to the North increased unemployment and other issues that had already crippled the north, and racial issues still went on. During the Second World War, the blacks were also subjected to discrimination in the military units and defense industries, in spite of their will to fight for their country. This later resulted to a course of black protests, which brought the Jim Crow under national inquiry.Advertising Looking for essay on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More In the fifties, two incidents sparked the civil rights movement again. The NAACP won the case of segregation in public schools, and the incident in Montgomery, of Rosa Parks, where she was later arrested. In protest to her arrest, the blacks bo ycotted and the black activists took advantage of the situation, and drew attention to their cause. This was when Martin Luther King Jr. became active. He established and piloted a resistance movement that disputed the laws of the racists. The Montgomery boycott lasted for more than a year, until in 1956, where the federal court unified the issue. This boycott was important because it overpowered the explicit law of Jim Crow, which had oppressed the blacks. Martin Luther then became the leader of the movement, and his non-violent approach would characterize the civil rights movement, which inspired a large participation by blacks, as well as the whites. Between 1950 and 1960, the civil rights movement had some success. Community based projects fought the barriers, which prevented the blacks from voting, whereas others targeted the terrorism by the whites, as they continued with their intimidation. During this period, Martin Luther was jailed, and his letter from jail got him the sup port of many whites who were sympathetic. As the demonstrations from the black community flared, President Kennedy addressed the nation, showing his alliance with the cause for the civil rights. He came up with a legislation that banned separation and increased protection of civil rights for everyone. King and other activists planned the march on Washington. The aim of this gathering was to enhance economic prowess for the African Americans. This is where King delivered his famous speech of ‘I Have a Dream’. This gave hope to the blacks, but it soon dwindled, following the shooting of President Kennedy. In the mid sixties, the activitists had started losing hope in the civil rights because the mandates of the courts were not granted immediately, and this left the blacks crippled politically and economically. Malcom X rose to stardom during this period. However, he did not comply with Martin’s non-violence advocacy, instead he urged the blacks to fight for their r ights by any means necessary (Revolutionary view). The death of Martin Luther, in 1968 was the last stroke to the already crippled movement. The civil rights movement no doubt left a mark on the society. The most explicit forms of discrimination came to a stop and the violence reduced. The blacks were given public offices, and millions have economic freedom. Minority groups found motivation in these movements, and started their own human rights movements. However, the equality fight is still far from over, because the blacks still struggle to share the same freedom as the whites enjoy. On the brighter side, it changed the attitude of many, and at least gave hope that the dream of an equal and fair America, if not a reality, has at least some possibility.Advertising We will write a custom essay sample on Advancement of Human Rights from 1865 to Present specifically for you for only $16.05 $11/page Learn More

Analysis The World Is Flat A Brief History of the Twenty

Analysis The World Is Flat A Brief History of the Twenty Central Theme The central theme in this book as portrayed by Friedman, is how globalization has changed some of the core economic areas. According to Friedman, the world has become flat through various transformations such as technological advancement and enhanced communication (Friedman, 2006).Advertising We will write a custom research paper sample on Analysis: â€Å"The World Is Flat: A Brief History of the Twenty-first Century† by Thomas Friedman specifically for you for only $16.05 $11/page Learn More In an attempt to explain how the world has become flat, Friedman discusses major steps under which globalization has taken place; in fact he defines these ten steps as ‘world flatteners’ (Friedman, 2006). Friedman argues that around the year 2000, the world entered a new era; this is the era of globalization where accessibility of information has become easier which is what he describes as flattened world where there is equal playing fi eld of economic achievements. It is during this time that people have found new ways through which they can collaborate; these ways are referred in the book as the â€Å"world flatteners† (Friedman, 2006). For instance, the fifth flattener also known as outsourcing Friedman explains that the advancement in technology has enabled companies to delegate jobs in remote countries which reduce costs by way of internet communication. Again due to occurrence of globalization, people are now able to connect and interact much faster through several communication channels more rapidly than before as stipulated in the steroids flattener that involves use of wireless sharing of information such as iPods and other personal devices. Indeed, the world now has equal opportunity for all people and therefore competition in the business sector has just taken a new twist. As such, Friedman compares the modern business trends which he describes to be similar to a river, because of the way they hav e streamlined sale of products (Friedman, 2006). With increased competition comes equal opportunities and equalized income which means that US is now under more pressure to remain competitive in many areas in order to remain relevant as a superpower since they will be facing a lot of challenges from other countries; notably, India and China which are becoming more advanced.Advertising Looking for research paper on american literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More Relevance The concept found in book, World is flat, is a series of transformation described as â€Å"world flatteners† which are said to have occurred in the economic and business sectors which have significantly contributed to equalization of the world in many aspects (Friedman, 2006). In comparison to the book, The American Dream by Jason DeParle, the book questions and investigates how America came to achieve so much dominance and power in the m anagement in the world affairs. In the book, The American dream, US is described to have undergone through a lot of transformation to become the greatest economical and political power in the world today (DeParle, 2005). The book posits that this has not been an easy road to success and argues that there is so much that has contributed to America becoming successful. The solidarity that unites US for instance has contributed to the drive and energy that has facilitated innovations and creativity that has driven competition. According DeParle, all that lies within the American great foundation, is a great culture that has been promoted over years, this has consequently contributed to social mobility and growth (2005). This as compared to the book The World is Flat is seen as being the key concepts of success. Similarly, cultural changes have also occurred in the world just as argued in the book The World is flat. The world has become flat as different cultures including those that we re previously threatened have become integrated. In this book, Friedman describes how the world, just like â€Å"The American dream† has accepted changes and embraced technology (2006). Among the changes that have occurred in both cases includes new advancement in technology use of computers, use of fiber optic and the use of wireless communication such as mobile phones, iPods among others.Advertising We will write a custom research paper sample on Analysis: â€Å"The World Is Flat: A Brief History of the Twenty-first Century† by Thomas Friedman specifically for you for only $16.05 $11/page Learn More Indeed, the world has flattened due to various innovations as shown in the book which are seen to have been embraced as described in the out-sourcing flattener where Friedman says that technology has allowed Companies to be able to distribute services and also subcontract some activities through technological advancement. The impact of globalizat ion in US There is no doubt that US has benefited more than it has lost through globalization; this is because globalization has both benefits and adverse effects. The major ways that US has benefited through globalization include enjoying better terms of trade, outsourcing of jobs to other countries, less trade barriers, high cultural integration, improved democracy and enhanced communication through social networks (Nickmaceus, 2010). Some specific ways in which this benefit has occurred in US is through technological advances that have enabled outsourcing of jobs in other countries at cheaper rates and in real time to become possible. Globalization has also made US to be one of the most integrated cultural societies in the world (Bhagwati, 2004). This has major benefits such as skilled labor, promotion of tourism and advancement of neo-colonialism (Denhart, 2007). On the other hand, globalization has its adverse effect; in US this adverse effects include loss of job to foreigners , threat of US internal security due to proliferation of foreigners and increased brand competition from other countries when it comes to trade. Public Affairs Relevance The main theme addressed in the book The World is flat, is globalization. Globalization is described as a situation whereby â€Å"regional economies, societies, and cultures have become integrated through a global network of political ideas through communication, transportation, and trade† (Friedman, 2005). This is very similar to what the concept of public affairs entails; public affair is concerned with the relationship between government activities and other elements in the society. Because of globalization countries have been able to interact and do more trade with other countries globally much easier than before facilitated by the current technological advancement that we have.Advertising Looking for research paper on american literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More This means that, factors of globalization are very much reflected in public affairs issues such as economic and social system. Indeed, in today’s world, economic integration has also enhanced cultural integration. In fact, these two issues are the main factors of globalization. Other characteristic of globalization includes increased communication, shared cultures, electronic commerce, improved infrastructure, and democracy (Dunnigan, 2006). These two are found intertwined in various public affairs such as good governance which is democracy, economic growth, increased job opportunities, promotion of international trade, international tourism, social equity and poverty eradication. It is therefore clear that public affairs issues are directly correlated with globalization issues as discussed in the two books. It is by reading them that I have been able to realize this clear link between public affairs issues and globalization and its relevance in governance. References Bhagwat i, A. (2004). In Defense of Globalization. New York: Oxford University Press. Friedman, T (2005). Its a Flat World After All. New York Times Magazine. Web. Denhart, T. (2007). Theories of Public Organization, 5th edition. Stamford, CT: Wadsworth Publishing. DeParle, J. (2005). American Dream. New York: Penguin Group. Dunnigan, J. (2006). The Costs of the War on Terror. Web. Friedman, T. (2006). The World Is Flat: A Brief History of the Twenty-first Century. New York: Farrar, Straus and Giroux. Nickmaceus, K. (2010). Globalization and the United States: Positive and Negative  Impacts on American Domestic Policies. Web.

Biography of Sun Yat-sen, Chinese Revolutionary Leader

Biography of Sun Yat-sen, Chinese Revolutionary Leader Sun Yat-sen (November 12, 1866–March 12, 1925) holds a unique position in the Chinese-speaking world today. He is the only figure from the early revolutionary period who is honored as the Father of the Nation by people in both the Peoples Republic of China and the Republic of China (Taiwan). Fast Facts: Sun Yat-sen Known For:  Chinese Revolutionary figure, Father of the NationBorn:  November 12, 1866 in Cuiheng village, Guangzhou, Guangdong Province, ChinaParents: Sun Dacheng and Madame YangDied: March 12, 1925 in Peking (Beijing), ChinaEducation: Cuiheng elementary school, Iolani high school, Oahu College (Hawaii), Government Central School (Queens College), Hong Kong College of MedicineSpouse(s): Lu Muzhen (m. 1885–1915), Kaoru Otsuki (m. 1903–1906), Soong Ching-ling (m. 1915–1925); Chen Cuifen (concubine,  1892–1912)Children: Son Sun Fo (b. 1891), daughter Sun Jinyuan (b. 1895), daughter Sun Jinwan (b. 1896) with Lu; Daughter Fumiko (b. 1906) with Kaoru Early Life Sun Yat-sen was born Sun Wen in Cuiheng village, Guangzhou, Guangdong Province on November 12, 1866, one of six children born to tailor and peasant farmer Sun Dacheng and his wife Madame Yang. Sun Yat-sen attended elementary school in China, but he moved to Honolulu, Hawaii at the age of 13 where his elder brother Sun Mei had lived since 1871. In Hawaii, Sun Wen lived with his brother Sun Mei and studied at the Iolani School, earning his high school diploma in 1882, and then spent a single semester at Oahu College before his older brother abruptly sent him back to China at the age of 17. Sun Mei feared that his brother was going to convert to Christianity if he stayed longer in Hawaii. Christianity and Revolution Sun Wen had already absorbed too many Christian ideas, however. In 1883, he and a friend broke the Beiji Emperor-God statue in front of his home villages temple. In 1884, his parents arranged for his first marriage to Lu Muzhen (1867–1952), the daughter of a local merchant. In 1887, Sun Wen left for Hong Kong to enroll in the college of medicine and left his wife behind. They would have three children together: son Sun Fo (b. 1891), daughter Sun Jinyuan (b. 1895), daughter Sun Jinwan (b. 1896). He would go on to marry twice more and take a long-term mistress, all without divorcing Lu. In Hong Kong, Sun received a medical degree from the Hong Kong College of Medicine (now the University of Hong Kong). During his time in Hong Kong, the young man converted to Christianity (to his familys chagrin). When he was baptized, he received a new name: Sun Yat-sen. For Sun Yat-sen, becoming Christian was a symbol of his embrace of modern, or Western, knowledge and ideas. It was a revolutionary statement at a time when the Qing Dynasty was trying desperately to fend off westernization. By 1891, Sun had given up his medical practice and was working with the Furen Literary Society, which advocated the overthrow of the Qing. He also began a 20-year relationship with a Hong Kong woman named Chen Cuifen. He went back to Hawaii in 1894 to recruit Chinese ex-patriots there to the revolutionary cause in the name of the Revive China Society. The 1894–1895 Sino-Japanese War was a disastrous defeat for the Qing government, feeding into calls for reform. Some reformers sought a gradual modernization of imperial China, but Sun Yat-sen called for the end of the empire and the establishment of a modern republic. In October 1895, the Revive China Society staged the First Guangzhou Uprising in an attempt to overthrow the Qing; their plans leaked, however, and the government arrested more than 70 society members. Sun Yat-sen escaped into exile in Japan. Exile During his exile in Japan, Sun Yat-sen met Kaoru Otsuki and asked for her hand in marriage in 1901. Since she was only 13 at the time, her father forbade their marriage until 1903. They had a daughter named Fumiko who, after Sun Yat-sen abandoned them in 1906, was adopted by a family named Miyagawa. It was also during his exile in Japan and elsewhere that Sun Yat-sen made contacts with Japanese modernizers and advocates of pan-Asian unity against Western imperialism. He also helped supply weapons to the Filipino Resistance, which had fought its way free from Spanish imperialism only to have the new Republic of the Philippines crushed by the Americans in 1902. Sun had been hoping to use the Philippines as a base for a Chinese revolution  but had to give up that plan. From Japan, Sun also launched a second attempted uprising against the government of Guangdong. Despite help from the organized crime triads, on October 22, 1900, the Huizhou Uprising also failed. Throughout the first decade of the 20th century, Sun Yat-sen called for China to expel the Tatar barbarians- meaning the ethnic-Manchu Qing Dynasty- while gathering support from overseas Chinese in the US, Malaysia, and Singapore. He launched seven more attempted uprisings, including an invasion of southern China from Vietnam in December 1907, called the Zhennanguan Uprising. His most impressive effort to date, Zhennanguan ended in failure after seven days of bitter fighting. The Republic of China Sun Yat-sen was in the United States when the Xinhai Revolution broke out at Wuchang on October 10, 1911. Caught off guard, Sun missed the rebellion that brought down the child emperor, Puyi, and ended the imperial period of Chinese history. As soon as he heard that the Qing Dynasty had fallen, Sun raced back to China. A council of delegates from the provinces elected Sun Yat-sen to be the provisional president of the new Republic of China on December 29, 1911. Sun was chosen in recognition of his unflagging work raising funds and sponsoring uprisings over the previous decade. However, the northern warlord Yuan Shi-kai had been promised the presidency if he could pressure Puyi into formally abdicating the throne. Puyi abdicated on February 12, 1912, so on March 10, Sun Yat-sen stepped aside and Yuan Shi-kai became the next provisional president. It soon became clear that Yuan hoped to establish a new imperial dynasty, rather than a modern republic. Sun began to rally his own supporters, calling them to a legislative assembly in Beijing in May of 1912. The assembly was evenly divided between supporters of Sun Yat-sen and Yuan Shi-kai. At the assembly, Suns ally Song Jiao-ren renamed their party the Guomindang (KMT). The KMT took many legislative seats in the election, but not a majority; it had 269/596 in the lower house, and 123/274 in the senate. Yuan Shi-kai ordered the assassination of KMT leader Song Jiao-ren in March of 1913. Unable to prevail at the ballot box and fearful of Yuan Shi-kais ruthless ambition, Sun organized a KMT force to challenge Yuans army in July 1913. Yuans 80,000 troops prevailed, however, and Sun Yat-sen once more had to flee to Japan in exile. Chaos In 1915, Yuan Shi-kai briefly realized his ambitions when he proclaimed himself the Emperor of China (r. 1915–16). His proclamation as emperor sparked a violent backlash from other warlords- such as Bai Lang- as well as a political reaction from the KMT. Sun Yat-sen and the KMT fought the new emperor in the Anti-Monarchy War, even as Bai Lang led the Bai Lang Rebellion, touching off Chinas Warlord Era. In the chaos that followed, the opposition at one point declared both Sun Yat-sen and Xu Shi-chang as the President of the Republic of China. In the midst of the chaos, Sun Yat-sen married his third wife, Soong Ching-ling (m. 1915–1925), whose sister May-ling would later marry Chiang Kai-shek. To bolster the KMTs chances of overthrowing Yuan Shi-kai, Sun Yat-sen reached out to local and international communists. He wrote to the Second Communist International (Comintern) in Paris for support, and also approached the Communist Party of China (CPC). Soviet leader Vladimir Lenin praised Sun for his work  and sent advisers to help establish a military academy. Sun appointed a young officer named Chiang Kai-shek as the commandant of the new National Revolutionary Army and its training academy. The Whampoa Academy officially opened on May 1, 1924. Preparations for the Northern Expedition Although Chiang Kai-shek was skeptical about the alliance with the communists, he went along with his mentor Sun Yat-sens plans. With Soviet aid, they trained an army of 250,000, which would march through northern China in a three-pronged attack, aimed at wiping out the warlords Sun Chuan-fang in the northeast, Wu Pei-fu in the Central Plains, and Zhang Zuo-lin in Manchuria. This massive military campaign would take place between 1926 and 1928, but would simply realign power among the warlords rather than consolidating power behind the Nationalist government. The longest-lasting effect was probably the enhancement of Generalissimo Chiang Kai-sheks reputation- but Sun Yat-sen would not live to see it. Death On March 12, 1925, Sun Yat-sen died at the Peking Union Medical College from liver cancer. He was just 58 years old. Although he was a baptized Christian, he was first buried at a Buddhist shrine near Beijing called the Temple of Azure Clouds. In a sense, Suns early death ensured that his legacy lives on in both mainland China and Taiwan. Because he brought together the Nationalist KMT and the Communist CPC, and they were still allies at the time of his death, both sides honor his memory. Sources Bergere, Marie-Clare. Sun Yat-sen. Trans. Lloyd, Janet. Stanford, California: Stanford University Press, 1998.Lee, Lai To, and Hock Guan Lee. Sun Yat-sen, Nanyang and the 1911 Revolution. Singapore: Institute of Southeast Asian Studies, 2011.Lum, Yansheng Ma, and Raymond Mun Kong Lum. Sun Yat-sen in Hawaii: Activities and Supporters. Honolulu: Hawaii Chinese History Center, 1999.  Schriffin, Harold. Sun Yat-sen and the Origins of the Chinese Revolution. Berkeley: University of California Press, 1970.

Six principles of IDEA Essay Example | Topics and Well Written Essays - 250 words

Six principles of IDEA - Essay Example The Free and Appropriate Public Education (FAPE) principles, relieves the financial burden that parents may experience when educating their children with disability challenges. The principle ensures that the public education system effectively meets the needs and aspiration of students individually. The federal government provides the public school districts with funding. The principle thus protects disabled students from discrimination, in the entire United States. The disabled students and their guardians or parents, are therefore involved in all aspects of the school system. The free aspect of the Act enables the education of children having disabilities, to be appropriately determined by the Individualized Education Program (IEP) that caters for individual needs of students. The public aspect of the act empowers the public schools to respond to education interests of the students. Appropriate aspect of the principle considered the individual differences among the students with disabilities, and illustrates effective measures for giving them quality

A Dialogue between Andrew Jackson and Henry Clay Research Paper

A Dialogue between Andrew Jackson and Henry Clay - Research Paper Example Before embarking upon the dialogue, it would be advisable to present a brief introduction of both the personalities under discussion. Andrew Jackson serves as one of the most influential statesmen the USA has ever produced. By dint of his talent, wisdom and foresight, he achieved the height of triumphs against his political opponents and was elected to be the seventh and eighth President of America. Jackson adopted courageous strategic policies and combated with several internal and external challenges in a successful manner. However, his economic policies are aptly criticized by the opponents to be inadequate ones. Similarly, Henry Clay is also regarded to be a considerable personality in the early history of America, who served as senator, speaker of the House of Representatives and US Secretary of State, who demonstrated his diplomatic skills while serving at the same position. He entered into conflict with President Jackson, and was among the most dominant personalities laying th e foundation stone of a new political group under the title Whig Party in 1833, which was to become an important political faction against the Jacksonian Democracy. The Dialogue: Jackson: As you know it very well sir that I had won the popular votes during 1824 elections, though I had not obtained majority votes (Nye & Morpurgo, 1955: 214). However, instead of supporting me on bagging electoral votes, you put your weight in favor of John Adam, who was not a popular leader, you see. You just gave him support for personal gains, as President Adams would appoint you as the secretary of state in order to return your favor subsequently. Clay: Mr. Jackson! It is right that I had voted in favor of President Adams, which was my right actually to let the candidate elected which I considered to be the most apposite one for this key position. However, I did not cast my vote for personal gains; rather, my appointment as the secretary of state was actually the acknowledgement of my talent and se rvices as statesman. It is therefore there appeared many diplomatic achievements in my career as secretary. I voted against you due to your unauthorized invasion on Spanish West Florida in 1818, during which you exercised cruelty and even did not hesitate to set the houses of the British and Spanish to fire as you thought that both these groups were involved into providing the Indians with financial and moral aid (Watson, 1998:31). Thus, targeting me by applying false allegations of selling my political position for personal benefits does not appear to be an appropriate way of criticism altogether. Jackson: Invasion on Spanish Florida was not my personal decision; rather President Monroe had appointed me as military governor in order to crush the revolt raised by the traitor Indians and slaves of Florida backed by the British and Spanish enemies of the country. I had the powers to crush the revolt that could put the solidarity of my country at grave jeopardy. It is therefore I appli ed all the methods that I felt inevitable for purifying the region from traitors and foes at large (Remini, 1999: 286). Since no serious revolt launched by the enemies of the country could be tarnished by applying kind and considerate measures, use of force and some cruelty was essential for gaining control over the area. Had I not dealt with this challenge in a rational manner, the USA could have lost the entire area subsequent to the revolt, you see.  

How Do Consumer Characteristics Influence Buying Behavior Research Paper

How Do Consumer Characteristics Influence Buying Behavior - Research Paper Example It is evidently clear from the discussion that the quantity of purchase and the types of products in purchasing have come across the shifting in the consumer buying habits. On the contrary, previously marketers and organizations were able to comprehend the consumers buying behaviors and patterns through their experiences of selling the products to the consumers. However, firms and marketing decision makers lost direct contact with the customers with the augmentation of the market and organizations. Therefore, the consumer-buying behavior is one of the most significant aspects for the organizations in today’s time to be acquainted with the buying patterns and habits of the consumers so that they can focus on their products or services to the market. Since the consumer market profoundly depends upon the buying behaviors of the customers, therefore organizations should understand the market before developing or designing any marketing strategies. As a result, to the constantly ch anging buying patterns of the consumers, consumer research has become one of the imperative methods for the marketers and enterprises where they are spending millions of dollars for the study of consumer habits. Moreover, consumer research allows the marketers to gain more knowledge about the consumer behavior and their habits of buying a particular product or service. Furthermore, this research also makes the enterprise identify and recognize the responsibility of the customer towards the overall product that includes its features, price, advertising and several others over its competitors. The research will also lead to the surveillance that consumer enormously varies in age, income, education, taste and quite a lot of other factors. In addition, the consumer characteristics that influence their purchasing habits also include elements such as cultural, social, personal, and psychological characteristics. Therefore, the consumer research findings provide a great deal of assistance to the firms, as they are then able to determine the strong association between the marketing stimulus and the customer reaction.

Report on Religious Field Research Essay Example | Topics and Well Written Essays - 1250 words - 4

Report on Religious Field Research - Essay Example Religion forms the epicenter of human being’s social life. This paper intends to examine the Buddhism religion by attending a church service and interacting with the members of this faith. The church service attendance intends to serve as a channel to understand fully the sentimental attachments of the members to the faith through observation. More over, information will be sought through interviewing. The church of attendance is the Oregon Buddhist Temple in the Northwest District in Oregon (Ganeri, 2002). Further, this paper intends to incorporate any misconceptions that were realized after finding more information about the religion. Further, more this paper will test personal assumptions and perceptions of Buddhism through the intended interaction. Buddhism is one of the most common religions in the globe.    Its roots go back to 563 B.C.E. when Siddhartha Gautama was born.    Gautama is commonly referred to as the â€Å"Buddha†, which means the â€Å"Awakened One† (Ganeri, 2002).    Buddhism spread speedily all over Asia and other parts of the world. However, this religion remained practically unfamiliar in the West until the last half century.       â€Å"The Western scholars; writers and artists, philosophers and the arrival of Asian immigrants brought diverse forms of Buddhism to North America, Australia and Europe† formed the main channels through, which the teachings and beliefs attributed to Buddhism spread to other parts of the world (Wilkinson & Teague, 2003). My mother, and her close friend, Nhu Lan Nguyen (Lan) are representatives of immigrants from Vietnam who brought the principles of Buddhism to the US following the War of Vietnam. It is imperative to note that, Buddhism arose as a Spartan movement during the period of Brahman custom (Gethin, 1998).    Discuss any misconceptions you had about the religion you researched Having been raised in a Roman Catholic family, attending a Buddhist church seemed to be unbelievable, but because of clearing the misconception, I went on to attend Buddhist service. I attended the Oregon Buddhist Temple with one of my friend who is Buddhist. In the temple, I encountered numerous believers who turned out to be friendly, welcoming and courteous. In fact, this context made the research interview easier since, the members were ready to share their experience and beliefs on the Buddhism religion (Wilkinson & Teague, 2003). My misconceptions about the Buddhism religion were dual-pointed. The first misconception is about the Buddhism culture as being foreign and whimsical. The fact that, I did not understand beliefs and values attributed to the religion, I did not imagine that Buddhism religion existed in the real world. I assumed that, the whole picture about Buddhism, I acquired from books and other sources of the media, represented fantastical and fictional works for entertainment. However, from the outset of the service, a keen consideration and study of the set of beliefs set me to the basic level of understanding that Buddhism is a religion that people practice like any other religion (Wilkinson & Teague, 2003). The second misconception is that of believing that, all religions conduct the series and prayers the same way. I misconceived this belief because I thought if all religions belief in one creator, God, then, the God is served in the same way. This was not then case after attending the Buddhism service, settings were different, prayers and services were conducted differently. Analyze how

CASE STUDY ANALYSIS Essay Example | Topics and Well Written Essays - 1500 words

CASE STUDY ANALYSIS - Essay Example The report highlights significant limitations in the communication system of Hotel Griffith. It also identifies the approaches that could be instrumental in preventing conflicts in the organization. The recommendations that Griffith Hotel could use to solve the issues are also available. These recommendations include the introduction of new recruitment processes. This is because the current process has several limitations that derail the growth of the entire hotel businesses. For example, the current processes reduce the motivation levels among the personnel. Additional recommendations include punishing employees who are disrespectful while working. Table of Contents Contents Contents 3 Literature Review 6 Transcript of the conversation between Samantha and the Guest 8 References 10 Case Study Analysis Introduction Modern business need to create efficient communication systems. This is because such systems reduce conflicts within the respective organization. The foremost intention of this report is to underscore the negative aspects of poor communication systems in organizations, for example, the hotel industry. The final part of the report highlights recommendations that need to be adapted. Consequently, the report identifies problems that hotel under study faces. Other key issues are also evident in the report making it follow the traditional report structure. The report offers a comprehensive literature review on significant theories of interpersonal communication. Finally, the report presents a transcript of a conversation between an employee of the hotel and an Indian guest. Identification of problems and key issues This case study of Griffith Hotel presents several problems related to communication. The management of Griffith Hotel is conservative especially in the operational processes. This negatively influences its entire operations. For example, the social exchange theory suggests that the relation that people’s relations are based on their res pective personal interests. The personnel within the company have personal interests that derail the communication process. For example, Simon, the Front Office Manager (FOM) believes that his views are appropriate. This is probably because of his maturity level and familiarity in the hotel industry (Hogan, 2008). Key issues within Griffith Hotel Case include the lack of an efficient coordination system in the hotel. Simon, the manger does not care to designate shifts among employees who can support each other. This creates continuous incidences of disagreement among the employees because they fail to understand one another. Additional issues related to the social exchange theory include the frequent disagreements between the management and the employees. This is because Simon fails to work with his subordinates appropriately. Instead, he orders them as if they were disobedient schoolchildren. Most of his employees complain that during their respective inductions, they are treated a s though they were naughty schoolchildren. Simon employs ineffective communication strategies with his subordinates (Kusluvan, 2003). The hotel lacks efficient human resources that would enable Griffith Hotel realize high profit levels. The current employees are ineffective. For example, Michelle, Ronny and Bruno have the relevant experience to offer exemplary services. They fail to deliver because of laxity while working at the hotel. These employees do not seem to have the desired professionalism in this industry. This

Literary Analysis Essay Example | Topics and Well Written Essays - 1000 words - 1

Literary Analysis - Essay Example As might be expected from such a summary, the action of the story goes much deeper than the simple activities of a woman tending her favorite plants within the strictly defined space of a cottage garden. Steinbeck’s fluid style and gentle suggestive use of language highlights a deeper meaning to the story, particularly when the reader reaches the final lines in which it is seen that Elisa is â€Å"crying weakly – like an old woman.† With his use of imagery and action, Steinbeck highlights Elisa Allen’s isolation and frustration both within her garden and through her relationships with others such as the tinker and her husband, Henry. Elisa’s garden quickly illustrates the degree to which Elisa herself is isolated from the rest of the world. Elisa, like her flowers, is completely enclosed within the garden space which is marked by a low fence. This fence stands between her and the other characters throughout much of the story. This is symbolic of how she is enclosed and isolated from the rest of the world. This isolation is also emphasized by the setting described: â€Å"The high grey-flannel fog of winter closed off the [valley] from the sky and all the rest of the world.  Ã‚  On every side it sat like a lid on the mountains and made of the great valley a closed pot† (Steinbeck). This setting indicates that even if she were to leave the garden, Elisa would still find herself cut off from the rest of society. Her isolation is also made clear as she watches her husband talk to strangers not far away but is prevented, by custom and expectation, from joining them despite her own curiosity about what they are saying. In a similar way, Steinbeck forces the reader to make a mental link between the chrysanthemums in the garden and Elisa’s tremendous frustration with her life. He does this first by pointing out the manner in which she works with the flowers, â€Å"The chrysanthemum stems seemed too small and easy for her energy†

CASE STUDY ANALYSIS Essay Example | Topics and Well Written Essays - 1500 words

CASE STUDY ANALYSIS - Essay Example The report highlights significant limitations in the communication system of Hotel Griffith. It also identifies the approaches that could be instrumental in preventing conflicts in the organization. The recommendations that Griffith Hotel could use to solve the issues are also available. These recommendations include the introduction of new recruitment processes. This is because the current process has several limitations that derail the growth of the entire hotel businesses. For example, the current processes reduce the motivation levels among the personnel. Additional recommendations include punishing employees who are disrespectful while working. Table of Contents Contents Contents 3 Literature Review 6 Transcript of the conversation between Samantha and the Guest 8 References 10 Case Study Analysis Introduction Modern business need to create efficient communication systems. This is because such systems reduce conflicts within the respective organization. The foremost intention of this report is to underscore the negative aspects of poor communication systems in organizations, for example, the hotel industry. The final part of the report highlights recommendations that need to be adapted. Consequently, the report identifies problems that hotel under study faces. Other key issues are also evident in the report making it follow the traditional report structure. The report offers a comprehensive literature review on significant theories of interpersonal communication. Finally, the report presents a transcript of a conversation between an employee of the hotel and an Indian guest. Identification of problems and key issues This case study of Griffith Hotel presents several problems related to communication. The management of Griffith Hotel is conservative especially in the operational processes. This negatively influences its entire operations. For example, the social exchange theory suggests that the relation that people’s relations are based on their res pective personal interests. The personnel within the company have personal interests that derail the communication process. For example, Simon, the Front Office Manager (FOM) believes that his views are appropriate. This is probably because of his maturity level and familiarity in the hotel industry (Hogan, 2008). Key issues within Griffith Hotel Case include the lack of an efficient coordination system in the hotel. Simon, the manger does not care to designate shifts among employees who can support each other. This creates continuous incidences of disagreement among the employees because they fail to understand one another. Additional issues related to the social exchange theory include the frequent disagreements between the management and the employees. This is because Simon fails to work with his subordinates appropriately. Instead, he orders them as if they were disobedient schoolchildren. Most of his employees complain that during their respective inductions, they are treated a s though they were naughty schoolchildren. Simon employs ineffective communication strategies with his subordinates (Kusluvan, 2003). The hotel lacks efficient human resources that would enable Griffith Hotel realize high profit levels. The current employees are ineffective. For example, Michelle, Ronny and Bruno have the relevant experience to offer exemplary services. They fail to deliver because of laxity while working at the hotel. These employees do not seem to have the desired professionalism in this industry. This

Business Analysis of British American Tobacco Case Study

Business Analysis of British American Tobacco - Case Study Example Philip Morris leads the market with 18% share, BAT follows with 11%, while Imperial Tobacco and Gallaher hold fourth and fifth position in the global tobacco pie. The missing third spot belongs to Japan Tobacco. In UK, the cigarette and tobacco market is predominantly captivated by Gallaher and Imperial Tobacco; the two firms enjoy an 80% hold in the market. BAT has its manufacturing facilities in UK but exports most of its production. (Action on Smoking and Health Fact sheet No.18) Recently, BAT has strengthened its position in the Tobacco world market with different moves. As per the most recent developments, to expand their reach farther, BAT is in process of acquiring small firms internationally so as to have extended access to the markets, and to have stronger position at the same. The group is also quite close to the completion of purchasing House of Prince (HoP). As per the Citigroup officials, the huge network of supply chain that BAT carries with itself can assist in exceeding HoP's last years 30 billion cigarettes sales figure throughout Europe. This would have a net impact on BAT's sales rather than increasing the existing lines sales. At the same time, in the start of March 2007, BAT declared its results for the ended fiscal year showing an increase in operational profits of 7-8% with Middle East, Latin America, Africa, and Asia-Pacific are the major contributors to this increment. Apart from this, another major cause has been an increment in the sal es volumes of subsidiaries that rose by 2%. It is noticeable that the net tobacco products sales was drove by the 4 major players of the market, giving it a volume increase of 17%. Internal & External Analysis Two of the most effective tools used widely for internal and external analysis of an organization are PEST and SWOT. PEST is the simple analyses of the external environment of an organization, while SWOT matches the internal and external factors to identify critical points for concentration. Following are the same conducted for BAT: SWOT SW presents the internal scenario of the organization, matched against the existing or anticipated external OT provides a plan for the future course of action. Following is a pictorial representation of the same: Strength Independence from single importer-monopoly Brand loyalty and associated good will Tremendous market segmentation Weaknesses Lack of regional market knowledge Unpredictability of Importers Very less presence in the local market Lack of

Dracula, Bram Stoker A Religious Analysis

Dracula, Bram Stoker A Religious Analysis Before the Victorian Era of the nineteenth century, faith in Christ was pretty much a necessity in Europe. But Christianity underwent its challenges with the theory of evolution anticipated by Charles Darwin. This event made people in industrialized cities, and most of their views of Christ, dissipate. After the drastic change in peoples views, the idea of the Anti-Christ, in most Christians was highly thought about. Most speculated that the Anti-Christ was already walking with them and were many different ideas of what he looked like. In Bram Stokers Dracula, Stoker simulates Dracula as the Anti-Christ by using many beliefs from Christianity to exhibit abundant amounts of the evaluation of the influence of Dracula with the influence of God, Anti-Christian morals, and superstitious beliefs. In this fictional novel, Dracula has certain powers that the other characters surely do not. A lot of these powers, to Christians, are characteristics of what no man but God could have. The only difference is that unlike God, Dracula uses these powers for evil. One example is the fact that Dracula can change the weather around him. In chapter eight, when Dracula is trying to transport his boxes of earth to Carfax, he crashes the ship by creating a fierce storm. The waves rose in growing fury and The wind roared like thunder, and blew with such force that it was with difficulty that even strong men kept their feet(Stoker 87) This event shines a light on his character because it eventually kills everyone on the ship. Killing innocent people when he didnt have to because he was selfish does portray the Anti-Christ in him. Christians also believing that taking the life of a child of God is a sure-fire way of going to hell (The Ten Commandments) surely puts him in the category of demonic. Christians believe that in order to go to heaven and having an eternal life with God, digesting Gods body and blood (Holy Communion) is vital. For Dracula, he is residually undead, by consuming the blood of the existing to thrive and to gain his power. Doing this, Dracula counts on human beings to renovate his undead being and not directed on God as the foundation. It is also said that you must let God into your heart; Dracula cannot come into a persons home unless invited in. In the Bible, Christ is known as the light, which signifies bliss or life. Dracula moves to an old abandoned Church not used anymore which can show that God is no longer present which would accomplish Draculas purpose of spreading evil. Dracula is too looked as the Anti-Christ by sharing comparisons with Jesus but in wicked ways. As Dracula moves to Carfax and begins his journey on to feeding on his victims, just as God had his disciples, Dracula has his followers as well. Renfield is a prime example of Draculas disciple. I am not even concerned in His especially spiritual doings. If I may state my intellectual position I am, so far as concerns things purely terrestrial, somewhat in the position which Enoch occupied spiritually(287) A few times on the book, when Renfield discusses Dracula, Dracula name or as a pronoun is always capitalized; in Christ, most people would refer to God in that manner. Readers can infer that Renfield thinks of Dracula as his master. Another reason readers think that Renfield is Draculas follower is that Renfield wants to be Draculas wing- man as Enoch was a follower of God. Another power in which Dracula uses most of the time is fact that he can control animals. In the first chapter Jonathan Harker notices that he saw Dracula stand in the roadway. As he swept his long arms, as though brushing aside some impalpable obstacle, the wolves fell back and back further still.(18) This is a very strange and scary thing that even God cant do. Also the fact that he only control dog, wolves, bats, and rats are quite interesting because most Christians say that the Anti Christ was the ruler of the night. In the Bible, God is passed on as the light, which signifies joy or life. This is a coincidence because these animals are creatures of the night, and Dracula has an influence over all of them. Another part where he does this is when he breaks into Lucys house to kiss her. There was a crash at the window, and a lot of broken glass was hurled on the floor. The window blind blew back with the wind that rushed in, and in the aperture of the broken panes there was the he ad of a great, gaunt gray wolf.(157). He controls the wolf into breaking in because Dracula desperately needs blood and would do anything to get his hands on his prey, even if that means hurting others to get to them. Draculas Anti-Christ ways are more protruded by the superstitious beliefs invented by Christians. In the first chapter, when Jonathan Harker departs to Draculas castle, the old lady puts rosary round my neck and said, For your mothers sake. (9) One of the common superstitions is that holy objects, in this situation holy beads, will shield you from all wicked, which in Jonathans case, is Dracula. When Jonathan slashes himself shaving the next day and Dracula starts to attack him, he notices the beads and the crucifix and backs down.You should not put your faith in such objects of deceit(31). This is a prime example of Draculas hatred towards God. This also proves that Dracula is the anti-Christ because he cant even approach rosary without harming him. Another example in which this superstition shows his anti-Christian self is later in the novel where Van Helsing utilizes the communion wafers to prevent Dracula from getting into his coffins. Once Dracula notices that there are holy ob jects around is boxes of earth, he cannot go in them. So much hatred for holy objects, to the point where he has to repel from them proves that Dracula is definitely the Anti-Christ. Even though there are a lot more examples to prove that Dracula might be the Anti-Christ, it is certain that Dracula epitomizes Anti-Christian values and mistreatment of Christianity. In numerous traditions Dracula is symbolized as the essence of sin. Into these closing stages, he is overcome by godliness. By illustrating a similarity between Dracula and anti-Christian beliefs, Dracula employs loads of biblical meanings. In Bram Stokers Dracula, Stoker uses Dracula as a capsule, to trap in all the hate and evil by using countless viewpoints from Christian beliefs to show the signs of Anti-Christianity.

Argument for the Existence of God :: Religion, Theology

  Ã‚  Ã‚  Ã‚  Ã‚  The following paper will provide a sound argument in favor of the existence of God. By demonstrating that an Atheist world cannot account for the preconditions of the laws of logic an Atheist cannot even account for a rational debate concerning the existence of God.   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"The impossibility of the contrary†, the best and only proof that the nesesary truth of the existence of God is his revelation of himself to us that makes it possible for us to use logic. This could be translated, using only nessesary truths, into the form of:   Ã‚  Ã‚  Ã‚  Ã‚  L: (laws of logic)   Ã‚  Ã‚  Ã‚  Ã‚  G: (God exists)   Ã‚  Ã‚  Ã‚  Ã‚   if L entails G L   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  ================   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   G Logic is â€Å"the laws of reasoning that God has established.† If God has established these laws of reasoning that we call logic then how could the Atheist system account for the laws of logic. First they are immaterial and universal, and how could anything immaterial and universal be accounted for in a naturalistic (matter only) universe. Second if God has established these laws of reasoning then there would be no atheism. An Atheist wants to believe in laws of logic which are universal in application, but in order to escape the ultimate implications of this idea ( there is a God who imposes universal standards of reason.), the Atheist will try to maintain that the â€Å"laws of logic† are merely â€Å" conventions† of general agreement amongst them. This is philosophically non- acceptable, if logic were simply a matter of convention, it would be impossible

The Rash Romeo in Shakespeares Romeo and Juliet Essay -- William Shake

The Rash Romeo in Shakespeare's Romeo and Juliet In the play Romeo and Juliet, Romeo’s actions are rash throughout the play. For example, Romeo does not consider the consequences of his actions when he insists on marrying Juliet. Also, Romeo shows rashness when he kills Tybalt. Finally, Romeo is rash when he kills himself. Rashness is a quality that haunts Romeo throughout the play. One of Romeo’s acts that shows his rashness is his marrying Juliet. After Juliet says that she does not want to marry Romeo, he persists and says that he wants â€Å"Th’ exchange of thy love’s faithful vow for mine† (2.2.134). Romeo does not consider the consequences of their marriage. He simply wants his wish fulfilled. He is rash because he wants to rush into a marriage for which he is not ready. Romeo’s rashness persists throughout the play and leads to his downfall. Another example of Romeo’s rash personality is when he kills Tybalt. Romeo’s family is told that if they fight with the Capulet family, they will be killed. Tybalt of the Capulet family fights with Mercut...

Electronic Contracts Essay

There are several long-term impact of electronic contracting on the nation’s business and some of these are the following: First of all, since the E-sign Federal Law â€Å"legitimizes business conducted by electronic means†, this means that the nation will produce more businesses than usual (Zanger, 2000, n. p. ). This is because an electronic contract saves a considerable amount of time, as well as, effort (Zanger, 2000, n. p. ). Unlike in the traditional way, wherein individuals entering into a contract are obliged to meet with each other, negotiate with each other, agree with each other, etc before finally signing a document that legitimizes what they have discussed about with regards to business (Zanger, 2000, n. p. ). In electronic contract, a document is sent for another party to read and agree upon, if he or she does then he or she signs it, then the other party, in case he or she agrees will also sign it (Zanger, 2000, n. p. ). Electronic contract is exceedingly easy and extremely convenient that is why the number of businesses is increased greatly which leads to a flourishing economy for the nation as well (Zanger, 2000, n. p. ). Second, the e-Sign Federal Law â€Å"continues the advancement of e-commerce†, which in turn, also plays a large role in the economy of the whole nation (Zanger, 2000, n. p. ). It motivates individuals to transact their businesses online and make their services far more efficient by doing so (Zanger, 2000, n. p. ). The fast and efficient service that e-commerce offers contribute largely in inspiring people to create a business of their own online which will not only bring in an additional income for themselves and their families but to the government as well (Zanger, 2000, n. p. ). Finally, â€Å"it establishes uniformity in intrastate, interstate, & foreign commerce† which means that the hindrances and vagueness to well-organized/competent interstate â€Å"online transactions posed by different states’ laws† will be gone forever (Zanger, 2000, n. p. ). This means that the flow of business transactions will be freely flowing because there will be no more differences in State laws to attend to (Zanger, 2000, n. p. ). In case that other States have other laws with regards to e-commerce and electronic contracts, these will still be covered by this federal law technically referred to as â€Å"the Federal E-sign Law† (Zanger, 2000, n. p. ). Since uniformity is established through the aforementioned law, more individuals are more confident now with online transactions than before (Zanger, 2000, n. . ). What are the potential pitfalls you see with electronic contracting? An electronic contract entails an â€Å"electronic signature†, which is actually an â€Å"electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record† (California Codes Civil Code Section 1633. 1 – 1633. 17, n. d. ). The major problem here is that there are no rules or standards for electronic signatures (California Codes Civil Code Section 1633. – 1633. 17, n. d. ). There should be only one kind of technology utilized for â€Å"an electronic signature to meet the functional equivalence standard because there are no built-in security of handwritten signatures, in ink, and tangible writing† (California Codes Civil Code Section 1633. 1 – 1633. 17, n. d. ). There should be â€Å"encryptions, access controls, as well as, date stamps† in order for it not to be easily tampered with (California Codes Civil Code Section 1633. 1 – 1633. 17, n. d. ). If there are no guiding principles on what comprises electronic signatures then fraud is most likely to occur (California Codes Civil Code Section 1633. 1 – 1633. 17, n. d. ). Anybody can just sign an agreement however she/he wants it to be signed and he or she may just opt to get out of it by saying it not his or her electronic signature or he or she may just put another electronic signature that is not really associated with him or her for the purpose of being able to run away with it in case he or she needs to (California Codes Civil Code Section 1633. 1 – 1633. 17, n. d. ).

Media & Invasion of Privacy

LAGOS STATE UNIVERSITY SCHOOL OF COMMUNICATION A TERM PAPER SUBMITTED IN PARTIAL FULFILLMENT OF THE COURSE: ETHICS AND PROFESSIONAL PRACTISE (MAC 854) LECTURER: DR. JIMI KAYODE TITLE: MEDIA AND THE INVASION OF PRIVACY BY AKANDE ADEFEYISAYO ADEBOLARINWA †¢ SUBMITTED ON 30th JANUARY, 2010 INTRODUCTION Media practitioners possess the function of gathering, processing and disseminating news item to a heterogeneous large audience which often times not done with sound moral judgement in mind lands them into pool of troubled waters. Celebrities, politicians and other sought-after sources of news have over time expressed justifiable anguish over the diminishing aspects of their lives that are no longer free from prying eyes and publication from the press. They routinely assert that members of the media violates their privacy based strictly on their need to publish any news story that comes their way for the main purpose of profit and simply can not distinguish what type of information is private, public or newsworthy. Journalists, however, often possess diverse concepts of privacy and newsworthiness, and know that the issue is more complicated based on the fact that reporting news stories in a way that serves and informs the public will often require publicizing details or displaying images that will mortify or anger someone. To make privacy issues even more complicated for journalists, courts constantly redefine what is private based upon interpretations of the elusive legal standard of a â€Å"reasonable expectation of privacy. ( www. winning-newsmedia. com/privacy) â€Å"The U. S. Supreme Courts scolding of the media in the 1999 â€Å"ride along† cases for a perceived inattention to the privacy rights of the people featured in the news most likely reflects the current attitude of many judges and lawmakers and, thus, underscores the importance for journalists to be aware of general privacy principles. † (www. associatedcontent. com/topic) The intrusion and publication of private images can expose journalists to overwhelming financial liability if a court determines that a news organization has invaded a person’s privacy. The invasion of another’s privacy is a tort, meaning a civil wrong against another that results in injury. A privacy tort occurs when a person or entity breaches the duty to leave another person alone. When reporters intrude on a person’s privacy and cause emotional or monetary injury, they may be forced to pay damages. To avoid lawsuits, journalists must know how the law operates while seeking to balance the competing interests of the press and the public against the privacy interests of the subjects of the reports. Journalists often run contrary of this tort through the process of gathering information. Actions that may violate this privacy right include intrusion onto private property, concealed observation and the deceptive access into private areas. Conduct that invades privacy may also violate the criminal law. In general, courts have held that journalists must obey all relevant laws. In Cox Broadcasting Corp. v. Cohn, 420 U. S. 469 (1975) â€Å"the U. S. Supreme Court noted that in privacy tort, claims of privacy most directly confront the constitutional freedoms of speech and press†. www. definitions. uslegal. com) This study provides a universal explanation of each privacy tort and related causes of action. The privacy facts tort presents the unsettling circumstances in which journalists may be liable for monetary damages for coverage of news item. In several cases the Supreme Court has held that â€Å"where a newspaper publishes truthful information which it has lawfully obtaine d, punishment may lawfully be imposed, if at all, only when narrowly tailored to a state interest of the highest order. Florida Star v. B. J. F. , 491 U. S. 524, 541 (1989). Although the Supreme Court has prevented states from punishing journalists who published legally obtained names of juvenile offenders and rape victims, the Court has not absolutely rejected the private facts tort in this context. Although crimes such as rape are newsworthy and newsworthiness is a defence to a private facts suit, not all courts have agreed that the identity of a rape victim is newsworthy. Apart from news story either in the broadcast or in the print medium, photography has also been observed as posing some inimitable problems in privacy law, broadly, the legal analysis for invasion of privacy through images parallels the analysis for invasions through words. Essentially, the scope of this study is simply to analysis the fundamental nature of privacy laws, the various types that a mass media practitioner can run afoul of in the course of his or her duty and its implication for the society as a whole. Emergence of Privacy Laws: Concerns about intrusive newspaper reporting were mainly the beginning of the law of privacy. At that time, metropolitan daily newspapers used a variety of sensational information to attract potential readers. Media practitioners often played out the lives of the affluent and famous on the pages of their newspaper, permitting their readers to vicariously enjoy the wealth and the status of the celebrity. It was the kind of journalism now commonly referred to as â€Å"yellow journalism† that drove two Boston lawyers, Samuel D. Warren and Louis Brandeis to use the pages of the Harvard Law Review to recommend an officially documented right to privacy titled â€Å"The Right to Privacy† in 1890. Thus, their enterprise can be justifiably referred to as the source from which the law of privacy sprouted from. In their words as cited in Pember & Calvert, 2006: To satisfy a prurient taste the details of sexual relations are spread broad-cast in the columns of the daily papers. To occupy the indolent, column upon column is filled with idle gossip, which can only be procured by intrusion upon the domestic circle†¦Ã¢â‚¬ ¦.. The common law has always recognised a man’s house as his castle, impregnable, often, even to its own officers engaged in the execution of its commands. Shall the courts close the front entrance to constituted authority, and open wide the back door to idle or prurient curiosity? Warren and Brandeis strongly proposed that people should be able to go to courts to stop such unwarranted intrusions and also to secure monetary damages for the hardship or emotional distress they suffered from prying and from publication of private materials about them. The question of when the coverage and reporting of news became an invasion of privacy is a difficult one, especially for photographers and videographers. Consequently, the combination of a lack of clear definitions of privacy standards and an acceptance of degree of privacy puts media practitioners in a precarious position. In Sanders v. American Broadcasting Cos. , Inc. , 978 P. 2d 67 Cal. 1999, â€Å"the California Supreme Court held in 1999 that even an employee who holds a conversation in an open office space and overheard by co-workers can pursue an invasion of privacy claim if that conversation is recorded by a reporter’s hidden camera. The court rejected the notion of privacy as an â€Å"all-or-nothing† concept and described an â€Å"expectation of limited privacy† as follows: †¢ A subjective expectation of privacy is an opinion of a person that a certain place or situation is private. †¢ An objective, legitimate or reasonable expectation of privacy is an expectation of privacy recognized by society Under different circumstances, however, courts have established that news media are justified in doing what their subjects may feel is invasive. ( wikipedia: 2002) Definitions: According to the United Nations’ Universal Declaration of Human Rights Resolution 219A (III), Article 12 of 10 December 1948 as cited in Malemi (2002: 163): No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Privacy refers primarily to a person’s right to be left alone by the media, not necessarily a physical intrusion into one's private property or personal space. Invasion of privacy charges are usually presented in a civil lawsuit against media outlets that have crossed a perceived line into a celebrity or other public figure's private life, or have used his or her likeness or name in an unauthorized public manner Privacy law is the area of law concerned with the protection and preservation of the privacy rights of individuals. Increasingly, governments and other publics as well as private organizations collect vast amounts of personal information about individuals for a variety of purposes. The law of privacy regulates the type of information which may be collected and how the information may be used. The Right to Privacy: According to the 1999 Constitution of the Federal Republic of Nigeria, chapter IV, Section 37 on the right to private and family life says: â€Å"Citizens have right to privacy of themselves, their homes, correspondence, telephone and telegraphic communications. † A violation of this rights amounts to invasion of privacy. Remedies can then be pursued in the courts when anyone goes contrary to the above provisions. The right of privacy is a common-law cause of action that is a recent legal development. The U. S. Constitution contains no direct references to the right of privacy, although the Fourth Amendment states: â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated†¦ † The right of privacy competes with the freedom of the press as well as the interest of the public in the free dissemination of news and information, and these permanent public interests must be considered when placing the necessary limitations upon the right of privacy. The First Amendment states: â€Å"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press†¦ † â€Å"[pic][pic]Invasion of privacy, then is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. It encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information†. Photographers’ guide to Privacy, 2003). The wrongful intrusion into a person's private activities by other individuals, the media or by the government has generally been defined as invasion of privacy. Privacy is invaded when one intentionally intrudes, physically or otherwise, upon a person's solitude or into his private area or affairs. Invasion of privacy is considered a violation of to rt law and can be litigated inside the civil courts for monetary damages. Recently, invasion of privacy has taken on even greater meaning with recent technological advances. Bussian & Levine 2004 opine that: Whether an article or broadcast is newsworthy, whether the information was gathered in an objectionable fashion, whether truthful information is nonetheless highly offensive — all are considerations in weighing individuals' claims against the news media. Invasion of privacy is a tort, a civil wrong, which can lead to jury trials and potential claims for compensatory and punitive damages. It also places judges in the unfamiliar and uncomfortable role as â€Å"editors† of last resort. Celebrities are not protected in most situations, since they have voluntarily placed themselves already within the public eye, and their activities are considered newsworthy. Categorically, invasion of privacy or the intrusion into the personal life of another, without just cause, can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. Folarin, 2005:155 also agrees that the right to privacy is a legal means by which consumers can control media content through suits instituted against the media in defence of their right relating to invasion of privacy which includes insulation from needless publication of private matters. Also that people can sue any media that uses their names falsely. He asserts that the people who have little or no chance of winning most of the suits are acknowledged public figures who are generally assumed to have lost their to privacy by taking up public office or otherwise become public by being involved in a newsworthy act or incident. In distinguishing invasion of privacy among other claims facing the media, unusual situations involving crime victims and witnesses and also photographs of virtually anything visible in a public place do not give rise to actions for publication of private facts. Also facts that give rise to a false light claim may support a defamation claim while injury to reputation is not required for a false light claim. The false light tort aims primarily to protect against emotional distress rather than to protect one’s reputation. Based on First Amendment of the US constitution concerns, and the similarity between the claims, some states have not been persuaded to recognize the false light tort. However, public personalities are not protected in most situations, since they have placed themselves already within the public eye, and their activities (even personal and sometimes intimate) are considered newsworthy and are perceived to be of legitimate public interest. Dimensions of Invasion of Privacy: ) Intrusion on one's solitude or into one's private affairs includes: †¢ The Home: A person's home gets the highest protection from the courts. Entering a house or apartment without permission of the occupant or, in some circumstances, the police, can be considered as an unlawful intrusion. †¢ Photographs and Tape Recording: Taking photographs of a person or his property in a private place may be an invasion of privacy. Tape recording a person without his consent may also provoke damage awards. ) Public di sclosure of embarrassing private information such as: †¢ Personal Matters: Details about a private person's sexual relationships, the contents of personal letters, private facts about an individual, or other intensely personal matters are off-limits to the news media unless they are considered as absolutely newsworthy. †¢ Newsworthiness: Even truthful accounts are actionable if they contain highly offensive details which are not of legitimate concern to the public. ) Publicity which puts him/her in a false light to the public: †¢ Fabrication: Ascribing quotes or fictionalizing actual events can lead to invasion if a person is portrayed in a false light before the public. †¢ Photographs: Using photographs or films to illustrate a story that implies falsely that a person is involved in a disreputable incident. d) Appropriation of one's name or picture for personal or commercial advantage such as: †¢ Advertising: The unauthorized use of a person's name or photo graph in an advertisement is another immense subject in nvading people’s privacy. †¢ Property Rights: This happens when the press offers to give away unauthorized broadcasts or photographs of a performance. The Supreme Court in the United States has ruled that there is a limited constitutional right of privacy based on a number of provisions in the Bill of Rights and subsequent amendments. This includes a right to privacy from media surveillance into an area where a person has a â€Å"reasonable expectation of privacy† and also in matters relating to marriage, procreation, contraception, family relationships, child rearing and education. However, records held by third parties such as financial records or telephone call records are generally not protected unless a specific federal law applies. The court has also recognized a right of anonymity and the right of groups to not have to disclose their members' names to media agencies. (www. answers. com) Generally, it’s been considered that one ought to have a reasonable â€Å"expectation of privacy†, meaning: i. A place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed or filmed by another; or ii. A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance. Given the similarity to voyeurism, an adjudicator might find that placing a hidden camera in a certain location may amount to the torts of indignation or deliberate infliction of emotional distress. Invasion of privacy laws are usually broken into four separate categories highlighted earlier including intrusion, appropriation, false light and public disclosure of embarrassing facts. Intrusion of Solitude: Intrusion of solitude, seclusion or into private affairs is an arm of invasion of privacy done by spying on or intruding upon another person where that person has the expectation of privacy. Places that a person ought to have an expectation of privacy are usually in a home or business setting. Consequently, people who have become public figures do not have the same expectation of privacy. A media practitioner, who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability for invasion of privacy, if the intrusion would be highly offensive to a reasonable person. To be liable for intrusion upon seclusion or solitude, the plaintiff must prove the following elements: Invasion of a secluded place or privacy: this happens when the defendant is alleged to have invaded the plaintiff's personal or private space. This could be determined by: Physical intrusion into a place where the plaintiff has secluded himself. ) Use of the defendant's senses to eavesdrop or spy in order to oversee or overhear the plaintiff's private affairs or b) Some other form of investigation or examination into plaintiff's private concerns. Objectionable intrusion: this is the type of intrusion that would be highly offensive to the ordinary reasonable person. †¢ Invasion of private affairs or matters: the i nterference with the plaintiff's privacy must be substantial (however, if the event reported occurs in public, there is no expectation of privacy). Other examples of intrusion upon privacy include placing microphones or cameras in someone's bedroom or hacking into their computer. Society does not expect a journalist to place wiretaps on a private individual’s telephone without his or her consent. Opening someone's mail is also considered to be intrusion of solitude, seclusion or private affairs. The information gathered by this form of intrusion need not be published in order for an invasion of privacy claim to succeed. Trespass is closely related to the intrusion tort and may be claimed simultaneously. Intrusion claims against the media often centre on some aspect of the newsgathering process. This tort may involve the wrongful use of tape recorders, cameras or other intrusive equipment. Trespass also can be a form of intrusion. An actionable claim for intrusion may arise whether or not a news story is published or aired. (A photographer’s guide to privacy, 2003) Appropriation of Name, Likeness or Identity: The appropriation of a private person's name, likeness or identity by a person or company for commercial gain is prohibited under the invasion of privacy laws. However, this law pertains to a private figure and not a public figure or celebrities, who have fewer and different privacy rights. The Restatement (Second) of Torts Section 652C (1977) defines appropriation of name or likeness as follows: â€Å"One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy. † (Bussian & Levine, 2004) Appropriation of name or likeness occurs when someone uses the name or likeness of another for their own advantage. Action for misappropriation of right of publicity protects against commercial loss caused by appropriation of an individual's personality for commercial exploitation. It gives the individual exclusive right to control the commercial value of his or her name and likeness to prevent others from exploiting that value without permission. It is similar to a trademark action with the person's likeness, rather than the trademark, being the subject of the protection. The appropriation category of invasion of privacy prevents others from using a person's name or identity for commercial gain. Ordinarily, the news media do not run afoul of this form of tort. However, seemingly harmless news coverage or advertisements can lead to lawsuits. This law came into existence from a couple of court decisions in the early 1900's where a private person's photograph was being used without consent for advertising purposes and without them receiving any monetary reward for using their pictures in print. The court recognized that the common law right to privacy including a person's identity had been violated by the unauthorized commercial use. In later cases, a person's voice was also included. Public figures, especially politicians do not have the same right to privacy as regards to appropriation of name, likeness or identity since there is much less expectation of privacy for public figures. Celebrities may sue for the appropriation of name, likeness or identity not on grounds of invasion of privacy, but rather on owning their own right to publicity and the monetary rewards (or damages) that come from using their likeness. False Light: As cited in Bussian , (2004) The Restatement (Second) of Torts Section 652E (1977) provides that: One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy, if the false light in which the other was placed would be highly offensive to a reasonable person, and the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed. Creating a false image for an individual may constitute an invasion of privacy. This is an aspect of invasion of privacy that deals with untruthful publication. In this instance, the offended person is placed in a false light through misleading descriptions, confusion of the person's identity with another, fictionalization of actual events, or photographs taken out of context. Its features are: It gives an individual unreasonable and highly objectionable publicity that attributes false characteristics, conduct or beliefs to him or her. The said material must be published to a third person or publicised to a large audience or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge. The invasion of privacy tort of false light is upheld in court when the plaintiff can prove that the defendant publicize the plaintiff in such as way that it would be highly offensive to a reasonable person. However, it is pertinent to note that this tort shares many similarities with libel and many courts have trouble separating the two. Public Disclosure of Embarrassing Private Facts: Public disclosure of embarrassing private facts becomes an invasion of privacy tort when the disclosure is so despicable that it becomes a matter of public concern and it outrages the public sense of decency. In this invasion of privacy tort, the information may be truthful and yet still be considered an invasion if it is not newsworthy, if the event took place in private and there was no consent to reveal the information. The Restatement (Second) of Torts Section 652D (1977) provides that: One who gives ublicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public. (ibid) The media can also be held accountable for damages for truthful publication. It is considered that the antisocial article or broadcast exposes to public view certain highly offensive matters that are not considered newsworthy. In order for an offended plaintiff to prevail, he must prove that the publication was: a) Extremely offensive to a reasonable person, b) And that the matters were not of legitimate concern to the public. The latter requirement may give the news media what might be called the newsworthiness defence. Though, the legal concern of the public in a matter is not presumed by the matter's publication. Thus, a plaintiff may prove that an article is lacking in newsworthiness despite its publication. Below is a good example: Case study: Publication of Embarrassing Private Facts Nollywood actress and 2005 Gulder Ultimate Search star, Anita Hogan, was reported to have lost a three-month-old pregnancy following the shock caused by the publication of her nude pictures in Daily Sun, an evening newspaper in 2006. Anita, according to her lawyer, was engaged to be married to a white man whose nude pictures were published along with hers in the Friday, August 11th edition of the newspaper. Police detectives in Lagos eventually arrested one Emeka Nwankwo, a computer engineer who allegedly circulated the shocking pictures to the media, after the actress rebuffed his alleged bid to blackmail and extort money from her over the lurid shots. The actress through her counsel explained that the computer where the controversial photos were saved developed a fault and had to be taken for repairs, from where they were allegedly stolen. The shots were said to have been taken by Anita’s fiance and stored on her personal computer. Emeka allegedly approached her to pay him N500, 000 or risk getting her pornographic pictures with the white man published in newspapers. The actress was said to have turned down the request, which she regarded as blackmail, and Emeka allegedly went ahead with his threat to circulate the pictures to media houses. A petition written by Anita’s lawyer, Mr Tony Dania of Dania and Associates, to the Deputy Commissioner of Police SCID, Lagos, actually admitted that the pictures in circulation were those of the actress but stressed that they were Anita’s private pictures with her fiance, stolen and doctored to suit the purpose of blackmail. The aforesaid publication is a criminal invasion of our client’s privacy. From the story the suspects published, it was obvious that there was blackmail and attempts to extort money from our client. They stole some of our clients’ pictures, used the computer to improvise and superimpose further images on them, called our clie nt and demanded for money. â€Å"The white man in the published pictures is a true resemblance of Anita’s fiance who works in a very decent organisation. In fact, they have done the pre-marriage formal introduction. Anita, who lost her dad recently, was actually carrying the baby of the white man, but the shock of the aforesaid inglorious publications made her to lose her pregnancy between Saturday/Sunday, August, 12, 13, 2006,† the petition alleged. CONSTITUTIONAL PROVISIONS Misappropriation: There are statutes that govern the right of publicity. These laws have two purposes: 1) To protect ordinary individuals from the mental anguish that may accompany the undesired commercial use of their name or image, and 2) To protect the property interest that celebrities develop in their identities. Under these laws the use of a relevant picture to illustrate a newsworthy article will generally not lead to liability. The unauthorized use of a celebrity’s picture in an advertisement often will. False Light: A photograph or videotape by itself will rarely place a subject in a false light. Rather, the accompanying text, caption, or voice-over could be misleading and portray the person in a false context. However, an accurate depiction of a person in a publication the person finds offensive does not, in itself, state a false light claim. Private Facts: The private facts tort presents unsettling scenario in which media practitioners may be iable for money damages for reporting the truth. In several cases the US Supreme Court has held that â€Å"where a newspaper publishes truthful information which it has lawfully obtained, punishment may lawfully be imposed, if at all, only when narrowly tailored to a state interest of the highest order. † Florida Star v. B. J. F. , 49 1 U. S. 524, 541 (1989) as cited in Bussian & Levine 2004. Although the Supreme Court has prevented states from punishing journalists who published legally obtained names of juvenile offenders and rape victims, the Court has not absolutely rejected the private facts tort in this context. Although crimes such as rape are newsworthy not all courts have agreed that the identity of a rape victim is newsworthy. Intrusion: Intrusion always comes into play through the process of gathering information. Here, the subsequent publication of the information is not required. Actions that may violate this privacy right include trespass onto private property, hidden surveillance, and the fraudulent entry into private areas. Conduct that invades privacy may also violate the criminal law. In general, courts have held that journalists must obey generally applicable laws. Trespass is the illegal entry onto private property. If the owner or person in charge of private property orders a photographer to leave, the photographer should leave or be prepared to face a trespass charge. Photographers who accompany police onto private property are not necessarily immune from liability. Camera operators should also be aware of federal and state laws that govern the taping of oral communications. The federal wiretap statute prohibits the interception of oral communications unless one party such as the journalist consents to the recording. And there have been instances where barring the taping of oral communications exist unless all parties consent to the taping. Privacy and the Internet: â€Å"The US Congress and its state legislatures across the nation have considered or are considering scores of bills aimed at reducing public concern about the ability of Internet users to protect their private lives as they surf the World Wide Web. † (Pember & Calvert, 2006). Despite the positive usage of the internet, the have been growing concern among users about the technology considering the ease with which third parties can collect data bout users and what the data collectors can do with the material they have gathered. However, the Nigerian Government have not woken from its slumber towards the direction of giving adequate protection to its citizens, properties and of course, rights. Defences available to Privacy Suits: Several defences are available to photographers and news organizations accused of invasion of privac y: Legitimate concern: defendant in a disclosure can challenge the plaintiff's proof of the basic elements of intrusion. For example, the defendant may be able to show that the facts that the defendant disclosed were matters of legitimate public concern. If a person is involved in a matter of legitimate public concern, a â€Å"newsworthy† event, the person becomes a public figure with respect to that event, regardless of the person's intentions or desires. If a person is a public official or public figure, his or her reasonable expectations of privacy are dramatically reduced. As a practical matter, a public official or public figure cannot successfully sue unless the invasion of privacy is outrageous or done with actual malice. Consent: it is a voluntary agreement to a publication or permission to enter a private place to gather information. It could be expressed or implied. Allis (2009) opines that a person who accepts money or other considerations in exchange for the invasion of privacy is said to have sold his or her â€Å"rights. † Though some defendants, such as prosecutors and government officials do have immunity if they are acting within the scope of their authority. Anything to be used in a commercial context, whether it is a photo taken in public or in private, must have consent, usually in the form of a model release. Consent must be obtained from someone who can validly give it. Consent to enter a home may not be consent to photograph it. Consent exceeded can be the same as no consent at all. Although oral consent may protect the press from liability for invasion of privacy, written consent is more likely to foreclose the possibility of a lawsuit. However, a subject’s subsequent withdrawal of consent does not bar the publication of the photograph. It simply means that the journalist may not assert consent as a defence if the subject later files suit. Cornwell (2008) sums it by saying â€Å"the more explicit the consent, the better the protection for the press. † Newsworthiness: Is generally defined as what the public is interested in. According to Wulfemeyer (2003), if a story that includes legally obtained private information that is embarrassing to the plaintiff but the subject matter is of public concern, it would be difficult for the plaintiff to win the law suit because courts give wide latitude to the newsworthiness defence. Photographs taken in public places generally are not actionable. Photographs of crimes, arrests and accidents usually are considered newsworthy and immune from privacy claims. Public places: if an event occurs in public view, they are almost always considered public and not private. Though public places defence have been considered not absolute. Public proceedings: Information obtained during public meetings, hearings or trials can be reported by a news organization. Public records: if information has been obtained from a document that is of a public record, it can not be deemed private. ETHICAL OBLIGATION Momoh (2004) opines that as a rule a journalist should respect the privacy of individuals and their families unless it affects public interest in the following ways: †¢ Information on the private life of an individual or his family should only be published if it impinges on public interest, †¢ Publishing of such information about an individual as mentioned above should be deemed justifiable only if it is directed at: 1. Exposing crime or serious misdemeanour; 2. Exposing anti – social conduct; 3. Protecting public health, morality and safety; 4. Preventing the public from being misled by some statement or action of the individual concerned. SUMMING UP The Right of Privacy is a good measure to check media practitioners on inappropriate media content so a news medium while carrying out its function must at all time be concerned with the welfare of its consumer. A media practitioner must ensure the accuracy of his or her information and must be ready to make corrections and clarifications when necessary after publishing or broadcasting untrue information. A media practitioner must at all time uphold the dignity of his or her profession comply with his or her professional codes and respect the human rights. A media expert must also recognise that gathering and reporting information may sometimes cause discomfort, so must seek ways to minimise the hurt. (Kayode, 2009). REFERENCES Allis. (2009). Invasion of Privacy—Appropriation. Retrieved September 19, 2009, from Lexis-Nexis database. Bussian & Levine. (2004). Invasion of Privacy: The Right â€Å"to be left alone† Retieved September 18, 2009, from Lexis-Nexis database. Cornwell, C. N. (2008). Freedom of the Press: Rights and liberties under the law. Retrieved September 18, 2009, from http://www. abc. clio. com Expectation of privacy (2002). Retrieved September 18, 2009, From http://www. wikipedia. com Folarin , B. (2005). Theories of Mass Communication: An Introductory Text. Abeokuta: Bakinfol Publication Invasion of Privacy (2003). Retrieved September 18, 2009, From http://www. winningnewsmedia. com/privacy Kayode, J. (2009). Ethics and professional practise [Record] . Lagos. Malemi, E. (2002). Mass Media Law: Cases and materials Lagos: Grace Publishing Incorporation Momoh, T . (2004). Nigerian Media Laws & Ethics Lagos : Efua Media Associates. Pember & Calvert. (2006). Mass Media Law Boston: McGraw Hill. Phtographers’ giude to Privacy (2003), Retrieved September 18, 2009, From http://www. rcfp. org Wulfemeyer, K. T. (2003). Radio & TV Newswriting: A workbook Retrieved September 19, 2009, from Lexis-Nexis database.