The Sacrifice Essay -- essays research papers

Parts of Killing in The Sacrifice      To execute doesn't just mean to take ones life, yet rather it additionally conveys the significance of closure a significant factor in ones life. Murdering likewise has a ton of different implications, however the principle factor of slaughtering prompts passing there are a lot more the creator Adele Wiseman shows the a wide range of angles to execute in the novel The Sacrifice, by managing a great deal of circumstances that would slaughter a people heart. (For example Loss of a friend or family member, and so forth.) The approaches to murder an individual depicted in the novel are expulsion from strict convictions, Racism to the two siblings, and the demise of Laiah. Two of these focuses manage passing itself, however different outcomes in the executing of the families convictions and method of living.      The family path compelled to surrender their strict convictions and convert to another confidence. This strongly affected how the family was to work, since they previously had rules, guidelines, and rules to follow that managed the religion they were with. At the point when they had to change, everything had to change with it, similar to what they ate, what they did, how they acted, and so forth. This assumed a major job in the executing of the family, since what it in the end did was separate the family with the goal that it was kind of useless. The family experienced seriously the adjustment in religion.      Racism, another significant factor in the novel, which lead to the air conditioner...

Gideon vs Wainwright Essay Example For Students

Gideon versus Wainwright Essay The composers framed this nation with one sole archive, the Constitution, whichthey composed with incredible intelligence and premonition. This abundant insight emerged from the unjusttreatment of King George to which the homesteaders were subject. Among these infringement ofthe homesteaders rights were unjust preliminaries that made a joke of equity. Accordingly, afair preliminary of the charged was a correct given to the residents alongside different values that theframers imparted in each other feature of this countrys government. These confirmations ofthe residents rights expressed in the bill of rights. In the Sixth Amendment, it is expressed that, In every criminal arraignment, theaccused will appreciate the rightto have the Assistance of Counsel for his safeguard. A firstreading of this expression one may be believe that this right, what gives a personaccused of a wrongdoing to have legal advisors for his resistance, is basic information being that it isamong the most fundamen tal rights given to the populace of general society. In any case, the simplemanner in which this correction is expressed makes a hazy area, and subject tointerpretation under various conditions. The authenticity of the option to mount a legaldefense is additionally darkened by the Fourteenth Amendment which expresses, No State shallmake or implement any law which will condense the benefits of residents of the UnitedStates. Thus, numerous inquiries start to emerge which look to decide the genuine rightof the blamed to the help for counsel. Should lawful guidance be given by thegovernment if the charged does not have the assets to amass an insight for his barrier? Or on the other hand, onthe other hand, does this alteration set the duty of gathering a defensivecounsel on the charged regardless of whether the person in question comes up short on the assets to do so?Also, do the states reserve the option to make their own enactment with respect to the rightof the penniless blamed to hav e counsel designated to them in the state preliminaries, or does theFourteenth Amendment forestall this? The Supreme Court was confronted with noting thesequestions on account of Gideon v. Wainwright. In June of 1961, Clarence Earl Gideon, a multi year old trivial cheat, wanderer, andgambler who had gone through quite a bit of his time on earth all through prison was captured in Panama CityFlorida. He was accused of breaking into a poolroom one night with an end goal to stealbeer, Coke, and coins from a cigarette machine (Goodman 62). From the beginning, Gideon demanded that he was honest. His preliminary started in aFlorida court in August of that year. Gideon educated the Judge that he was notprepared for the preliminary to start since he had not amassed a legitimate insight in hisdefense. He at that point mentioned that the court designate insight to speak to him (Goodman62). The Judge reacted with the accompanying articulation: Mr. Gideon, I am heartbroken, yet I can't select Co unsel to speak to you for this situation. Under the laws of the State of Florida, the main time the Court can choose Counsel to speak to a litigant is the point at which that individual is accused of a capital offense. I am heartbroken, yet I should deny your solicitation to delegate Counsel to protect you for this situation (372 U.S. 335)The preliminary proceeded, and Gideon coordinated his guard; however his endeavors were pointless as onecould anticipate from a typical man with no lawful training or experience. The juryconvicted him of the felonious charges and gave Gideon the most extreme multi year sentence(Goodman 62). At the hour of Gideons preliminary in the Florida court the privilege to lawful counselensured by the Sixth Amendment was just appropriate to government cases, and states had theright to deal with the matter of the arrangement of lawful advice to the safeguard in state casesat their prudence (Asch, 135). This training was an impact of the result of the UnitedSta tes Supreme Court instance of Betts v. Brady chose in 1942. For this situation, anunemployed ranch laborer in Maryland named Smith Betts was accused of robberyrequested that the court designate advice to his resistance. The adjudicator denied this solicitation onthe grounds that in that region it was not practice in that region for the court to appointcounsel to poor litigants just in capital cases. Like Gideon, Betts directed his owndefense and was indicted and condemned to eight years in jail. Betts sent an intrigue tothe Supreme Court, yet the Court controlled against Betts on the grounds that, the courts sentiment was inthe extraordinary greater part of states, it has been the viewed as judgment of the individuals, theirrepresentatives, and their courts that the arrangement of insight isn't a fundamentalright, basic to a reasonable preliminary (Goodman 64). With the point of reference set by the decision of Brady v. Betts, the refusal of theappointment of guidance by the prelimi nary court in the Gideon case was given with simply reason. Significance Of Reading EssayThis choice implied that Gideon got another preliminary. A preliminary where he had equitablerepresentation by a skilled legal advisor. In Gideons retrial, his court selected attorneyfulfilled his obligations with such greatness that Gideon was vindicated. This choice had numerous significant ramifications. First of all, each of the many otherprisoners who had been sentenced without advantage for safeguard counsel won their releaseFlorida correctional facilities, just as the prisons of different states (Goodman 66). This might be disconcertingbecause a portion of these detainees may have been blameworthy of their wrongdoings or solidified byprison, and these detainees are as a rule calmly discharged into society. The State of Floridashould have retried these detainees as opposed to discharging them. In any case, the retrialprocess raises another inquiry If a detainee had a preliminary yet was denied lawful counsel,does it damage the area of the Fifth Amen dment, which expresses that, Nor will anyperson be subject for a similar offense to be twice placed in peril of life or appendage. TheFifth Amendment ensures the privilege of an individual who is cleared to not be attempted againfor a similar wrongdoing. Since the examiner can't claim like a convict can, or attempt theseprisoners again in another impartial and genuine preliminary, does it imply that these freedprisoners won't be retried?That isn't all the choice achieved, nonetheless. The most importantimplication set post in this preliminary is the additional verification of the authenticity of the strength ofthe national government over the states. The intensity of the Federal government has grownsince the Civil War, where authenticity of the national government was firmlyestablished. The southern states felt that the genuine force was put resources into the state, and thattheir severance was advocated. After the destruction of these secessionist expresses, the legitimacyof the Fe deral government was built up, and has developed since that time. The marker ofthis is the Fourteenth Amendment which forbids the states from instituting and enforcingany law which compresses the privileges of the residents set out by the Bill of Rights. Thistheme fits the Gideon case in light of the fact that the decision implied that the states must give the SixthAmendment assurance to the litigant who is blamed for damaging a state law. Thismeans that the express no longer has the intensity of tact in the execution of its ownlaws. Nonetheless, for this situation, the strength of the government is all fundamental andproper so as to make solidarity in the guarantee that the privileges of the residents set out by theconstitution are not encroached by the state. Works CitedGoodman, Elaine and Walter. The Rights of the People. Toronto: Doubleday, 1971. Asch, Sindey H. Social equality and Responsibilites under the Constitution. New York:Arco Publishing Company, 1968. Gideon v. Wainwright, 372 U.S. 335 (1963). Wilson, James, and John J. DiIulio, Jr. American Government, organizations and Policies. Lexington, Massachusetts: D.C. Heath and Company, 1995. Equity Under Law: the Gideon Case. Videocassette. Reference book Britanica EducationalCorporation, 1967. Barker, Lucius, and Twiley Barker, Jr. Common Liberties and the Constitution. New Jersey:Prentince Hall, 1990.

Perfect weekend

Perfect weekend Oh, its been such a good weekend. Friday I went into the lab for a short day which included transfecting some rat hippocampal neurons in culture, developing four Western blots, and preparing some plates for splitting cells over the weekend. (NOTE: As I was writing that sentence, I said, [Totally inappropriate four-letter word]! I have to go into lab today! Good thing I started writing this entry, because I would be up the proverbial creek without the proverbial paddle tomorrow if I didnt split my cells today.) I ate lunch at ABP, which is a special treat for me because its a bit of a walk from the lab and because its kind of expensive for lunch. Its on TechCash, but since Ive graduated, theres no more reservoir of parental TechCash money, and I actually have to pay for all my meals myself. It kind of sucks. But anyway, it was a nice sunny day, and I ate my soup and sandwich outside in Kendall Square while reading a book. After leaving work, I walked home along Vassar Street listening to Summer in the City on my iPod. There is basically nothing better than walking home in the summer heat listening to that song, unless you happen to be wearing a sundress and flip-flops, which I wasnt. I got home and started getting together my sources and protocols to begin writing the first draft of the paper on my project. Adam got home around 5, and we picked up our friend Mark 07 for dinner and a movie. After the movie (where I saw Bryan!), we came home and watched House and ate chocolate-covered blueberries. Saturday We got up around 9 and picked up Mark 07 and Stephanie 08 for a trip to Water Wizz, a water park on Cape Cod that Adam used to go to when he was little. We drove down to the Cape with the radio on and the windows down, and I got to sing a bunch of awesome songs along with the radio. Sidenote: I love Cape Cod because it is slightly cheesy and touristy, but still really cute. Adam says (with typical South Shore resident disdain) that most of the Cape looks like it was constructed in the 1950s, and I dont disagree. There are seafood restaurants and mini-golf places everywhere. I love it. It was a pristine summer day, hot and breezy, and there was hardly anybody at the water park. We went on all the water slides, lazed in the lazy river, splashed around in the wave pool, and went mini-golfing. (Yes, this is a combination water park-mini golf place. Best idea ever.) I even managed to not get sunburned, which is really kind of a feat when one is as sheet-white as I am and when one is trying not to get skin cancer. I got to prance around in my new polka-dotted bikini, too. We left the park around 4 PM, and stopped a mile down the road for Cool Dogs, my absolute favorite summer treat. You can buy them at the grocery store, or order them on Campusfood.com from Beantown Dogs, but I prefer to eat them only in the summer at this one particular mini-golf place that Adam and I always go to on the Cape. So lets make a list of Things that Remind Mollie of Summer in Boston: 1. The smell of SPF 50 sunscreen 2. A Cool Dog piled high with whipped cream and hot fudge 3. Summer in the City by The Lovin Spoonful 4. Sundresses and flip-flops 5. Eating frozen blueberries and whipped cream after dinner After eating our delicious Cool Dogs, Adam and I took Mark and Steph on a tour of Plymouth (Americas Hometown). Adam showed off his high school and elementary school, and we drove through downtown to see Plymouth Rock and the Mayflower. Adam and I have been together long enough now that I know all his stories, so I was the tour guide. ;) We went to Adams house, and his parents took all of us to dinner. Plymouth Rock, in the flesh. Isnt it nice that it says 1620 on it? How thoughtful of the Pilgrims. Mark 07, Stephanie 08, and Adam 07 outside the shrine which houses the rock. And yes, the one with the thumbs up? Im marrying that one. Voluntarily. Adam and me with the Mayflower reproduction ship in the background. Sunday This morning, Adam went flying remote controlled airplanes with his dad and Col. Pete Young, whos a senior lecturer in the Aero/Astro department. So while the boys were out having a good time, I slept in until 11, ate a leisurely lunch, and went into the city to shop a little. It was really hot in Boston today (the heat index was about 96F), so I was glad that all the stores I stopped in had air conditioning. I picked up a cute pair of khaki capri pants and a cropped yellow sweater at HM and checked out the shoe selection at Macys. (I also found the church I want to get married in, but Im pretending that wasnt the actual point of my outing, so play along.) After I came home, Adam and I went to the grocery store and bought our groceries for the week. Were having steak tomorrow! I headed into lab for about half an hour to split my cells (thanks to this entry); Adam cleaned the apartment and I cooked dinner. And now its almost time for The 4400! Questions! 1. Evan B. asked Sodo you know if youre going to get to keep your blog next year? I think it would be great to get the graduate perspectiveplus all the bloggers are awesome, and Id hate to see them go. Well, this blog will still exist as an archive, just with no new postings. :) At any rate, Im sure my graduate school life will go something like this: Wake up. Go to lab. Come home. Go to bed. 2. zel asked, Hmmm so way back in the day when I was doing my college visits, I was at [reputable state school] where the general admissions people touted the schools new undergraduate research program. When I asked one of the engineering professors about the program, he said something to the effect (although much more nicely put) that undergrads dont know jack, so its pretty pointless to try to get them working in labs. This made sense to me, and I kind of took it for granted until I heard about MITs 80% UROP rate. Now Im really interested in doing research, and as youve mentioned, its very important for grad school. I think that was very snotty of him to say, particularly since undergrads are really just grad students with less experience. (And point in fact, undergrads can even be better researchers than grad students Adam had a grad student working for him at Draper, because Adam knew how to design things well and the grad student didnt!) I will note too that undergrads at MIT are given quite a bit of freedom and respect in their undergraduate research. Professors at MIT know that undergrads can produce absolutely outstanding work, given some instruction and training, and theyre generally very eager to work with us. Is there any way to get UROP experience without experience? If I wanted to say, do some research in physics, are there entry level positions for me to start out in? Would the professors and senior researchers actually bother to teach me procedures? (I assume theyre quite busy.) Most definitely to all of the above. When I interviewed for my UROP, I was coming in with very little experience (just a 10-week internship at the NIH), and Morgan was very well aware that my postdoc was going to have to teach me a lot of protocols. The one thing he did ask was that I only take the job if I was serious about sticking around the lab for a year or more, because it does take a long time to train a new UROP, and he wanted to make sure all that training time wasnt wasted. Professors and senior researchers are very busy, but they were all undergrads once, so they have a pretty strong commitment to training the next generation. When you apply for a UROP, you will generally tell them what sort of experience you do or dont have, but not having experience isnt a particularly terrible liability as long as you indicate that youre willing and excited to learn new things. 3. Hannah asked, Im curious, how does one become an admissions blogger? Well, for me personally, Ben noticed that I posted quite a bit on CC, and that I generally like to answer questions and explain things. He did some sort of administrative magic to look up my real name, and he offered me the job. New blogger(s) for next year will need to have a proven track record of regularly musing in cyberspace in an amusing fashion. Ben says: There is no formal application process, but please note that we only hire experienced bloggers, and therefore your current blog (i.e. your portfolio) is the major factor in whether or not we choose you. The quality and frequency of your content (and how long youve been keeping your blog) will all affect your chances of being chosen. 4. Anna asked, how do you feel about working with animals in labs. even though youve only run them through mazes, which is pretty harmless, but how would you feel if youre doing cancer research and have to inject harmful substances into them? Well, Ive had to dissect rodents for hippocampal neuron cultures before, and I dont like it. MITs Division of Comparative Medicine is in charge of animal protocols, and they make sure all the researchers at MIT are treating their experimental animals with care and respect, so I certainly dont feel that Ive ever done anything unethical. (After all, an unhappy animal is never a good experimental subject, so its really in my/any researchers best interest to keep our animals happy.) I prefer to avoid doing things that make me sick to my stomach hence the reason Im not going to medical school but when I have to do those sorts of things, I can, as long as I talk myself into it. 5. Larisa asked, Also, could you give me a link or something to your cell article? My bio teacher loves cell and always clips out articles from it for the class. Oh man, that situation is a story and a half. So when you send a paper off to a journal, they will often return it with questions that you have to answer to the reviewers satisfaction before the paper will be accepted. Our paper came back with a few questions about our electrophysiology experiments; unfortunately, the collaborator who did our electrophysiology had just moved to England. So my postdoc had to train a new electrophysiology person from scratch, which, as you might imagine, has taken a really long time. So the long and short of it is that the papers not officially submitted yet. 6. Helen asked, Can the courses taken to fulfill Hass-D requirements also fulfill Hass Concentration? Yes, but only one class for the concentration can be HASS-D. Mostly this is not a problem (there arent too many concentrations that would contain more than one HASS-D anyway, and certainly not more than one HASS-D in different categories). Foreign languages are probably the major exception, because you can take multiple foreign language classes as HASS-Ds. If you concentrate in a language, you can only count one of your upper-level language classes as both HASS-D and concentration. (Did that make any sense?) Whats the difference between a minor and double majors? Mollie, suppose you take a minor in course 9, can you dance with two diplomas when graduating? If not, how will it be? And can a take double majors and a minor? A second major will take more classes than a minor. For example, the minor program in biology only requires five classes, while a major in biology requires ten. A student who double-majors is also required to take 270 units outside the GIRs, while a student who does a major and a minor is still only required to take 180 units outside the GIRs. If you get a major and a minor, I know you dont get two diplomas, although you do get some sort of notation on your diploma that you completed a minor. The most any student can officially have is two majors and two minors. (My friend Swapna 05 graduated with degrees in Chemical Engineering and Biology and minors in Biomedical Engineering and Comparative Media Studies. She is, in fact, a beast.)

The Merchant of Venice by William Shakespeare Essay example

The Merchant of Venice by William Shakespeare The Merchant of Venice is a play full of different relationships ranging from love and friendships to hate. These relationships are affected by gossips and rumours, which due to the close community are flying around all the time. Money is involved in everything in the play; it is at the centre of work, relationships and rumours. It also holds together and makes the main tension of the play. There are many relationships in The Merchant of Venice. The most common one is friendship. The friendships cross sex, age, race, and class boundaries. And range from very strong ones such as between Antonio and Bassanio to mere acquantancies such as the one between†¦show more content†¦Ha ha, heard in Genoa? Here Shylock shows his appreciation for Tubals more comforting words. This shows that they also have a close friendship and value each other highly. There are many less close, or less significant friendships I havent mentioned, but they still give the play life, so cant be dismissed. As well as friendships, there is of course the most obvious relationship, which is the deep-rooted hate that Antonio and Shylock have for each other. It is clear throughout the play, and it is important that we see the reasons they are enemies. Firstly Antonio lends money without interest, because he makes his money other ways, but Shylock makes most of his money though money lending with interest. So Shylock loses most of his customers to Antonio and therefore his profit. We know this annoys him when he says, I hate himà ¢Ã¢â€š ¬Ã‚ ¦ for that he lends out money gratis and brings down the rate of usance here with us in Venice. Shylock says that Antonio looks down on him and insults and spits at him. Finally, and this is the root cause, Antonio hates Shylock because he is a Jew and Shylock hates Antonio for his Christianity. Sadly because of their upbringing, both men think that they are in the dominant religion. They are narrow minded about their beliefs and this brings about the conflicts. They were the most obvious set of enemies in theShow MoreRelatedThe Merchant Of Venice By William Shakespeare1445 Words   |  6 PagesTalia Warshawsky Ms. Rembert CGI English 11 HH 12 November 2014 Crashing Thru Venice William Shakespeare, possibly the most esteemed writer of all time, wrote a play titled The Merchant of Venice, near the end of the 1500 s. The play takes place in Venice, and while it can be described as what we now call a romantic comedy, it also draws attention to the harsh divides in the Venetian society brought on by conflicting beliefs and religions. Centuries later, in the early 2000 s, Paul Haggis wroteRead MoreMerchant of Venice by William Shakespeare830 Words   |  4 PagesWilliam Shakespeare’s Merchant of Venice is a story about man seeking justice for the forfeiture of his bond. Shylock the Jew created a bond loaning three thousand ducats to his rival Antonio. In the event that the loan could not be paid back, Shylock was entitled to a â€Å"pound of flesh from the breast† of Antonio. Antonio’s invested the money in his merchant ships hoping to gain profit. Unfortunately he loses his ships at sea, losing everything Shylock had loaned him. Shylock h appily takes AntonioRead MoreThe Merchant Of Venice By William Shakespeare1102 Words   |  5 Pagespassed, but even today, women are being treated unfairly in certain situations. However, in The Merchant of Venice, William Shakespeare challenges the concept of women being unequal to men. He conveys this message through the actions of Jessica, Portia, and Nerissa. The female characters empower themselves, accomplishing various tasks in order to gain control over the men in their lives. The Merchant of Venice is a highly effective feminist play, which is demonstrated through the assertive and cleverRead More`` The Merchant Of Venice `` By William Shakespeare1147 Words   |  5 Pagesjeopardy. It is an inescapable labyrinth that plagues the lives of all ever since humanity’s first existence. Yet it,s double-edged sword like characteristics of also providing opportunities and gains keeps many enthralled in it. In William Shakespeare s’ The Merchant of Venice, Antonio, a protagonist, gives himself over to a life-threatening contract with the villain, Shylock the Jew, in order to provide the means for one of Antonio’s friend the opportunity to woo a lady. Over the course of the playRead MoreThe Merchant Of Venice By William Shakespeare1036 Words   |  5 Pagesauthentic and respectable character. The Merchant of Venice by renowned playwright William Shakespeare is in itself a story about religion and religious tensions; however, one’s religion is not what defines them. One’s character does, and in the Merchant of Venice we encounter two characters, Antonio and Shylock, who share similarities throughout the play, but are overall different people with different morals. On one hand there is Antonio, a sad, christian merchant and a dear friend, while on the otherRead MoreThe Merchant Of Venice By William Shakespeare1153 Words   |  5 Pagesprogressed as time has passed, but even today, women are treated unfairly. However, in The Merchant of Venice, William Shakespeare challenges the concept of women being unequal to men. He conveys this message through the actions of Jessica, Portia, and Nerissa. The female characters empower themselves, accomplishing various tasks in order to gain control over the men in their lives. The Merchant of Venice is a highly effective feminist play, which is demonstrated through the assertive and cleverRead MoreThe Merchant Of Venice By William Shakespeare1685 Words   |  7 Pages  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The play The Merchant of Venice  by William Shakespeare is anti-semetic because anti semetic thoughts and actions are incorporated in a majority of his charcters. The actions of these Christian charcters go against Shylock, and other Jews presented in the play; as a result, establishing a clear seperation between the two ethnic groups. The constant hatred and mistreatment towards Shylock only enhances the division since it develops the idea that Christianity is the sup erior religion. AlthoughRead MoreThe Merchant Of Venice By William Shakespeare2046 Words   |  9 PagesEssay Abbesath.K Throughout the education system, there seems to be an unofficial consensus that pieces of literature that are deemed â€Å"controversial† should not be taught in school. The Merchant of Venice falls into this category due to the Anti-Semitism which exists within the play making it â€Å"controversial† therefore, banned. On the contrary, this play should not be considered controversial and it should not be banned due to the learning experiences and knowledge that can be gained by readingRead MoreThe Merchant of Venice by William Shakespeare2080 Words   |  9 PagesThe Merchant of Venice by William Shakespeare The play revolves around one main plot and three sub-plots. The main plot centres on the question of mercy and forgiveness as seen in the relationship between Antonio, the kind Christian, and Shylock, the unrelenting Jew. The three subplots revolve around the romances of Portia and Bassanio (the most important couple in the play), of Lorenzo and Jessica, and of Gratiano and Nerissa (the least important couple of the play)Read MoreThe Merchant Of Venice By William Shakespeare Essay2233 Words   |  9 Pagesâ€Å"The Merchant of Venice† by William Shakespeare, explains the differences of religion and greed. There was a guy who needed a loan so he could go across the country to marry the girl of his dreams. He didn t have the money so he asked a Jew name Shylock. Shylock lends the guy money but he told him â€Å"If you don’t pay me back, I get to take a pound of your flesh† (pg. 143). We all know if someone needs money and you have it you would give it to them and you’ll have power over that person. Therefore

What is poverty by Jo Goodwin Parker - 1694 Words

What is Poverty? – Jo Goodwin Parker First impressions: One thing that the reader notices is that Goodwin dives into the subject immediately and questions the reader â€Å"you ask me what is poverty?† in a rhetorical manner as if to describe the absurdity of the question itself. Whether or not the writer is the character portrayed in the essay or that she has adopted a persona is unknown since the author writer has not disclosed much about this work or herself. In any case, we know that the person writing this essay with a narrative style has seen and perhaps experienced poverty even from a disturbingly close proximity. In the first paragraph, Goodwin advises the readers to â€Å"listen without pity† and see everything as if from a distance but the†¦show more content†¦Although this essay has no political undertones, this may be a remark on growing capitalism during the 70’s, when the rich became richer and the poor poorer. Another sad reality the writer shows in the essay is that for the poor there is no season of rest and relaxation. They always have to be up and about, facing life with all its struggles and hardships. In winters and summers both, they have one or the other kind of worry. â€Å"Poverty is hoping it never rains†, â€Å"poverty is cooking without food and cleaning without soap†, â€Å"poverty means insects in your food..† all in all Goodwin shows the readers so many faces of poverty that the reader is left empathizing with her, and comparing their own life to hers, which is the true essence of this work. Not many works have this kind of ability to make a person think, wonder, and evoke the kind of emotions that this essay has been able to do. Poverty does not end at being poor, ill or starving. It goes all the way to shame and humiliation. The worst kind of humiliation comes when asking somebody for help. Like in the case of granny, others also find their way out of helping you because of utter indifference. â€Å"And after spilling the whole shame of your poverty all over the desk between you, you find that this isn’t the right office after all-â€Å". What Goodwin is suggesting here is that for the poor their true companions are the troubles andShow MoreRelatedAnalysis Of What Is Poverty By Jo Goodwin Parker736 Words   |  3 Pagesdreads of poverty, so naturally we are not educated on what the terrors are. Jo Goodwin Parker informs readers in her short story â€Å"What is Poverty† about what life is like for those who live a harder life than most. She gives people an inside look on what it’s like to have almost nothing. The story is not told so the reader can pity the poor, it is told so we real ize that as big as our problems might seem many people face harder and the message the story is trying to send. Jo Goodwin Parker sends manyRead MoreWhat Is Poverty? By Jo Goodwin Parker And The Poverty Of Equality1001 Words   |  5 PagesPoverty has been a controversial issue in the United States. It has taken lives and has built obstacles for many Americans today. Poverty is a physical and mental handicap to many Americans who are not able to get past this barrier. However, some may argue poverty is just an excuse for those who decide not to put effort. Not to mention, two articles will share their story about the issue of poverty. â€Å"What is poverty?† By Jo Goodwin Parker and â€Å"The Poverty of Equality† by Stephen Moore and Peter FerraraRead MoreEssay on Jo Goodwin Parker. What Is Poverty?1018 Words   |  5 Pages090 December 6, 2010 What is Poverty? Jo Goodwin Parker’s essay, â€Å"What is Poverty?† is about Parker who has personally experienced rural poverty. She explains her story from childhood to adulthood. Parker’s struggles are overwhelming; look at any sentence, the evidence of her daily struggle is there. From her underwear to living arrangements, and everything in between, Parker resides in poverty. In her essay, she says to listen to the story of what poverty is. Then she talks about the differentRead MorePoverty Essay948 Words   |  4 PagesAccounts, Experiences and Scenarios in Poverty Stories and factual experiences provide insight to readers that explicate the reality of any situation. The solutions to poverty become more attainable when accounts from others’ experiences are brought into consideration. In Jo Goodwin Parkers’ â€Å"What is Poverty?,† Lars Eighners’ â€Å"On Dumpster Diving,† Peter Singers’ â€Å"The Singer Solution to World Poverty† and Barbara Ehrenreichs’ â€Å"A Step Back to the Workhouse, † each author expands on personal experiencesRead More Americas Downward Spiral Essay632 Words   |  3 PagesAmericas Downward Spiral In recent years, the economy in the United States has been in what most would see as a recession. American people differ in the way they react to a recession. Some, such as Michael Moore, feel it becomes a downward spiral as big business and it’s stockholders gain more money and power, and it’s workers gain less money and stability. With a loss of stability for the American worker there is a fear of losing their health benefits, social security, pension plan, andRead MoreEssay on Let’s Put an End to Corporate Power and Greed666 Words   |  3 Pagescarrying away with them the primary sources of living of many people. As we saw in Roger and Me, General Motors replaced it’s Flint plant to open new ones in Mexico, laying off 30,000 workers in the process. Flint quickly turned into a ghost town with poverty taking its toll on the common people. The rich got richer, while the poor became poorer. By this time the conditions had become so bad that the Money Magazine described Flint as the worst American city to live in. John Grisham (My Turn: SomewhereRead MorePoverty Is Not For A Decent Job938 Words   |  4 PagesAt this moment in my life I would not consider myself poor but, according to Jo Goodwin Parker’s definition of poverty I am. Parker defines poverty as not having enough money for necessities, none for luxuries or pleasure, is a single parent, has very little education, and has little or no access to healthcare. I am still in school so obviously I do not have the proper education to get a decent job. With the part time job that I do have I don’t make enough money to have that many luxuries. If itRead MoreDo You Want Lies With That?1039 Words   |  5 Pages â€Å"Do You Want Lies With That? Summary In his article â€Å"Do You Want Lies With That? by Morgan Spurlock, the author is telling his audience about consumerism and over consumption with Americans as a hole. He begins by informing the reader about what we should and should not be put in mouths and is why we get warning labels now. He continues the article talking about how many people smoke and why so many do not smoke now. Huge lawsuits from the nineties forced changes in the way people viewed tobaccoRead MoreEssay on What is Poverty?1079 Words   |  5 Pages What do you consider poverty to be? Do you have a definitive explanation of it or do you consider it an abstract circumstance? In the article What is Poverty?, Jo Goodwin Parker gives her ideas on what poverty is. First given as a speech, this article is written as an attack on human emotion. Her use of connotative language creates many harsh images of her experiences in a life of poverty. By using these images, Parker is capable of causing the reader to feel many emotions and forcesRead MoreExamples Of Poverty Essay943 Words   |  4 PagesThe Shame in Poverty Accounts The solutions to poverty are plentiful when accounts from others’ experiences are brought into consideration. Stories and experiences provide insight to readers that explicate the reality of any situation. In â€Å"What is Poverty† â€Å"On Dumpster Diving† â€Å"Lifeboat Ethics† and â€Å"The Singer Solution,† each article expands on personal experiences and situations to open the reader to various viewpoints on how poverty is perceived by society, as well as how it is perceived by those

Long-Term Debt Gaap V Ifrs Free Essays

Long-Term Debt U. S. GAAP vs. We will write a custom essay sample on Long-Term Debt Gaap V Ifrs or any similar topic only for you Order Now IFRS Scott Bailey Acc 311 Debruine Every company in the world must raise funds in order to finance its operations and expansion. The most common form of this funding is through the use of long-term debt. Depending on where the company does business and who uses their financial statements, there are different ways of recording this debt through the use of United States Generally Accepted Accounting Principles (U. S. GAAP) and International Financial Reporting Standards (IFRS). The main differences between the two accounting standards, with regards to long-term debt recognition, deal with debt issue costs and convertible bonds. Debt issue costs are the payments associated with issuing debt, such as various fees and commissions to third parties. According to U. S. GAAP these payments generate future benefits that under ASC 835-30-45-3 are recorded on the balance sheet as deferred charges. These charges are capitalized, reflected in the balance sheet as an asset, and amortized over the life of the debt instrument. Early debt repayment results in expensing these costs. Under IFRS costs are deducted from the carrying value of the financial liability and are not recorded as separate assets. Rather, they are accounted for as a debt discount and amortized using the effective interest method. (IAS 39, par 43) The debate between which set of standards correctly portrays the financial implications of these costs is centered on the idea of matching expenses and revenue. Those for U. S. GAAP argue that the deferred costs create an asset to which we can then match the revenue with the expenses over the useful life of the debt. This is in compliance with the matching principle of the conceptual framework for financial accounting. Under IFRS the costs are said to be immaterial and do not require consideration of the matching principle. This brings up possible issues of managed earnings based on when companies are issuing debt and when they are recognizing the issue costs. A convertible bond is a type of bond that the holder can convert into shares of common stock in the issuing company or cash of equal value, at an agreed-upon price. The difference between US and international standards arises when determining how to measure and account for convertible feature of the bond. Under U. S. GAAP, ASC-420-20-25-6 states: A contingent beneficial conversion feature shall be measured using the commitment date stock price but shall not be recognized in earnings until the contingency is resolved. This basically says that the convertible feature of the bond is not recognized until it is actually resolved. Under IFRS they refer to the convertible part of the bond (equity element) as an embedded derivative which must be accounted for separately from the liability element of the bond. (IAS 39, par 11) These embedded derivatives are treated the same as stand-alone derivatives in that they are measured at fair value with all changes in fair value recognized in profit or loss. (IAS 39, par 46) This process of recording causes a company to be less stable and more reactive to changes in the market. This is not necessarily a bad thing because it accurately portrays the value of the future benefits of the bonds. Accounting for convertible bonds and debt issue costs is likely to change in the future. The US and international standard boards are constantly working on a convergence in order to have a single set of accounting standards for every business. The issues with long-term debt are only a few of many differences that need to be resolved between IFRS and U. S. GAAP. They have been working on the idea of a convergence for many years and personally I do not believe there will be any type of convergence in the near future. With that being said it is important that we know the differences in reporting between IFRS and U. S. GAAP and are able to recognize the financial implications of these differences. Works Consulted Financial Accounting Foundation. (n. d. ). Financial Accounting Standards Board. In FASB Accounting Codification Standards. Retrieved October 11, 2012, from http://www. fasb. org/home IFRS Foundation. (n. d. ). International Financial Reporting Standards. In eIFRS . Retrieved October 11, 2012, from http://eifrs. ifrs. org/IB/Register How to cite Long-Term Debt Gaap V Ifrs, Essay examples

Open Source Software In University Education †Free Samples

Questions: 1.What important ideas and approaches does the teaching of open-source software expose to students, and how are these likely to be employed in a student's future computing-focused career? 2.Do you believe that universities have a moral obligation to promote the use of open-source software within the computing industry? Answers: In contrast to proprietary software development models, are open source software models. Tan, (2008), points out that proprietary software companies do not make available the source codes programs for their software while those for open source software make available the source code programs. Open source software has become more available and more used in the last decade. Universities around the world utilize open source software in their various aspects of training. It should be noted that the free software reference does not depict that a software can be obtained without monetary cost but the freedom in which software can be obtained without any struggles whatsoever. For universities, this means that an open source software can be downloaded and installed in any amount of computers they desire. If any changes are required to fit the model of teaching, a university is allowed to do so. As much as the utilization of open source software for teaching is viewed as easy, it has great im plications on the future careers of students who take information technology related courses. This is because the real world out there does not consider open source software as consequential to the operation as proprietary software. Vargas Martin, (2011), reiterates that proprietary software is usually of very high quality. The viable reason why universities teaching computer courses do not make use of the proprietary software in teaching is that academic institutions are usually constrained in their use of proprietary software. As much as the license agreements are clear, most universities find themselves on violation of the user license agreement and face litigation. Use of proprietary software in universities require a high level of administrative accountability which may be a problem. This paper focuses on the utilization of open source software for teaching computer courses in universities and its effect on careers for students. 1. It is clear that open source software usually offers significant benefits as compared to proprietary software when it comes to teaching. Proprietary software is consequential in the business field so as to give an organization a competitive advantage in a market. The teaching of open source software to students provides them with an opportunity to have awareness. One of the important goals of the graduate course is to introduce students to a research area. Using open source technologies is one advantage of introducing information technology students on the fact that the many technologies that exist hence increasing their awareness in the field of computer technology. According to Management Association, Information Resources, (2014), open source software makes students to be more conversant with all types of technologies thus making them have explicit knowledge in the field of computing. Students are exposed to more knowledge in computing by experimenting on different software whi ch is easily accessible and have the allowance of alterations. As much as students are usually seen studying the backgrounds of many subjects, it is imperative that they should have background knowledge of open source software which is used in the operation of billions of electronic devices. In a business context where a student career is eminent, the awareness of the many functions and existence of software makes the student have the flexibility and freedom in operating proprietary software (Koch, andNeumann, 2008). A lot of commercial software usually claim that they have flexibility as in inbuilt feature, some of which are undoubtedly true. Flexibility in this context is the ability of software to be in tandem with business change, and solutions should not be constrained by the use of the software. To obtained flexibility at this architectural level, a student who has spent college years learning computer technology using open source software will have the upper hand in ensuring that even a proprietary software conforms to the ideals and the wishes of a company. Open source software is consequential to many students across the globe. Students in university undertaking computer technology courses can reiterate that a significant amount of time is needed for one to practice so as to be able to be a professional. This training requires them to have a wide range of software in place. However, students cannot afford to purchase commercial software hence open source software is the only tool for practice (Kong, 2014). If their respective universities use proprietary software, then it will not be possible for the students to have the software installed in their machines and conduct practice at their own free time. Experimentation platforms such as the Raspberry Pi has helped many students to enhance their skills in computer technology. As per Browning, (2010), it is no secret that open source software are assisting many university students in enhancing their learning and helping them explore areas they have never done before. With this level of pra ctice, students are becoming better hence become more competent when they graduate from universities. In the business world, a software is a tool needed for any job hence a necessary evil (Weber, 2004). Unless there are changes needed or a new software comes up, then there is no reason whatsoever to alter the available software. However, in the bid to make more money, software vendors usually employ some tactics such alleged improvements in the existing software to have the users upgrade. A professional who has spent ones college years practicing with open source software will have the necessary knowledge in determining whether the changes in upgrades are authentic or not. However, in the real world in computing career business are completely aware that there is no technology that is static hence software upgrades are necessary so as to be in tandem with the current technology (Whelan, and Firth, 2012). For this reason, those individuals who are conversant with open sources software usually need to help business use open source software which is affordable. 2. Free software has become the foundation of learning because students can be able to share knowledge and build upon the existing knowledge (Persico et al., 2014). In this regard, universities are more than ethical to use open source software in teaching. It may be argued that university does not promote ethical qualifications that computing students should possess. At present, many people who are not in the education sector, are using proprietary software which denies users the freedom and benefits (Reynolds, 2014). This means that one tries to copy the program to another computer, one will be found to be in violation and arrested and jailed. One cannot make a copy of a proprietary program to go and see how it works (Kelly, 2008). When universities apply the use of such commercial program, the intended purpose of teaching students will be lost. This is because students will not be able to have the knowledge in figuring out how a program works and developing the necessary skills in being able to develop own software or being able to make any corrections to a software. The developers of proprietary software usually spy on the users of the software and ensure that they restrict the users from sharing any information or idea that regards a software. Since computers contain extremely confidential information of peoples lives, proprietary software depicts a danger to the privacy of this free society. In the light of the above knowledge, regardless of what the critics think, it is evident that universities have the moral obligation to use open source software in their teaching. The staggering high cost of integrating proprietary software in the teaching of university students is not a secret (Tiako, 2009). The funding of bringing proprietary software into universities for teaching computer students can either come from a universitys budget or special sources such as government incentives. To have a quality learning experience, students can be required to expense on the proprietary software by fee increment. This means that the parents and the guardians of such students will be coerced to dig deep into their pocket to cater for the unprecedented fee increment. In such a situation, many students will tend to halt their education due to some of their parents or guardian will be unable to cater for such additional expenses. In this regard, it is a moral obligation for universities to use open source software so as to create an opportunity for students to learn. Use of commercial software damages social cohesion. Case in point, suppose a student finds a program that will be useful to contribute to enhancing learning for other students. It is clear that a wise student would ensure that one shares the software since it is the moral thing to do so that ones colleagues can also benefit. The fact that commercial software only permits one to use a program alone is divisive and detrimental to the relation and interaction of students. Also, students who cannot afford a commercial software will end up to be less knowledgeable than those who have access to commercial software. As much as a university may receive criticism from the computing industry, utilization of open source software enhances integration among students hence a moral obligation. In conclusion, universities have been under a lot of pressure to ensure that they integrate proprietary software to teach their technology students. However, the unavoidable part is to ensure that universities have the software that will enable the students to learn and practice effectively. The movements for open source software has recently reached a visible status. Despite the fact that comments in the use of open source software in a teaching of universities students are derogatory, it is a plain fact that open source software gives students an opportunity to expand on their skills and become better at computer technology. References Association, Information Resources, M. (2014).Open Source Technology: Concepts, Methodologies, Tools, and Applications: Concepts, Methodologies, Tools, and Applications. 1st ed. IGI Global, p.609. Browning, J. (2010).Open-source solutions in education. 1st ed. Santa Rosa, CA: Informing Science Press, p.112. Kelly, G. 2008, "A collaborative process for evaluating new educational technologies",Campus - Wide Information Systems,vol. 25, no. 2, pp. 105-113. Koch, S. Neumann, C. 2008, "Exploring the Effects of Process Characteristics on Product Quality in Open Source Software Development",Journal of Database Management,vol. 19, no. 2, pp. 31-57. Kong, A. (2014). International Conference on Management and Engineering (CME 2014). 1st ed. DEStech Publications, Inc, p.660. Persico, D., Fernandes, S., Garcia-Perez, A., Katsaros, P., Shaikh, S., Stamelos, I. and Cerone, A. (2014).Information Technology and Open Source: Applications for Education, Innovation, and Sustainability. 1st ed. Berlin, Heidelberg: Springer Berlin Heidelberg, p.278. Reynolds, G. (2014). Ethics in Information Technology.5th ed. Cengage Learning. Tan, F. (2008).Global information technologies. 1st ed. Hershey PA: Information Science Reference, p.900. Tiako, P. (2009).Software applications. 1st ed. Hershey, PA: IGI Global (701 E. Chocolate Avenue, Hershey, Pennsylvania, 17033, USA), p.1930. Vargas Martin, M. (2011).Technology for facilitating humanity and combating social deviations. 1st ed. Hershey, PA: Information Science Reference, p.107. Weber, S. (2004).The success of open source. 1st ed. Cambridge, Mass.: Harvard University Press, p.12. Whelan, E. Firth, D. 2012, "Changing the Introductory IS Course to Improve Future Enrollments: An Irish Perspective",Journal of Information Systems Education,vol. 23, no. 4, pp. 395-405.

A List of Arguments For and Against Zoos

A List of Arguments For and Against Zoos Not all animal rights activists love animals. Some respect them because they understand animals have a place in the world. Zoos, especially the ones that are doing everything right, present a special challenge to the animal-loving advocates because they would like to see and interact with the animals. Zoos and Animal Rights Zoo advocates argue that they save endangered species and educate the public, but many  animal rights activists believe the costs outweigh the benefits, and the violation of the rights of the individual animals is unjustifiable. Roadside zoos, petting zoos, and smaller animal exhibitors tend to offer inadequate space for the animals, keeping them in pens or cages. Sometimes, barren concrete and metal bars are all a tiger or bear will know for their entire lives. Larger, accredited zoos try to distance themselves from these operations by touting how well the animals are treated, but to animal rights activists, the issue not how well the animals are treated, but whether we have a right to confine them for our amusement or education. grass-lifeisgood / Getty Images Arguments For Zoos By bringing people and animals together, zoos educate the public and foster an appreciation of the animals. This exposure and education motivate people to protect the animals.Zoos save endangered species by bringing them into a safe environment, where they are protected from poachers, habitat loss, starvation, and predators.Many zoos also have breeding programs for endangered species. In the wild, these individuals might have trouble finding mates and breeding.Reputable zoos are accredited by the Association of Zoos and Aquariums and are held to high standards for the treatment of the animals. According to the AZA, accreditation means, official recognition and approval of a zoo or aquarium by a group of experts.A good zoo provides an enriched habitat in which the animals are never bored, are well cared for, and have plenty of space.Zoos are a tradition, and a visit to a zoo is a wholesome, family activity.Seeing an animal in person is a much more personal and more memorable experienc e than seeing that animal in a nature documentary. Some would argue that humans have little, if any duty to non-human animals because humans are more important, and if keeping animals in zoos serves any educational or entertainment purposes, it serves a purpose to the humans, even if that purpose is not beneficial for the animals.Some zoos help rehabilitate wildlife and take in exotic pets that people no longer want or are no longer able to care for.Both accredited and unaccredited animal exhibitors are regulated by the federal Animal Welfare Act, which establishes standards for care. Long Zhiyong / Getty Images Arguments Against Zoos From an animal rights standpoint, we do not have a right to breed, capture and confine other animals, even if they are endangered. Being a member of an endangered species doesnt mean the individual animals have fewer rights.Animals in captivity suffer from stress, boredom, and confinement. Intergenerational bonds are broken when individuals get sold or traded to other zoos, and no pen or even drive-through safari can compare to the freedom of the wild.Baby animals bring in visitors and money, but this incentive to breed new baby animals leads to overpopulation. Surplus animals are sold not only to other zoos, but also to circuses, canned hunting facilities, and even for slaughter.Some zoos just kill their surplus animal outright.The vast majority of captive breeding programs do not release animals back into the wild. The offspring are forever part of the chain of zoos, circuses, petting zoos, and exotic pet trade that buy, sell and barter animals among themselves and exploit animals. Ned the Asian elephant was born at an accredited zoo, but later confiscated from an abusive circus trainer and finally sent to a sanctuary. Removing individuals from the wild will further endanger the wild population because the remaining individuals will be less genetically diverse and will have more difficulty finding mates.If people want to see wild animals in real life, they can observe wildlife in the wild or visit a sanctuary. A true sanctuary does not buy, sell, or breed animals, but takes in unwanted exotic pets, surplus animals from zoos or injured wildlife that can no longer survive in the wild.If zoos are teaching children anything, its that imprisoning animals for our own entertainment is acceptable.The argument that children will have more compassion animals they can see life does not hold water. Not one of todays children has ever seen a dinosaur, yet kids are crazy about them.At least one study has shown that elephants kept in zoos do not live as long as elephants in the wild.The federal Animal Welfare Act establishes only the most minimal standards for cage size, shelter, health care, ventilation, fencing , food, and water. For example, enclosures must provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior patterns. Violations often result in a slap on the wrist and the exhibitor is given a deadline to correct the violation. Even a long history of inadequate care and AWA violations, such as the history of Tony the Truck Stop Tiger, will not free the animals. Sanctuaries also rehabilitate wildlife and take in unwanted exotic pets, without breeding, buying and selling animals like zoos do.Animals sometimes escape their enclosures, endangering themselves as well as people. There have even been incidents of zoo animals eating other zoo animals. In the case of zoos, both sides will argue that their side saves animals. Whether or not zoos benefit the animal community, they certainly do make money. As long as there is demand for zoos, they will continue to exist. We can start by making sure that zoo conditions are the best possible for the animals who are confined to them.

50 Synonyms for Assistant

50 Synonyms for Assistant 50 Synonyms for Assistant 50 Synonyms for Assistant By Mark Nichol A number of words- many precise in meaning, as well as colorful and/or pejorative- exist to assist you in describing someone who works below another person. Here are fifty synonyms for assistant. 1. accomplice: an assistant, especially in the commission of a crime 2. adjunct: an assistant or associate (also, a short-term or junior faculty member, or something added or joined to another) 3. adjutant: a military officer who is an assistant and secretary to a superior officer 4. aide: an assistant, often in a military or political context (sometimes misspelled aid) 5. aide-de-camp: a military officer who is an assistant to a superior officer 6. apprentice: an assistant training to master a skill 7. attendant: an assistant or servant, or an employee who helps customers (also, someone who attends an event, or something that accompanies something else) 8. auxiliary: a member of a foreign military unit fighting alongside military units of another nation (also, a Catholic bishop subordinate to and not entitled to succeed the bishop of a diocese) 9. coadjutor: an assistant (also, a Catholic bishop subordinate to and often a successor to the bishop of a diocese) 10. cog: an assistant who is one of many or who has a minor role in a company or organization 11. deputy: a substitute or second in command (also, a member of a lower house of a legislative body) 12. domestic: a household servant 13. employee: someone who works for someone else or for a company or organization for pay; also spelled employe 14. factotum: a servant with multiple responsibilities (also, anyone with multiple responsibilities) 15. flunky: a person who performs various small tasks for an important or powerful person; also spelled flunkey and flunkie (also refers to a sycophant) 16. follower: someone in the service of another person 17. gofer: someone who performs errands or other simple tasks for another person (from â€Å"go for†) 18.–19. handmaiden: a female maid or servant; also handmaid (also, something inanimate that exists to assist or serve) 20. help: an employee or helper; often used collectively (â€Å"the help†) 21. helper: an assistant, especially an unskilled laborer who assists a skilled worker 22.–23. helpmate: an assistant who also serves as a companion, or a wife; also helpmeet 24. henchman: a trusted assistant (often used colloquially for a politician’s aide), or a subordinate member of a gang (originally, a page or squire to a nobleman) 25. hireling: someone paid to do an unpleasant or illicit task 26. lackey: a person who performs menial or unpleasant work for another (originally a footman or a general servant; also refers to a sycophant) 27. legman: someone who gathers information and/or runs errands for another person 28. lieutenant: someone who assists and/or substitutes for another person (also, a specific military rank or role) 29–30. maid/maidservant: someone who cleans and performs other tasks for another person (maid also refers to an unmarried girl or woman) 31–33. man Friday: a devoted, efficient assistant; also â€Å"girl Friday† or â€Å"gal Friday† (from the character named Friday in Robinson Crusoe) 34. mate: an assistant to a more skilled person (also various other meanings) 35. menial: a person who does boring or unpleasant work for another person 36. minion: someone who obeys another person 37. number two: a person immediately subordinate to a leader (from military slang) 38. personal assistant: someone who assists another person by performing tasks and running errands 39. retainer: a person who assists in a household 40. right hand: a key assistant 41. second-in-command: a person immediately subordinate to a leader (from military usage) 42. scullion: a kitchen servant 43. second: an assistant, especially to a boxer or a duelist (also various other meanings) 44. second fiddle: someone in a supporting role or with subordinate responsibilities (from an informal reference to the violinist who sits next to the principal violinist in a music ensemble) 45. servant: someone who assists another person in that person’s home, often by cleaning and/or cooking 46. sidekick: someone who assists another person; traditionally refers to an assistant and companion to a heroic character 47. steward: someone who manages someone else’s household and/or property (also, someone who provides food and drinks in an institution or on a vehicle or vessel, or who manages finances or carries out other administrative duties) 48. subordinate: someone who works below someone else 49. swamper: a handyman or helper (also someone inhabiting or familiar with a swampy area) 50. underling: a low-ranking person who works for someone more powerful Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:4 Types of Gerunds and Gerund Phrases"Wracking" or "Racking" Your Brain?Quiet or Quite?

Organisational Change Management Essay Example | Topics and Well Written Essays - 3000 words

Organisational Change Management - Essay Example As it is evident in any organization, the vision and mission always enable a company achieve its objectives when adhered to. For instance, the success that was attained by Enron Company before its collapse was attributed to the investments and the commitment they made on the objectives and vision of the company (Dimma, 2002). It is evident that D2, like any other company such as Enron was able to achieve the same success. The fact that one of the plants of D2 was in a strategic place in the UK shows that the company was well placed in the European market. The company has been able to manage the competitive market in the manufacturing industry despite the stiff competition from manufactures from other countries with lower cost of services. However, in the recent past, D2 has gone through economic difficulties and is struggling to survive in the market due to economic downfall and the world’s financial crisis in the recent past. This therefore called for the management of the co mpany to make some changes to enable the company continue with its activities and fulfill its vision. As it is argued by Dimma, a good board of management in an organization is one which can be able to foresee a problem coming and be able to lay down a solution to the problem. The management board of D2 has had to take an urgent decision aimed at cutting down costs. The decision was to stop production of some components and focus on others in fewer sites than the one they operate with. This strategy was basically aimed at minimizing the costs and ensuring that the number, and not the variety, of goods produced will increase and hence get more benefits. This decision was taken by the management board as a quick remedy for the current problems faced by the company. The decision has already been made and is yet to be announced to the rest of the employees (Seel, 2006). In ensuring the benefits from economies of scale, the company decided that the production at Blois which is the main f actory in France is expanded. The main reason is because Blois has the most advanced technology than the other plants and there is still room for expansion in the company. This move is believed by the management that it’s the best in cutting down the costs of the company. The management has also suggested a closure of the manufacturing plant in the UK as another second step since it is the most outdated manufacturing technology (Seel, 2006). The workers at the UK plant which is to be closed are so much hopeful of the company investing more in their region as they expect. However, it is obvious that the company will not be able to offer employment opportunities to her workers in the other plants in France and Spain and there will be so much loss of manpower due to this closure (Seel, 2006). D2 wants product development engineers (B2) team to be relocated to Blois from Didcot since there will be no more work at Didcot. This is the group that has been behind the success of the c ompany before the current recession. Didcot is an international centre and has been a place where production of auto products is done by many other companies apart from D2. This has therefore led to the place being a world class production area with plenty of

John Lewis and Marks and Spencer Case Study Example | Topics and Well Written Essays - 4000 words

John Lewis and Marks and Spencer - Case Study Example One of the policies was that items can be refunded back to customers as long as they had receipts even if the products had been purchased a long time ago. The Company recorded a profit of slightly over half a billion pounds in the year 2006. M& S also boasts of having a large employee base-it has close to seventy one thousand staff members under its wing. John Lewis was a company is also another retail chain of stores that is slightly smaller than the former mentioned Company. John Lewis (JL) has one hundred and twelve super markets and twenty six stores under its name. There are sixty eight thousand employees working for the Company. JL is well known for the way it shares profits and partners Legislations have been passed that regulate developments which take up green areas; this has limited expansion of M& S stores. The European Commission is working on laws that are related to how M& S closed stores in France especially the way it handled its employees. (www.euractiv.com) lastly, the government requires adherence to high standards in the food industry; M&S has to comply with those standards in its food section. M&S has changed its supply management from Chain management to inventory management. Storey et al (2003) ascertain that this is the reason why M&S is thriving in the retail sector. The company has to face stiff competition from other retailers who also have international markets; it has to incorporate knowledge management and outsourcing to stay ahead. M&S also faces renewed competition from new retailers following the introduction of the European Union. Legal M&S has to perform internal controls and assessments in compliance with the Turnbull report (2007). Also, the company has to follow government regulations that affect corporate governance. Social According to Mellahi et al (2002), the company faces resistance from staff members who may not want to comply with changes in the organisation. M&S also has to make a lot of changes in relation to factors affecting consumer behaviour. Some of these factors are health consciousness causing increased preference for organic foods, rejection of sweatshop labour and products that are safe, preference for products that can be micro waved. Technological The company has to consider internet shopping. It has come up with new products in line with technological advancements like laser scanning. Technology has brought a shift in the retail market to a diffuse international market. Environmental According to the annual report (2007), M&S has adopted Eco plan A, which affects the way the company manages its waste. The company has engaged in campaigns that promote animal welfare. Lastly, the company has introduced use of bags that can be recycled. John Lewis Political A modification has been introduced by the EU Aerosol Dispensers Directive that limits filling to 90%; JL has to comply. The company's name has been tarnished after it sold Unite- a Union. This showed that it does not reward loyal members of staff. Economic The company is facing competition from international markets; it also has to deal with the challenge of credit markets. In light of these factors, the company has decreased its operating costs and may get profits in the future. JL has a strong position in the organic market

Analysis of Singapores Intellectual Property Laws

Analysis of Singapores Intellectual Property Laws The Issue of Intellectual Property Protection From the previous assignment, we have look into the cases involving McDonald Corporation and Future Enterprise PTE LTD, we have also introduced the basic intellectual property laws and how they are inter-related to one another. In this assignment, we will analyze the Singapore Laws that is related to the cases involved, and then we will provide recommendation to give our client a better idea of the rules and regulations they should abide. Summary of the cases McDonald Corporation and Future Enterprise PTE LTD, core-operating unit of Food Empire Holding Limited, are involved in two law cases during the period of 2003 to 2007. McDonald lost the first case in 2003 as the mark used by Future Enterprise is visually different from McDonald Corporation. Furthermore, Future Enterprise has its eagle device while McDonald Corporation has its golden archer. Therefore, the color scheme, font, and typeface on the mark of the Future Enterprise is very different from the one used by McDonald Corporation. McDonald Corporation sued Future Enterprise again in 2005 for amending the logo of MacCoffee by dropping the eagle device. McDonald Corporation has won this court case against Future Enterprise as there is a higher chance of confusion that will occur in the public and both products names are relate to coffee beverages. Both cases mentioned above are inter-related with each other as both cases involved the Intellectual Property Law of Trade Mark Act (TMA) where s15 of the TMA is highly emphasized. In the midst of both cases, both McDonald Corporation and Future Enterprise have made various appeals to the cases and this shows that both companies have the great intention and desires to protect their own trademarks. The connection between both cases shows that McDonald wanted to monopolize their trademark as far as food and beverages were concerned. Future Enterprise which also wanted to conserve its right of the prefix Mac in the same industry tried its best to maintain its position. Description and Analyze of the Singapore Law Involved In the case study, the Singapore Law that involved is mainly the Trademark and Passing off laws under the Intellectual Property Law. The laws involved can be classified into two main categories of Common Law and Statute Law. Statute Law Involved: (Refer to appendices Section A, A: 1 for definition of Statute Law) The Statute Laws that are applicable in the following case are Section 12(1), Section 15 and Section 23(1) of the Trade Marks Act (Cap 332, 1992 Rev Ed). Below are the descriptions of the different section of laws involved and the reasons why it is involved: Section 12(1): Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it shall apply in writing to the Registrar in the prescribed manner for registration in Part A or B of the register. Reason: McDonald Corporation claims that Future Enterprises marks were not made in good faith as it has adopted a naming convention of using the prefix Mac follows by a food or beverage descriptive. This is similar to McDonald Corporation naming convention for their products, which McDonald Corporation feels that Future Enterprise is making use of similar naming convention to promote their products. Section 15: It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design. Reason: McDonald Corporation claims that the naming convention and the using of the prefix Mac adopted by Future Enterprise would likely to deceive or cause confusion among the public. McDonald Corporation feels that the consumers may be misled thinking that Future Enterprises mark is a series of mark belonging to McDonald Corporation. Section 23(1): Except as provided by section 25, no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of: The same goods; The same description of goods; or Services or a description of services, which are associated with those goods or goods of that description. Reason: McDonald Corporation claims that Future Enterprises mark is identical and has a near resembled to their trademark. McDonald Corporation also claims that Future Enterprises marks are associated with their goods in respect of restaurant and catering services as McDonald Corporation regards Food and Beverages is associated with hotel or restaurant service. Common Law Involved: (Refer to appendices Section A, A: 2 for definition of Common Law) There are quite a number of Common Laws involved in our case study, we will look into the major cases that are referred to in corresponding to the different sections of Trade Mark Act that are involved. (Refer to appendices Section A, A: 3 for other cases referred (Common Laws)) Case refers corresponding to Section 12: (Refer to appendices Section A, A: 4 for the summary of the case) Tiffany Co v Fabriques de Tabac Reunies SA [1999] 3 SLR 147 (folld) McDonald Corporation referred to the mentioned case as a support to enhance the claim that Future Enterprises mark is not made in good faith, claiming that Future Enterprise was making use of the prefix Mac to promote their products to the public through the association to McDonald Corporation. Case refers corresponding to Section 15: (Refer to appendices Section A, A: 4 for the summary of the case) McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd) McDonald Corporation referred to the mentioned case as a support to enhance the claim that using the prefix Mc or Mac as a naming convention will result confusion in the public to think that Future Enterprises products that has the name mark of Mac is associated to McDonald. Dispute and Resolution Mechanism: Singapore has its own hierarchy of Courts when dealing with Criminal and Civil Law. (Refer to appendices Section A, A: 5 for the diagram of Singapores hierarchy of Courts) Singapore Law system is very strict and serious to trade mark offences, it has imposed a fine of up to $100,000 and/or imprisonment for a maximum term of 5 years for criminal liability in infringement act. For civil infringement, the court can award statutory damages of up to $1million. Usually, the High Court in the hierarchy of Singapore Court system will deal with intellectual property disputes and infringement. Referring to the Case Study, the case is dealt in High Court but due to appeal, the case is later brought into the Court of Appeal in resolving the case. Laws and their relevancy to the case Relevant laws and their application: Under s12(1) of the Act that the respondents claim to proprietorship of the three marks was not made in good faith as it had copied the common distinctive prefix of the appellants family of marks, namely, Mc; Under s15 of the Act that the registration of the three marks would likely deceive or cause confusion to the public; and Under s23(1) of the Act that the application marks were identical with or nearly resembled the trade marks belonging to the appellant. Fairness and unfairness: First case: (Refer to appendices Section B, B: 1 for Scenario of first case) It was decided in the first case that McDonald was unable to stop Future Enterprise form producing their products due to infringements of trademarks. I believed that the decision was fair as many evidence was provided to prove that Future Enterprise had made an effort to make their products distinctive to prevent confusion to the public. The evidence, from the article says that the products Future Enterprise produced were packaged with an eagle logo and it was sold mainly at NTUC FairPrice and Mustafa supermarkets in Singapore. This evidence enhances the point that Future Enterprise and McDonald were selling products targeted at different audiences from different markets. Furthermore, the article also showed that Future Enterprise has had its own product logos and color schemes different from McDonald. This point further showed that the marks were different whether it is in the aspects of appearance, sound or concept. Thus, it proves that customers/consumers had more ways to differentiate between the products of these 2 organizations, which further enhance the fairness of the judgment for this case. Last but not least, McDonald further protested that it had spent millions of dollars to create goodwill for it Mc series of marks, but evidence showed from the article says that Future Enterprise had also spent substantial time and resources in order to gain recognition from global market leaders. Therefore, it is fair to say that Future Enterprise did not cause loss whether in goodwill or financial damages, thus I think it is fair to say that fair judgment were made in this case. Second case: (Refer to appendices Section B, B: 2 for Scenario of second case) In the second case, Future Enterprise was brought up to court by McDonald again as they wanted to update their product design by dropping off their eagle logo. McDonald felt that their marks and naming conventions would be relatively similar which could cause confusion if Future Enterprise were to take out the distinctive eagle logo. Evidence from the article says that the two names sounded and looked too alike, and a substantial amount of average Singaporean would be confused with these two products. And also, the concept too was proved to be similar whether it is the products they are selling or the locations that they are selling the products. But, in our own opinion, we felt that there was unfairness presented in this judgment. In the first Court case between McDonald and Future Enterprise, it was judged that there were too many differences between McDonald and Future Enterprise whether it is in their logo, the products they sells or the audience they targeted. Thus, MacCoffee was able to be registered as a trademark and McDonalds appeal were dismissed. Yet, in the second court case, Future Enterprise loses the chance for its MacCoffee to be registered as a trademark name as they decided to drop their distinctive eagle logo. The first case stated that there were unanimous decisions in believing that products from Future Enterprise were not similar, whether in visual, sounds or concept, in comparison with products from McDonald. And also, evidence from the first case stated that the audience they targeted was remarkably different and the products they sold were also different. The judgment of the second case said that their marks were too similar and it would cause confusion after they drop the eagle logo. The appeals were dismissed with $10,000 payment made from Future Enterprise to McDonald. We felt that this judgment were unfair as there were contradictions which existed within this two cases. The products they sold were relatively different, ready-to-drink beverages from McCafe, and 3-in-1 coffee mix from MacCoffee. This presented a huge contrast between the products sold by the 2 organizations. Also, since it was decided in the first court case that the logos, type font, color schemes and targeted audiences were different for products of this 2 organizations, it should be brought up in the second case too in order to ensure fairness in this case. Thus they should take it into consideration of all these differences in the second court case rather than just concentrating on the similarities caused by the removed logos. Steps to further protect intellectual property rights For McDonald Corporation: Increase the monopolization of the prefix Mc into other service area that their business might want to expand into or have influence on. This is because the use of Mc is only subjected to McDonald in hotel and restaurant service and they might consider the use of this prefix into other service area thus, McDonald can maintain the rights of this prefix in other areas and future companies wont make use of the prefix in the same service area. For Food Empire Holdings: Food Empire Holdings could distinguish itself to McDonalds on the MacCoffee and McCafe by using back their earlier registered mark which appears below an eagle device, on its coffee products. This eagle device can play a part in determining whether the application mark is the same as McDonalds. (Refer to appendices Section B, B: 1 for the picture of Food Empire packaging) Recommendation As a consultant engaged by a big advertising company Do-It-Right Limited, we are responsible to report on the state of intellectual property protection in Singapore and to generally advise them whether there is an inherent and prevailing culture that respects other persons intellectual property rights. Thus, to start with it, we will recommend Do-It-Right Limited Company to advice their multinational clients to understand their own country intellectual property laws and the procedures of registering the trademark. In Singapore Intellectual Property Law, it is categorized into 6 main areas of: Copyright and Neighboring Rights, Industrial Designs, Patents, Confidential Information/Trade Secrets, Trade Marks and Passing Off. These are the 6 main areas under that Intellectual Property Law where the client ought to have a general knowledge of as understanding the laws in each area will be able to help clients to know the ways or methods to safeguard their intellectual properties by knowing which the areas of laws they should look into. To further protect clients intellectual property rights, it is a best advice for client to register their product. For Example: If an organization know that their property or design can be register under the Trademark protection, it is best to register in order to be under law of protection instead of limited protection. This is to ensure when an issue arise of a rival company copying the organization product or design. Organization in this case can use passing off law to protect their rights but this will result them to have limit law of protection if they fail to register their product design. Moreover, Trademark Law offer a great degree of protection comparing to Passing Off Law as Passing off Law require the breaching of Goodwill, Misrepresentations and Damage in order for the Law to take into consideration or effect. Thus in conclusion, it is important for Client to register their product or design under the Intellectual Property Law of protection to have more coverage of protection Lastly, we will also advice them to research on their competitors logo and name to avoid any misinterpretation and misunderstand of their own logo and name to their competitors. It is strongly recommended to use a unique and distinct design for their logo and name, which will lessen the chances of their competitors imitating their name and logo. Conclusion Through our case study on Mc Donald Corporation and Future Enterprise, we have a deep understanding about Intellectual Property Law in Singapore and how it can truly save guard our own personal property. We are also able to analyze the cases and discuss whether the Singapore Courts had made a right judgment. We had gained knowledge of Singapore Courts dealing with cases that involved the Intellectual Property Rights and know the importance of Intellectual Property that under the coverage of law to protect the important asset of an organization. References 1McDonalds Corp v Future Enterprises Pte Ltd 2Food Empire Holdings Ltd 3 McDonalds Wikipedia, the free encyclopedia 4 Welcome to McDonalds 5 McDonalds Singapore 6 Singapore Intellectual Property Law#section5 7 Trademark Wikipedia, the free encyclopedia 8 Passing off Wikipedia, the free encyclopedia 9 McDonalds Corp v Future Enterprises Pte Ltd 10 Rules of Court Appendices Extra Information Section A: A: 1 Statute Law Statue Law is written law that is created by governing authority like the parliament in the form of legislation to state out the civil order of the country and to implement and clarify the policies and operations of the government. Statute Law is also the law that state the consequences or punishments for committing a certain criminal or civil crime such as the Trademark Act or Passing off Act; new law can be introduced and existing law can be taken away in order to accommodate to the nation. A: 2 Common Law Common Law is unstated or unwritten law that is created by judges through court decisions. The decisions made by the judges on current case will depend on the decisions made in similar previous cases that took place. In other word, similar infringements and disputes, that have taken place in previous cases, will result the current case to follow the decisions and reasoning that being used. Common Law system is complicated, as the de cisions made in previous cases will affect the law in future cases and is totally distinguish from Statute Law. Moreover, the decisions made are bounded within a limited given jurisdiction. E.g. Decisions made in higher court such as Court of Appeal will affect the decisions in lower court. A: 3 Case(s) referred to (Common Law): Australian Woollen Mills Limited v F S Walton and Company Limited [1937] 58 CLR 641 (refd) Auvi Pte Ltd v Seah Siew Tee [1992] 1 SLR 639 (folld) Bali Trade Mark [1969] RPC 472 (refd) Beck Koller Company (England) Limited, In the Matter of an Application by [1947] 64 RPC 76 (fold) Brown Shoe Company Inc, Application by [1959] RPC 29 (folld) Carnival Cruise Lines Inc v Sitmar Cruises Ltd [1994] 120 ALR 495 (folld) Compatibility Research Ltd v Computer Psyche Company Ltd [1967] FSR 63 (refd) Future enterprise Pte Ltd v Tong Seng Produce Pte Ltd [1998] 1 SLR 1012 (refd) Genette Trade Mark [1968] RPC 148 (folld) Harrods Limited v Harrodian School Limited [1996] RPC 697 (refd) Karu Pty Ltd v Jose [1994] 30 IPR 407 (folld) Kellogg Co v Pacific Food Products Sdn Bhd [1999] 2 SLR 651 (folld) Lever Brothers Ltd v Bedingfield [1899] 16 RPC 3 (folld) Lifestyle 1.99 Pte Ltd v S$1.99 Pte Ltd [2000] 2 SLR 766 (folld) McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd) McIndians, In the matter of an application to register the mark (UK Patent Office 16 August 1996)(refd) McMint, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 7 November 1997) (folld) McSalad and McFresh, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 1 May 2000) (not folld) McVeg, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 10 November 1997) (folld) PB Foods Ltd v Malanda DairyFoods Ltd (1999) 47 IPR 47 (distd) Pianotist Company, In the Matter of an Application by (1906) 23 RPC 774 (folld) SEMIGRES Trade Mark [1979] RPC 330 (folld) Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd (1963) 109 CLR 407 (folld) Shell Co of Australian Ltd v Rohm Haas Co (1949) 78 CLR 601 (refd) Smith, Hayden Coy Ld, In the Matter of an Application by (1946) 63 RPC 97 (refd) Soldan Holding + Bonbonspezialitaeten GmbH, Re Application by (Singapore Trade Marks Registry, 20 July 2001) (refd) Sports Cafà © Ltd b Registrar of Trade Marks (1998) 42 IPR 552 (folld) Super Coffeemix Manufacturing Ltd v Unico Trading Pte Ltd [2000] 3 SLR 145 (folld) Tiffany Co v Fabriques de Tabac Reunies SA [1999] 3 SLR 147 (folld) UNIMAX Trade Mark [1979] RPC 469 (folld) Vitamins Lds Application, In the Matter of [1956] RPC 1 (folld) Wagamama Ltd v City Center Restaurants plc [1995] FSR 713 (refd) Yuen Yu Kwan Frank v McDonalds Corporation [2001] WL 1422899 (refd) A:4 Summary of cases for Common Laws Summary of Case refers corresponding to Section 12: Tiffany Co opposed the registration of the mark Tiffany by Fabriques de Tabac Reunies SA on cigarettes though; Tiffany Co has no monopoly in cigarettes industries. This may results in confusion as the entire word mark Tiffany was being copied over and the public might think that the cigarettes sold is produced or has connection to Tiffany Co upon seeing the Tiffany band of cigarettes. Summary of Case refers corresponding to Section 15: McDonald Corporation objected the use of McBagel in bagel bakery restaurant, as it would create confusion in public that people might think that McBagel is somehow associated with McDonald Corporation. Moreover, a survey was conducted and numerous people believed that McBagel was associated to McDonald Corporation due to the use of the prefix Mc. A.5 Diagram of Singapores hierarchy of Courts Section B: B: 1 Scenario of first case: McDonald had wanted to stop listed Future Enterprises from distributing products named MacNoodles, MacTea and MacChocolate. However, the court of appeal decided in a unanimous decision that the three trademarks were not deceptively similar to McDonalds Mac or Mc prefix. Thus in this case, the laws of protecting trademarks did not help McDonald to stop Future Enterprise from distributing their products, and also Future Enterprise were able to win this case as they did not breach the law of passing off. B: 2 Scenario of Second case: The dispute continues as Future Enterprise, a subsidiary and core unit of listed Food Empire Holding decided to updates it product design, MacCoffee to drop its original eagle design. McDonald objected as the similarity now existed when Future Enterprise decides to take out its distinct eagle design. After objection arose, Future Enterprise appealed for the MacCoffee brand to be registered as trademark, which in the end the appeal was dismissed. The laws of protecting trademark in this case were being carried out. MacCoffee were not distinct enough to be registered as a trademark, thus the appeal was dismissed. Also, after removing the eagle design, it was judged that goodwill was breach in terms of causing confusion to the public with similar products. Thus McDonald had successfully won this case with the appeal and Future Enterprise appeals were all dismissed and they were to pay a sum of $10,000 to McDonald to cover their loss. Section C: C: 1 Pictures of Food Empire MacCoffe packaging Old Packaging New Packaging Schedule of Meeting Date Discussion 28th May 2008 Analyze the cases Facts Inter-relationship Tasks allocated to each of the members 30th May 2008 Discuss the research done Singapore Laws (Statute Law Common Law) Singapore Courts Intellectual Property Rights Started the report writing 5th June 2008 Continuation of the report Modification of report Error Checking Rephrasing 9th June 2008 Finalization of the report Work Plan 3.1 Description of Assignment The objective for this final report gives us more understanding of the Singapore Laws that can be applied to these two cases. We are able to apply our basic knowledge learned in the lecture to discuss whether the cases had been judge fairly. 3.2 Team Members Nur Afidah Binte Afandi, Mark Heng Kok Hoong, Teo Lay Hoon, Goh Kok Jui Kelvin, Chai Guo Wei Problems encountered and Solutions 4.1 Problem: Time Consume Solution: Planning out the schedule what we should do first and what should we do next helps to cut down the time wastage. Analysis of Singapores Intellectual Property Laws Analysis of Singapores Intellectual Property Laws The Issue of Intellectual Property Protection From the previous assignment, we have look into the cases involving McDonald Corporation and Future Enterprise PTE LTD, we have also introduced the basic intellectual property laws and how they are inter-related to one another. In this assignment, we will analyze the Singapore Laws that is related to the cases involved, and then we will provide recommendation to give our client a better idea of the rules and regulations they should abide. Summary of the cases McDonald Corporation and Future Enterprise PTE LTD, core-operating unit of Food Empire Holding Limited, are involved in two law cases during the period of 2003 to 2007. McDonald lost the first case in 2003 as the mark used by Future Enterprise is visually different from McDonald Corporation. Furthermore, Future Enterprise has its eagle device while McDonald Corporation has its golden archer. Therefore, the color scheme, font, and typeface on the mark of the Future Enterprise is very different from the one used by McDonald Corporation. McDonald Corporation sued Future Enterprise again in 2005 for amending the logo of MacCoffee by dropping the eagle device. McDonald Corporation has won this court case against Future Enterprise as there is a higher chance of confusion that will occur in the public and both products names are relate to coffee beverages. Both cases mentioned above are inter-related with each other as both cases involved the Intellectual Property Law of Trade Mark Act (TMA) where s15 of the TMA is highly emphasized. In the midst of both cases, both McDonald Corporation and Future Enterprise have made various appeals to the cases and this shows that both companies have the great intention and desires to protect their own trademarks. The connection between both cases shows that McDonald wanted to monopolize their trademark as far as food and beverages were concerned. Future Enterprise which also wanted to conserve its right of the prefix Mac in the same industry tried its best to maintain its position. Description and Analyze of the Singapore Law Involved In the case study, the Singapore Law that involved is mainly the Trademark and Passing off laws under the Intellectual Property Law. The laws involved can be classified into two main categories of Common Law and Statute Law. Statute Law Involved: (Refer to appendices Section A, A: 1 for definition of Statute Law) The Statute Laws that are applicable in the following case are Section 12(1), Section 15 and Section 23(1) of the Trade Marks Act (Cap 332, 1992 Rev Ed). Below are the descriptions of the different section of laws involved and the reasons why it is involved: Section 12(1): Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it shall apply in writing to the Registrar in the prescribed manner for registration in Part A or B of the register. Reason: McDonald Corporation claims that Future Enterprises marks were not made in good faith as it has adopted a naming convention of using the prefix Mac follows by a food or beverage descriptive. This is similar to McDonald Corporation naming convention for their products, which McDonald Corporation feels that Future Enterprise is making use of similar naming convention to promote their products. Section 15: It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design. Reason: McDonald Corporation claims that the naming convention and the using of the prefix Mac adopted by Future Enterprise would likely to deceive or cause confusion among the public. McDonald Corporation feels that the consumers may be misled thinking that Future Enterprises mark is a series of mark belonging to McDonald Corporation. Section 23(1): Except as provided by section 25, no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of: The same goods; The same description of goods; or Services or a description of services, which are associated with those goods or goods of that description. Reason: McDonald Corporation claims that Future Enterprises mark is identical and has a near resembled to their trademark. McDonald Corporation also claims that Future Enterprises marks are associated with their goods in respect of restaurant and catering services as McDonald Corporation regards Food and Beverages is associated with hotel or restaurant service. Common Law Involved: (Refer to appendices Section A, A: 2 for definition of Common Law) There are quite a number of Common Laws involved in our case study, we will look into the major cases that are referred to in corresponding to the different sections of Trade Mark Act that are involved. (Refer to appendices Section A, A: 3 for other cases referred (Common Laws)) Case refers corresponding to Section 12: (Refer to appendices Section A, A: 4 for the summary of the case) Tiffany Co v Fabriques de Tabac Reunies SA [1999] 3 SLR 147 (folld) McDonald Corporation referred to the mentioned case as a support to enhance the claim that Future Enterprises mark is not made in good faith, claiming that Future Enterprise was making use of the prefix Mac to promote their products to the public through the association to McDonald Corporation. Case refers corresponding to Section 15: (Refer to appendices Section A, A: 4 for the summary of the case) McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd) McDonald Corporation referred to the mentioned case as a support to enhance the claim that using the prefix Mc or Mac as a naming convention will result confusion in the public to think that Future Enterprises products that has the name mark of Mac is associated to McDonald. Dispute and Resolution Mechanism: Singapore has its own hierarchy of Courts when dealing with Criminal and Civil Law. (Refer to appendices Section A, A: 5 for the diagram of Singapores hierarchy of Courts) Singapore Law system is very strict and serious to trade mark offences, it has imposed a fine of up to $100,000 and/or imprisonment for a maximum term of 5 years for criminal liability in infringement act. For civil infringement, the court can award statutory damages of up to $1million. Usually, the High Court in the hierarchy of Singapore Court system will deal with intellectual property disputes and infringement. Referring to the Case Study, the case is dealt in High Court but due to appeal, the case is later brought into the Court of Appeal in resolving the case. Laws and their relevancy to the case Relevant laws and their application: Under s12(1) of the Act that the respondents claim to proprietorship of the three marks was not made in good faith as it had copied the common distinctive prefix of the appellants family of marks, namely, Mc; Under s15 of the Act that the registration of the three marks would likely deceive or cause confusion to the public; and Under s23(1) of the Act that the application marks were identical with or nearly resembled the trade marks belonging to the appellant. Fairness and unfairness: First case: (Refer to appendices Section B, B: 1 for Scenario of first case) It was decided in the first case that McDonald was unable to stop Future Enterprise form producing their products due to infringements of trademarks. I believed that the decision was fair as many evidence was provided to prove that Future Enterprise had made an effort to make their products distinctive to prevent confusion to the public. The evidence, from the article says that the products Future Enterprise produced were packaged with an eagle logo and it was sold mainly at NTUC FairPrice and Mustafa supermarkets in Singapore. This evidence enhances the point that Future Enterprise and McDonald were selling products targeted at different audiences from different markets. Furthermore, the article also showed that Future Enterprise has had its own product logos and color schemes different from McDonald. This point further showed that the marks were different whether it is in the aspects of appearance, sound or concept. Thus, it proves that customers/consumers had more ways to differentiate between the products of these 2 organizations, which further enhance the fairness of the judgment for this case. Last but not least, McDonald further protested that it had spent millions of dollars to create goodwill for it Mc series of marks, but evidence showed from the article says that Future Enterprise had also spent substantial time and resources in order to gain recognition from global market leaders. Therefore, it is fair to say that Future Enterprise did not cause loss whether in goodwill or financial damages, thus I think it is fair to say that fair judgment were made in this case. Second case: (Refer to appendices Section B, B: 2 for Scenario of second case) In the second case, Future Enterprise was brought up to court by McDonald again as they wanted to update their product design by dropping off their eagle logo. McDonald felt that their marks and naming conventions would be relatively similar which could cause confusion if Future Enterprise were to take out the distinctive eagle logo. Evidence from the article says that the two names sounded and looked too alike, and a substantial amount of average Singaporean would be confused with these two products. And also, the concept too was proved to be similar whether it is the products they are selling or the locations that they are selling the products. But, in our own opinion, we felt that there was unfairness presented in this judgment. In the first Court case between McDonald and Future Enterprise, it was judged that there were too many differences between McDonald and Future Enterprise whether it is in their logo, the products they sells or the audience they targeted. Thus, MacCoffee was able to be registered as a trademark and McDonalds appeal were dismissed. Yet, in the second court case, Future Enterprise loses the chance for its MacCoffee to be registered as a trademark name as they decided to drop their distinctive eagle logo. The first case stated that there were unanimous decisions in believing that products from Future Enterprise were not similar, whether in visual, sounds or concept, in comparison with products from McDonald. And also, evidence from the first case stated that the audience they targeted was remarkably different and the products they sold were also different. The judgment of the second case said that their marks were too similar and it would cause confusion after they drop the eagle logo. The appeals were dismissed with $10,000 payment made from Future Enterprise to McDonald. We felt that this judgment were unfair as there were contradictions which existed within this two cases. The products they sold were relatively different, ready-to-drink beverages from McCafe, and 3-in-1 coffee mix from MacCoffee. This presented a huge contrast between the products sold by the 2 organizations. Also, since it was decided in the first court case that the logos, type font, color schemes and targeted audiences were different for products of this 2 organizations, it should be brought up in the second case too in order to ensure fairness in this case. Thus they should take it into consideration of all these differences in the second court case rather than just concentrating on the similarities caused by the removed logos. Steps to further protect intellectual property rights For McDonald Corporation: Increase the monopolization of the prefix Mc into other service area that their business might want to expand into or have influence on. This is because the use of Mc is only subjected to McDonald in hotel and restaurant service and they might consider the use of this prefix into other service area thus, McDonald can maintain the rights of this prefix in other areas and future companies wont make use of the prefix in the same service area. For Food Empire Holdings: Food Empire Holdings could distinguish itself to McDonalds on the MacCoffee and McCafe by using back their earlier registered mark which appears below an eagle device, on its coffee products. This eagle device can play a part in determining whether the application mark is the same as McDonalds. (Refer to appendices Section B, B: 1 for the picture of Food Empire packaging) Recommendation As a consultant engaged by a big advertising company Do-It-Right Limited, we are responsible to report on the state of intellectual property protection in Singapore and to generally advise them whether there is an inherent and prevailing culture that respects other persons intellectual property rights. Thus, to start with it, we will recommend Do-It-Right Limited Company to advice their multinational clients to understand their own country intellectual property laws and the procedures of registering the trademark. In Singapore Intellectual Property Law, it is categorized into 6 main areas of: Copyright and Neighboring Rights, Industrial Designs, Patents, Confidential Information/Trade Secrets, Trade Marks and Passing Off. These are the 6 main areas under that Intellectual Property Law where the client ought to have a general knowledge of as understanding the laws in each area will be able to help clients to know the ways or methods to safeguard their intellectual properties by knowing which the areas of laws they should look into. To further protect clients intellectual property rights, it is a best advice for client to register their product. For Example: If an organization know that their property or design can be register under the Trademark protection, it is best to register in order to be under law of protection instead of limited protection. This is to ensure when an issue arise of a rival company copying the organization product or design. Organization in this case can use passing off law to protect their rights but this will result them to have limit law of protection if they fail to register their product design. Moreover, Trademark Law offer a great degree of protection comparing to Passing Off Law as Passing off Law require the breaching of Goodwill, Misrepresentations and Damage in order for the Law to take into consideration or effect. Thus in conclusion, it is important for Client to register their product or design under the Intellectual Property Law of protection to have more coverage of protection Lastly, we will also advice them to research on their competitors logo and name to avoid any misinterpretation and misunderstand of their own logo and name to their competitors. It is strongly recommended to use a unique and distinct design for their logo and name, which will lessen the chances of their competitors imitating their name and logo. Conclusion Through our case study on Mc Donald Corporation and Future Enterprise, we have a deep understanding about Intellectual Property Law in Singapore and how it can truly save guard our own personal property. We are also able to analyze the cases and discuss whether the Singapore Courts had made a right judgment. We had gained knowledge of Singapore Courts dealing with cases that involved the Intellectual Property Rights and know the importance of Intellectual Property that under the coverage of law to protect the important asset of an organization. References 1McDonalds Corp v Future Enterprises Pte Ltd 2Food Empire Holdings Ltd 3 McDonalds Wikipedia, the free encyclopedia 4 Welcome to McDonalds 5 McDonalds Singapore 6 Singapore Intellectual Property Law#section5 7 Trademark Wikipedia, the free encyclopedia 8 Passing off Wikipedia, the free encyclopedia 9 McDonalds Corp v Future Enterprises Pte Ltd 10 Rules of Court Appendices Extra Information Section A: A: 1 Statute Law Statue Law is written law that is created by governing authority like the parliament in the form of legislation to state out the civil order of the country and to implement and clarify the policies and operations of the government. Statute Law is also the law that state the consequences or punishments for committing a certain criminal or civil crime such as the Trademark Act or Passing off Act; new law can be introduced and existing law can be taken away in order to accommodate to the nation. A: 2 Common Law Common Law is unstated or unwritten law that is created by judges through court decisions. The decisions made by the judges on current case will depend on the decisions made in similar previous cases that took place. In other word, similar infringements and disputes, that have taken place in previous cases, will result the current case to follow the decisions and reasoning that being used. Common Law system is complicated, as the de cisions made in previous cases will affect the law in future cases and is totally distinguish from Statute Law. Moreover, the decisions made are bounded within a limited given jurisdiction. E.g. Decisions made in higher court such as Court of Appeal will affect the decisions in lower court. A: 3 Case(s) referred to (Common Law): Australian Woollen Mills Limited v F S Walton and Company Limited [1937] 58 CLR 641 (refd) Auvi Pte Ltd v Seah Siew Tee [1992] 1 SLR 639 (folld) Bali Trade Mark [1969] RPC 472 (refd) Beck Koller Company (England) Limited, In the Matter of an Application by [1947] 64 RPC 76 (fold) Brown Shoe Company Inc, Application by [1959] RPC 29 (folld) Carnival Cruise Lines Inc v Sitmar Cruises Ltd [1994] 120 ALR 495 (folld) Compatibility Research Ltd v Computer Psyche Company Ltd [1967] FSR 63 (refd) Future enterprise Pte Ltd v Tong Seng Produce Pte Ltd [1998] 1 SLR 1012 (refd) Genette Trade Mark [1968] RPC 148 (folld) Harrods Limited v Harrodian School Limited [1996] RPC 697 (refd) Karu Pty Ltd v Jose [1994] 30 IPR 407 (folld) Kellogg Co v Pacific Food Products Sdn Bhd [1999] 2 SLR 651 (folld) Lever Brothers Ltd v Bedingfield [1899] 16 RPC 3 (folld) Lifestyle 1.99 Pte Ltd v S$1.99 Pte Ltd [2000] 2 SLR 766 (folld) McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd) McIndians, In the matter of an application to register the mark (UK Patent Office 16 August 1996)(refd) McMint, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 7 November 1997) (folld) McSalad and McFresh, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 1 May 2000) (not folld) McVeg, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 10 November 1997) (folld) PB Foods Ltd v Malanda DairyFoods Ltd (1999) 47 IPR 47 (distd) Pianotist Company, In the Matter of an Application by (1906) 23 RPC 774 (folld) SEMIGRES Trade Mark [1979] RPC 330 (folld) Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd (1963) 109 CLR 407 (folld) Shell Co of Australian Ltd v Rohm Haas Co (1949) 78 CLR 601 (refd) Smith, Hayden Coy Ld, In the Matter of an Application by (1946) 63 RPC 97 (refd) Soldan Holding + Bonbonspezialitaeten GmbH, Re Application by (Singapore Trade Marks Registry, 20 July 2001) (refd) Sports Cafà © Ltd b Registrar of Trade Marks (1998) 42 IPR 552 (folld) Super Coffeemix Manufacturing Ltd v Unico Trading Pte Ltd [2000] 3 SLR 145 (folld) Tiffany Co v Fabriques de Tabac Reunies SA [1999] 3 SLR 147 (folld) UNIMAX Trade Mark [1979] RPC 469 (folld) Vitamins Lds Application, In the Matter of [1956] RPC 1 (folld) Wagamama Ltd v City Center Restaurants plc [1995] FSR 713 (refd) Yuen Yu Kwan Frank v McDonalds Corporation [2001] WL 1422899 (refd) A:4 Summary of cases for Common Laws Summary of Case refers corresponding to Section 12: Tiffany Co opposed the registration of the mark Tiffany by Fabriques de Tabac Reunies SA on cigarettes though; Tiffany Co has no monopoly in cigarettes industries. This may results in confusion as the entire word mark Tiffany was being copied over and the public might think that the cigarettes sold is produced or has connection to Tiffany Co upon seeing the Tiffany band of cigarettes. Summary of Case refers corresponding to Section 15: McDonald Corporation objected the use of McBagel in bagel bakery restaurant, as it would create confusion in public that people might think that McBagel is somehow associated with McDonald Corporation. Moreover, a survey was conducted and numerous people believed that McBagel was associated to McDonald Corporation due to the use of the prefix Mc. A.5 Diagram of Singapores hierarchy of Courts Section B: B: 1 Scenario of first case: McDonald had wanted to stop listed Future Enterprises from distributing products named MacNoodles, MacTea and MacChocolate. However, the court of appeal decided in a unanimous decision that the three trademarks were not deceptively similar to McDonalds Mac or Mc prefix. Thus in this case, the laws of protecting trademarks did not help McDonald to stop Future Enterprise from distributing their products, and also Future Enterprise were able to win this case as they did not breach the law of passing off. B: 2 Scenario of Second case: The dispute continues as Future Enterprise, a subsidiary and core unit of listed Food Empire Holding decided to updates it product design, MacCoffee to drop its original eagle design. McDonald objected as the similarity now existed when Future Enterprise decides to take out its distinct eagle design. After objection arose, Future Enterprise appealed for the MacCoffee brand to be registered as trademark, which in the end the appeal was dismissed. The laws of protecting trademark in this case were being carried out. MacCoffee were not distinct enough to be registered as a trademark, thus the appeal was dismissed. Also, after removing the eagle design, it was judged that goodwill was breach in terms of causing confusion to the public with similar products. Thus McDonald had successfully won this case with the appeal and Future Enterprise appeals were all dismissed and they were to pay a sum of $10,000 to McDonald to cover their loss. Section C: C: 1 Pictures of Food Empire MacCoffe packaging Old Packaging New Packaging Schedule of Meeting Date Discussion 28th May 2008 Analyze the cases Facts Inter-relationship Tasks allocated to each of the members 30th May 2008 Discuss the research done Singapore Laws (Statute Law Common Law) Singapore Courts Intellectual Property Rights Started the report writing 5th June 2008 Continuation of the report Modification of report Error Checking Rephrasing 9th June 2008 Finalization of the report Work Plan 3.1 Description of Assignment The objective for this final report gives us more understanding of the Singapore Laws that can be applied to these two cases. We are able to apply our basic knowledge learned in the lecture to discuss whether the cases had been judge fairly. 3.2 Team Members Nur Afidah Binte Afandi, Mark Heng Kok Hoong, Teo Lay Hoon, Goh Kok Jui Kelvin, Chai Guo Wei Problems encountered and Solutions 4.1 Problem: Time Consume Solution: Planning out the schedule what we should do first and what should we do next helps to cut down the time wastage.