Thursday, October 31, 2019

Oppression Essay Example | Topics and Well Written Essays - 750 words

Oppression - Essay Example This paper then aims to discuss the elements and the faces of oppression in order to draw a sound conclusion whether or not a man really oppresses another man and whether or not the society can advance without necessarily oppressing any other person or group of persons. I have learned that oppression can be seen as a social concept and as a structural concept. According to the article of Young (1990) oppression is a structural phenomenon that "immobilizes or diminishes a group" and structurally, oppression is "the tyranny by a ruling group." It is a description that has long been used through the centuries of pains and struggle of people from different kinds of bondage. However and whoever defines the term to me oppression has been witnessed to be a very powerful tool that can really be utilized by those who are in control to preserve the present structure of the society. It is used as a weapon by the ruling class to stay in their power and control not only the political affairs but most especially the economy of the country. This means that in this society, the struggle for more power and greed of money has turned many individuals as oppressors of other men. This society has shaped men only in to two kinds: the predator and the prey. The predator oppresses and eats the weaker men and the prey is eaten and devoured by the more cunning oppressors. I have read from the article of Young that there are five faces of oppression: (1) exploitation of labor; (2) gender exploitation were women are treated less powerful that men; (3) racial exploitation where cultural groups are not given the same rights and privileges; (4) marginalization where a social group are deprived to participate in a social life; and (5) cultural imperialism which is describes as involving " the universalization of a dominant group's experience and culture and its establishment as the norm." We can recall what we have learned in our history and looked at the plight of the Africans who were victimized of the Trans-Atlantic Slavery. The experiences of this social group do not speak only of one face of oppression but they have suffered the five faces of oppression. The Africans were sold to be slaves of wealthy men and nations. They were harassed and maltreated, and if they showed resistance they were killed. We can recall how the Africans men and women alike suffered in the plantations in the South where they have to withstand economic deprivation and the rapacity of their masters. Their lives were always threatened and they live not only wallowing in extreme poverty but in extreme fear. Their women were raped and abused by their masters. Who indeed can say that man cannot oppress his fellowman The history of the African Americans and the suffering of other minority tribes are glaring reality that men are oppressors of weaker men. So many times we have witnessed death and destruction because of labor unrest, or subversion. Men are imprisoned or killed unable to defend their homes and their families as they result to violence because of starvation. Oppression of men must be cruel but it happened and it still happening. Until now many are affected by the cruelty suffered by the poor natives of Africa who

Tuesday, October 29, 2019

An evaluation with recommendations of electronic banking, with Essay

An evaluation with recommendations of electronic banking, with particular reference to user ability and security issues - Essay Example The paper tells that the introduction of e-banking systems has been related with specific needs: the needs of the customers to save time and money in regard to their transactions in banks but also the needs of banks to reduce their operational expenses – the limitation of the transactions developed within the banks’ branches leads to the limitation of the working hours required on the specific activities. In this context, the implementation of e-banking systems in banks can be characterized as an expected policy – necessary to resolve specific problems. The value of e-banking cannot be doubted; the importance of e-banking for the development of financial transactions can be understood by referring to this scheme’s definition. In this context, it is noted that ‘e-banking refers to electronic banking over the internet; e-banks can have some brick-and-mortar facilities: telephone and web call centers and, increasingly, physical "touch points" for in-per son demos and consultation’. At the next level, the value of e-banking systems can be understood by referring to their characteristics; the definitions of e-banking systems developed in the literature have been differentiated as they are based on different criteria. In any case, e-banking systems are likely to include devices that serve the following needs: the communication and the exchange of data. In accordance with Claessens et al. ‘the interaction between user and bank has been substantially improved by deploying ATMs, phone banking, Internet banking, and more recently, mobile banking’.

Sunday, October 27, 2019

Gladiator Historical Accuracy

Gladiator Historical Accuracy The movie gladiator revolves around the life of Maximus Decimus Meridius. Maximus was the greatest Roman General in the Roman Empire. Marcus Aurelius was the emperor of Rome and near his death he told Maximus that he wanted the power to be shifted back to the senate, and not to his son, Commodus. The reason Marcus Aurelius did not want his son to rule is because he believes that Commodus will destroy the Roman Empire. When Commodus finds out that he will not become emperor, he suffocates his father. After Marcus Aurelius death, Commodus tells the Romans that he is the new emperor, but Maximus knows the truth. Commodus tells the soldiers to kill Maximus and his family before the power is given to the Senate. Before the soldiers could kill Maximus, he defeats all of the soldiers trying to murder him, and he escapes. Maximus goes home to see his wife and son murdered and hung in front of his house. He knows he cant stay in his house, so he starts to find somewhere else to live. While in the desert, Maximus collapses and he is captured by slave trainers. While in the slave camp, the captured slaves were tested to see what level they could perform. Maximus was called Spaniard because he refused to tell his name. When he finally showed the slave traders how well he fought, they immediately knew that they had an amazing fighter. In Rome, Commodus reopens the gladiatorial games in honour of his deceased father. A significant scene in the movie was when the gladiators were supposed to re-enact the battle between Rome and Carthage. The gladiators did not want to be defeated so they killed the defenders and the crowd enjoyed the twist. Commodus demanded the identity of the best fighter. Maximus removes his mask and Commodus is shocked to see that he is still alive. Commodus is unable to kill him because the crowd loves him. Commodus decides to force him to fight the Tigris of Gaul, the best fighter in Rome. While Maximus battles the Tigris of Gaul, Commodus releases the t igers on him. Maximus almost defeats the Tigris of Gaul when he saw Commodus vote for death. Maximus decided to spare the Tigris life to oppose Commodus. Commodus is angry to find out that the Romans start calling Maximus, Maximus the Merciful. After the battle, Maximus meets one of his former servants, Cicero and him tells him to tell his former soldiers that he is still alive, and wants them to battle for his freedom. Maximus plans an escape with Gracchus and Lucilla to reunite with his army. Commodus fears that his sister, Lucilla is betraying him so he threatens Lucius. Commodus discovers the plot and he sends his soldiers to kill Maximus and the other slaves. While in battle, Proximo, the trainer of the slaves, and Hagen are murdered, but Juba and the rest of the survivors are imprisoned. Maximus escapes only to find Cicero hung by Commodus soldiers. Maximus becomes captured and imprisoned again and has to face Commodus in battle. Commodus talks to Maximus before the battle and stabs him in the back to weaken him in the battle and he orders the guards to cover the wound with armour. While in battle Commodus tries fighting him but at one point Commodus sword is taken from his hand. Commodus orders Quintus to give him another sword, but Quintus refuses. Maximus kills Commodus while the whole Coliseum stayed silent. As the life of Maximus begins to fade, he tells the Romans to free Proximos slaves and let Rome be controlled by the Senate again. The movie ends with Maximus meeting his family in a field in his afterlife. Juba is at the end of the movie burying two statues of a woman and a boy that belonged to Maximus, and Juba says he will meet him in the afterlife. Historical Analysis- Gladiator Characters: Lucilla: In the movie, Lucilla is the daughter of Marcus Aurelius, and the sister of Commodus. In the beginning of the movie Marcus Aurelius tells her he wished she was a boy because she would rule Rome appropriately. Lucilla is very smart and is very interested in the politics of Rome. Commodus is in love with her and does not want anyone to have her. She understands his love and uses it to her advantage. In the movie, she does anything she can to distract Commodus and keep him happy in order to save Maximus. Lucilla, Maximus and Gracchus plot to kill Commodus The romantic relationship between Lucilla and Maximus is clearly evident, and it truly angers Commodus. Commodus becomes very suspicious and threatens Lucius. Lucilla informs Commodus about her plans in order to save her son, and Commodus captures Maximus. Maximus: In the movie gladiator, Maximus Decimus Meridius is a loving father and husband. He is the greatest Roman General in Roman history, and no one can defeat him. The character of Maximus was created by the writers of the movie, Unfortunately, there are no portraits with which to compare the Hero of Gladiator, the Spanish general Maximus. He never existed at all. (Ward, 2005). All of the scenes in the movie that involved Maximus were written in to make the movie more exciting and the love affair between Lucilla and Maximus never existed. Commodus: Commodus character was supposed to portray a mixture between the Caesars Nero and Caligula. Historians believe that he was worse. In the movie, Commodus is hated by the Senate and the people. In history Commodus is only hated by the Senate, he was quite loved by the people. In Gladiator, Commodus is murdered by Maximus during battle, but that is not true since Maximus never existed. Commodus had many attempts on his life, but only one man succeeded. Role of Different Groups: Caesars: In the movie Gladiator, the Caesar Marcus Aurelius had the most power and he was a noble Caesar. He did not want Commodus to gain power because he feared Commodus would ruin the city of Rome. Some Caesars shared their power with the Senate, some Caesars became dictators. Generals: A general had a very important role. The job a general was to lead their army to victory. During the ancient Roman times a legion would serve his general first and his Caesar second. This is demonstrated in the film when Maximus tells his former servant Cicero to get his army to fight for his freedom. Maximus knows the army will obey him. Gladiators: Gladiators were the lowest form of humans during the ancient Roman times. Gladiators were men who were mostly captured during war and were forced to fight. There is also a high accuracy in the way that the life of a gladiator is portrayed. Gladiators were men who were trained to die for the publics entertainment. They not only fought other gladiators but animals too. (Ilic, 2004). Government Structure/ Politics: The government during the ancient Roman times was based on the Caesar and the Senate. Many of the Roman people loved the Senate, but after seeing how corrupt they could be the Romans started to love Caesars more. For example Commodus was one of the emperors who although despised by the senatorial classes was loved by the military and lower classes. The reason is mainly financial. Commodus taxed the senators and was generous with the others. (The struggle between the Senate and the Caesars continued until the fall of the Roman Empire). (Ward, 2005) Work Cited Gil, NG. (2010, October). Economic reasons for the fall of rome. Retrieved from http://ancienthistory.about.com/od/fallromeeconomic/a/econoffall.html Ilic, KI. (2004, June). Gladiator fact vs. gladiator fiction. Retrieved from http://cssaame.com/jhs/gladiator_fact_vs_gladiator_fi.html Ward, AW. (2001, August). The movie gladiator in historical perspective. http://linkage.rockefeller.edu/wli/reading/gladiator.html

Friday, October 25, 2019

Malcolm X Essay -- History

Malcolm X Malcolm X, a civil rights leader in the 1960's believed that blacks and whites should be segregated. He also believed that white man was evil and were trying to brainwash all blacks and that Martin Luther King's "non-violent protests" weren't working and that violence was needed for change. Malcolm X's life was a life with a lot of conflict and violence in it. Malcolm X was born under the name of Malcolm Little in Omaha, Nebraska in 1925. His father was a baptist minister and an outspoken follower of Marcus Garvey, the black nationalist leader of the 1920s who preached that all blacks should leave the US and go back to Africa. While Malcolm's father was away and Malcolm's mother was pregnant with Malcolm, a group of KKK members came to their house and told Mrs. Little to send out her husband. She came out of the house and stood where all the KKK could see that she was pregnant and told them that Mr. Little was in Milwaukee preaching. The KKK, disappointed, shouted threats and told them to leave town. After this they broke every window in the Little's home and left. When Mr. Little came home and heard what happened, he decided to move as soon a Malcolm was born to Lansing, Michigan. Here was where Malcolm's father died at the hand of the Black Legion (X 4-! 13). After Malcolm's father's death, his mother who had to take care of eight children and endure threats from the KKK, suffered a nervous breakdown. As a result, Malcolm and his siblings were taken by the welfare department. Malcolm was later enrolled in a reform school and did very well grade wise. He was the best student in his class and wanted to become a lawyer. When the school heads heard about this, they sent a person to talk to Malcolm. This person told and convinced Malcolm that he was black and that he could never become a lawyer because of it. As a result, he dropped out of after the eighth grade and moved to Boston, Massachusetts where he worked several different jobs. Soon, Malcolm became associated in a gang and sold and used drugs, and was involved in many other criminal activities. His gang "career" ended when he got into some trouble due to a bet with the gang leader. Since the gang wanted Malcolm killed, Malcolm hid for a while. Soon, Malcolm decid! ed to rob a house which he heard had a lot of valuables in it. Soon one night, he robbed the house, but was ca... ...e didn't believe the peaceful protests worked. Malcolm believed that violence was the only way through which change would take place. Finally, Malcolm disagreed with Mr. King in the fact that Malcolm wanted to segregate blacks and whites and create a separate place for the blacks to live in while Mr. King wanted to end segregation and have blacks and whites live peacefully. My opinions toward Malcolm X's beliefs are that I disagree with most of what he said. I believe that what he taught was teaching hatred. I also believe that he set the civil rights movement back because he "un-did" everything Mr. King stood for and did. I also disagree with his idea of usage of violence because I don't believe it solves or is the answer to anything. Finally, I believe his ideas towards white men being "devils" and "evil" seem to be unjustified. I say unjustified because many white men tried to join both the OAAU and the Nation of Islam, were denied. My logic is that if the white men were evil, why would they try to join them and help them? Although I disagree with most of Malcolm's X's beliefs, I do agree that all Blacks should join and become unified, because in unity, there is power.

Thursday, October 24, 2019

Unique Photographers: Their Lives and Their Art

From 1979 to present there have been many famous photographers, but there are three who really stick out: Jerry Uelsmann, Freeman Patterson, and Annie Slivovitz. These three photographers had very distinct photography and viewed photography as more than pictures but as pigments of emotions and feelings. These photographers are very famous for their pictures and one photographer is known for her help in third world countries. The first photographer that I would like to mention in my research paper will be Jerry Uelsmann. Uelsmann was born in Detroit on June 11th, 1934. Uelsmann acquired school degrees and actually went on to teach classes. He was an intelligent man, who knew exactly what he wanted to do in his life. When Uelsmann was 23 years old (1957) he received his B. F. A degree at the Rochester Institute of technology. When he was 26 (1960) he received his M. F. A at the Indiana University. In 1960 he received his first job offer to teach photography at the University of Florida in Gainesville. Jerry Uelsmann is also a member of the Royal Photographic Society of Great Britain. Jerry Uelsmann founded The American Society for Photographic Education. Jerry Uelsmann did mostly double exposures. When working a day in the darkroom Uelsmann would go through 50 sheets of photo paper, trying to find at least one or two prints that he liked. During a year, Uelsmann may produce one hundred and fifty images, and only fifteen of those one hundred and fifty images last through out the year. The fifteen prints that are left are the prints that had meaning to him. Sometimes he would draw sketches of the pictures he would like to develop, just to give him an idea of the kind of image he would like to create in his next photo. Jerry Uelsmann is not known for computer images but on a couple of his photographs he has used his Mac Intosh computer to enhance the prints. One photograph that he has computer enhanced is (â€Å"Man Walking on the Deskâ€Å"). Uelsmann decided to use a computer to alter this print because it amazed him; all the possibilities/creations that are available to him through a computer. The print that he altered with his computer is one of his most famous prints (â€Å"Man Walking on the Desk†) which was created in 1976, and then resurrected in the year 2000 to modify he print by scanning it on to his computer and dding a shadow to the man walking on the desk. He didn’t make a really big change to the photo but he could not have added the shadow in the darkroom so his computer gave him that possibility. The image (â€Å"Homage to Man Ray†) was completely done on his computer in 1999 and he printed it out on an Iris printer to give a shinny professional finish. Uelsm ann has done over one hundred solo shows in the United States in the past thirty years alone. In the past twenty-five years, Uelsmann has had over ten books devoted to him and his artwork. He has more than 15 museums around the world that display his art work, these include: The Victoria and Albert Museum in London, the Bibliotheque National in Paris, The National Gallery of Canada, and The National Galleries of Scotland. Other museums show casing his artwork are located in Paris, Australia and New York. Some of his work has been reproduced and put into international journals, magazines, books, newspapers and television shows (The Outer Limits) . Some books produced about Jerry Uelsmann and his art are Jerry N. Uelsmann Millerton, and Jerry Uelsmann: Silver Meditations by Dobbs Ferry. Jerry Uelsmann is experienced in his art and has created memorable and unique photos and has displayed them so that the world can see what kind of imagery he can produce. Freeman Patterson is another interesting photographer currently lives in Shamper’s Bluff, New Brunswick. As a child Freeman grew up on a farm in New Brunswick. This is one of the reasons why he won’t photograph vegetables; he’s seen to many of them and they have boundaries. Freeman has acquired school degrees including a honours degree in philosophy from Acadia University in Wolf Ville, Nova Scotia in 1959; and a Master of Divinity degree from the Columbia University in New York. At Alberta College, Freeman was the dean of religious studies, and in Toronto Patterson, worked at Berkley studio in 1966. In 1984 Freeman co-founded the Namaquland Photographic Works Shops in Africa. Freeman has given many workshops around the world, including countries such as the United States, New Zealand, Israel, and Australia. Since 1973 Freeman has also given many seminars in countries such as Canada, United States, New Zealand, Israel, and Australia. These seminars are about music, art, ecology, and education. Freeman Patterson produces his own books on photography and his artwork. Some books that he has published are â€Å"Photography for the Joy of itâ€Å", â€Å"Shadow Light: A Photographers Lifeâ€Å", â€Å"Photographing the World Around You and Portrait of Earthâ€Å". The books that he has made are not just to show off his artwork but also to demonstrate and give guidelines to new photographers. Patterson’s work has been in exhibitions, magazines, books and calendars. Photography is an interest to Patterson because pictures excite him. Patterson feels that he needs to be at ease with his camera in order to take good pictures, without the technicality of rules and formulas made by equipment. He also believes that good images are made carefully and take time, they don’t just happen. Patterson states that â€Å"In these images, subject matter is like potters clay – you mould it however you want†#. The pictures he likes best are those pictures where he can discover himself and those pictures that have no rules. Patterson thinks that a good photograph portrays the photographer and the image and for him most of his subjects have a symbolic meaning to him and he feels free to take any approach to the subject to make them a visual statement. Patterson believes that emotions and feelings come out in photography, so if the photographer is happy, they would take pictures of the warm colours from a sunset. He truly believes that photography is an expression of feelings. Many of Patterson’s photographs are plants like trees and wild flowers, which make him feel happy, and they are free and have no limitations. Patterson thinks that photography starts with subjects such as wild flowers, sunrises, children, motorcycle gangs, gothic cathedrals etc†¦ Freeman Patterson does both coloured and black and white prints. He also ventures into some double exposures. Patterson does a lot of his photographic work at his home in New Brunswick, but does travel to take photos and to teach others about photography. So Freeman Patterson is interactive with many of his admirers due to him giving seminars and producing his own books about photography, all of which also makes his photos unique and organized, with a sense of freedom in his prints. The next famous photographer is Annie Leibovit’s, who was born in West Port, Connecticut, in 1949. When Annie was 22 she received her Bachelor of Fine Arts degree from the San Francisco Art Institute. At the age of 20 Annie was living in Israel and was helping in an archeologically dig near the famous Temple of King Solomon, where she took some photos of. After she received her BFA she continued to study with another photographer by the name of Ralph Gibson. Ralph Gibson taught her a few things about photography and he was an inspiration to the way she took some of her photographs. In Washington D. C Annie owns her own show called â€Å"Women†, which is located at the Corcoran Gallery of Art. In the past, Leibovitz has taken pictures of famous actresses such as a pregnant pose by Demi Moore and Jerry Hall breast-feeding her child. Annie photographed many people such as a former governor, two Supreme Court justices, an astronaut, a drag racer, and many more. Most of her artwork contains pictures of rock stars, fashion and advertising, and women. One of her most memorable photos is a naked picture of John Lennon and his fully clothed wife Yoko Ono in bed. This picture was taken two hours before John Lennon’s death in 1980. Since the 1980’s, Annie Leibovitz has taken many photographs of people living with Aids and photographs from a study of Sarajevo and its people. Leibovitz took pictures for magazine companies that she worked for such as: â€Å"Rolling Stonesâ€Å", â€Å"Vogue†, and â€Å"Vanity Fair†. Annie’s Photography career started in 1970 when she gave some samples of her work to the â€Å"Rolling Stone† magazine. Later on in the mid 1970’s she became the chief photographer for â€Å"Rolling Stone Magazine† as well a concert-tour photographer for â€Å"The Rolling Stones†. One of Leibovitz photographic projects was the book â€Å"Olympic Portraits†. This was an on going two-year project for her, that showcased athletes practicing for the Olympics. This book was published in 1996. Another project was a book published in 1999 of women’s photographs. Leibovitz artwork consists of using the whole subjects body captured in action (physically). One of the great things that Annie Leibovitz has experienced is that she is the first woman ever, and only the second living photographer to have her work shown in the National Gallery of Smithsonian Institute, in Washington D. C. which took place in 1991. Annie Leibovitz captures her effects with artificiality, flair and outrageousness, and that is what makes her artwork different from other portrait photographers. These photographers have lead remarkable lives and have evolved and developed throughout their lives. These changes are shown through their amazing photography work. Jerry Uelsmann, Annie Lei bovitz and Freeman Patterson’s unforgettable photos make them all so much different from any other photographers. Bibliography Ames, J. , Uelsmann Process and Perception, Florida: University Presses Of Florida, 1985. Anderson, J. , â€Å"Leibovitz, Annie†, Leibovitz, Annie An Encarta Encyclopaedia Article, [Internet], Sept 19, 2001. Available: http://www. encarta. msn. com/find/concise. asp Freeman, J. , â€Å"Jerry N. Uelsmann†, Jerry N. Uelsmann, [Internet], Sept 17, 2001. Available: http://www. arts. uf/edu/art/creative_photography/faculty/jerry_uelsmann/portfolio. shtml Ozeroff, W. , â€Å"Camera Looks Both Ways†, Freeman Patterson: Shadow Light – A Photographers Life, [Internet], Sept 19, 2001. Available: http://www. canoe. ca/jambooksreviewss/shadowlight_patterson. shtml Patterson, F. Photography For The Joy Of It, New York: Key Porter Books Ltd. , 1989. Squiers, C. , The Importance Of Women, American Photo: Hachette Filipacchi Magazines Inc. , March/April 2000. Unknown Author, â€Å"Annie Leibovitz Biography†, Annie Leibovitz Biography, [Internet], Sept 19, 2001. Available: http://www. shinegallery. com/anniebog. shtml Unknown Author, â€Å"Biographyâ₠¬ , Jerry Uelsmann’s Biography, [Internet], Sept 19, 2001. Available: http://www. uelsmann. com/bio. shtml Unknown Author, â€Å"Biography Freeman Patterson†, Freeman Patterson Biography, [Internet], Sept 19, 2001. Available: http://www. freemanpatterson. com/biograph. shtml Unknown Author, â€Å"Books By Freeman Patterson†, Photography Books By Freeman Patterson Presented By Webphoto. com, [Internet], Sept 19, 2001. Available: http://www. webphoto. com/book/patterson/ Unknown Author, â€Å"Jerry Uelsmann†, Apple – Apple Masters – Jerry Uelsmann, [Internet], Sept 17, 2001. Available: http://www. apple. com/applemasters/juelsmann Verzia, S. , â€Å"Annie Leibovitz Lou†, Annie Leibovitz, [Internet], Sept 19, 2001. Available: http://www. kuttara. gratex. sk/krajavicova/leib/annie_a. htm

Wednesday, October 23, 2019

Nursing Process-Evaluation Essay

The nurse requires an extensive knowledge base in order to accurately evaluate the effectiveness of the goals set forth in a nursing care plan. The knowledge a nurse gains is not solely based on the extent of her or his education. In addition, the experience and ability to recognize changes which require intervention are imperative to the development and expansion of a nurse’s knowledge base. The process by which a nurse is able to demonstrate his or her ability to effectively evaluate a patient is â€Å"generated by observation, experience, reflection, reasoning, or communication as a guide to belief and action† (Alligood, 2010). The nurse’s knowledge is imperative in each step of the nursing process. The nurse must be able to gather information related to the patients physiological, psychological and sociological conditions in order to develop effective nursing diagnosis and the appropriate plan of action to implement for each. The nurse continually evaluates the patient’s condition, revises nursing diagnosis, makes changes to the plan of action, and implements new tasks or interventions as necessary. Alligood noted (as cited in Andrews & Roy, 1999), in the evaluation phase, the nurse judges the effectiveness of the nursing interventions that have been implemented and determines to what degree the mutually agreed upon goals have been achieved†. Reference Alligood, M. R. (2010). Nursing theory: utilization & application . (4th ed., pp. 294-315). Maryland Heights, MO: Mosby Elsevier. â€Å"Evaluation is ongoing and encompasses a repetition of the appraisal process. Emphasis is placed on the identifying perceptions of dissonance with respect to the initial pattern appraisal. The evaluation process is ongoing and fluid as the nurse reflects on his or her intuitive knowing. P298 Manifestations of pain, fear, and tension with family members are appraised. The nurse intuitively evaluates the amount of dissonance that is manifested.p302 Evaluation requires that the analysis and judgment be made to determine whether those behavioral changes stated in the goal statement have, or have not, been achieved by the recipient of nursing care (Andrews & Roy, 1991b). P315

Tuesday, October 22, 2019

buy custom A Correlation Between Information Technology Access and Economic Development essay

buy custom A Correlation Between Information Technology Access and Economic Development essay There is a correlation between information technology access and economic development. However, in the developing world, there exist disparities in terms of information technology access between developed and the less developed world. Moreover, in the less developed world; these differences are reflected between urban and rural areas, with urban areas being prioritised to get access to information technology. These differences result from unethical practices by governments and influential political elites who influence the way access to information technology is distributed in their countries for their personal gains. People in the rural areas are deemed as not being in need of information technology thereby discriminating against them. Access of information in the less developed world is dependent on education level and income. People with good education have a good income, which enable them to access information technology. Moreover, their education levels enable them to use the information to better their lives. The gap in technological advancement between the developed and the less developed countries has posed a major ethical issue in the world. Businesses in the less developed world, in their attempt to match the competition in the world market have used unethical practices such as information gathering through dubious means such as spying and violating property rights. Such practices raise questions as to whether new ethical measures need to be put in place. However, what is more important is for the governments of these less developed countries to cultivate a culture of ethical practices in their nations in the whole population without discrimination. A case in India has been used to show-case how non-discriminatory policies in distributing information technology infrastructure have transformed farmers in different villages. The farmers have access to information on new farming practices and prices in different markets. This enables them to make informed decisions thereby transforming their lives. Buy custom A Correlation Between Information Technology Access and Economic Development essay

Monday, October 21, 2019

Dolphin and Human characteristic essays

Dolphin and Human characteristic essays Since the beginning of life, people have been changing. The way we dress, act, live, and communicate have evolved throughout time. People are very amazing, especially when we do various dangerous stunts. People are friendly, thats why we have pets. For example, A dog is a mans favorite pet. This results that man loves animal. The way animal love humans. Animals are very intelligent, they can learn things very quickly. I honestly think dolphins have the similarity of a person. Dolphins should be considered a person. There are so many things that are in common. First of all, Dolphins behave exactly like a person. Humans give birth to a child which takes 9 months and dolphins give birth to a child which takes 12 months. Just as a person, a dolphins breeds its child. By the way, dolphins are mammals like humans. Also, surprisingly, dolphins live in groups which are their family. Humans live in families as well. They also have emotions that can affect their living, just like humans. Plus, dolphins dont harm humans, however they can easily kill us. This shows us the bond between dolphins and humans. The brain of a dolphin is similar to a human brain than any other animal. The brain of a dolphin is a bit bigger than ours. Dolphins are very brilliant animals. They can pick things up very easily. When you teach a dolphin something, they can learn it very quickly. Dolphins communicate in a way where they whistle instead of speaking like us because they dont have vocal cords. Dolphins have emotions. It depends on how their feeling. For example, If a dolphin is very happy they can do many stunts like flips. Humans in the other hand, when they are happy, we might go to a party and enjoy ourselves. Dolphins use sonic waves to communicate and see the world around them. A dolphin might use their sonic wave to sense a animal that might be near by. T...

Sunday, October 20, 2019

Butch and femme roles of lesbians

Butch and femme roles of lesbians Butch and femme roles were extremely important to the community in the forties and fifties; it was the butch role that was the most visible, and therefore the most likely to cause public scorn (Weissman and Fernie). The two sources, The Reproduction of Butch – Femme Roles by Madeline Davis and Elizabeth Lapovsky Kennedy and Forbidden Love by Aerlyn Weisman and Lynne Fernie focus particularly on the function of the butch role among working class lesbians in Buffalo. These sources draw on articles, oral histories and interviews of lesbians from the early twentieth century. Both the resources state that, although â€Å"gender-appropriate† styles and behaviors were rigidly enforced in order to maintain a clear distinction between the sexes, butch women’s choice to not only reject traditional femininity but to also actively adopt masculinity was perceived as a threat to the very order of society and a prelude to social chaos. Despite the fear, and likelihood of haras sment by police and other straight men, the courage of butches to claim their identities in many ways prepared the way for later generations of lesbians to break free from the narrow conventions of socially constructed womanhood and claim access to a kind of power traditionally held only by men (Weisman and Fernie). As a result, male representations of lesbian sexuality have had the most influence in shaping attitudes towards butch and femme identities throughout the twentieth century. Such representations have almost always assumed the lesbian role -playing is an imitation of heterosexuality. The main theory underlying the feminist disregard of role – playing is that roles depend on sexual difference, which is naturally hierarchical, polarizing, and oppressive. Sexual difference is the grounds on which heterosexual roles are built, and thus contains within it an inherently unequal distribution of power. In the relationship of a butch and femme, since the identities of both a re built on popular cultural stereotypes of male and female behavior, they tend to reinforce the inequality in power inherent in this dichotomy. In addition, in most cases one of the partners is active, strong, dominant, and initiating whereas the other partner is passive, weak, submissive, and enduring. The partner who is dominant in this equation mimics the role of a male in a heterosexual relationship, whereas the passive, weak and submissive characteristics belong to that of the female. Thus, because the butch- femme roles have the potential for being just as sexist as heterosexual roles, they imitate the latter, especially when talking about power relations between two partners. (Weisman and Fernie) According to Judith Roof’s article, â€Å"The Match in the Crocus: Representations of Lesbian Sexuality,† the representations of lesbian sexuality in the dominant discourse often evoke the phallus by calling attention to its absence or substitution in sexual relations between women, so that it appears and seems necessary, at least symbolically, because of the inconceivability of sexuality without a phallus present. Therefore, lesbians are often depicted as having appropriated the penis, masquerading as though they really had it, and thereby assuming male privilege and acting upon it. This evokes the stereotypical image of the lesbians by phallocentric discourse and is seemingly embraced by the lesbian community in the form of butch roles. What Roof’s analysis makes possible is an understanding of the ways in which the dominant ideology has a vested interest in making the butch – femme role playing appear to be a mere replica of heterosexuality, as a way of calming male anxiety over the threat of female appropriation of male dominance. Thus, because the absence of the phallus requires them to achieve the balance through role playing, they merely are merely imitating the heterosexual norms.

Friday, October 18, 2019

Answer the 5 questions Essay Example | Topics and Well Written Essays - 1000 words

Answer the 5 questions - Essay Example During wars, it is not uncommon to hear that efforts are being made to ensure that children, for example, are protected; yet it is on record that these same people they claim to be protecting lose their lives, at worst, or get injured at the least. The second premise provided is that wars destroy property. This seems to be one of the most conspicuously evident of all the premises given. To know if indeed war has ravaged a place, one has to check if there is a dearth in the property owned by those devastated by war. During wars, properties that have been gathered over many years turn into ashes within a couple of minutes, leaving a permanent and horrific dent in the lives of people. environment that was formerly good to behold becomes a ghost of itself. Of course, closely-knitted to environmental issues is the wellbeing of the people that dwell within such an environment. In any place that has been ravaged by war, preventable illnesses are what usually send people to their early graves. The effects of wars on the environment are particularly felt after the wars have been spent. The amenities which make life easy to live are also destroyed. It is not even enough to say that social amenities are destroyed, it is also important to say that they have upsetting effects on the environment. Thus, they consequently, inhibit people from living a life of high social standing because anywhere there is threat of starvation, one’s social standing doesn’t come to mind. The fourth premise is that wars often lead to rise to power of authoritarians, who more often than not are warlords or anarchists. In any society where there is a total breakdown in order, law and harmony, loopholes are created for people who are undeserving of power to occupy opposition they do not deserve. It is a common parlance that power corrupts and absolute power corrupts absolutely. As a result of the foregoing, whenever those who are undeserving of

History Research Paper Example | Topics and Well Written Essays - 1250 words

History - Research Paper Example Nonetheless, the civil rights movement comprised various African-Americans, who led in the struggle for racial equality, since the blacks in America were entitled to less privileges compared to the whites. This essay focuses on the civil rights movement from WWII until 1968, this therefore, is the period between 1938-1968, with special attention on major events, which indicate struggle for racial equality by African-Americans, and whether they won or lost in their different struggles for equality. Although the Civil Rights Movement is associated with the African Americans only, this was important for both African Americans and the whites. After the civil war, which was detrimental to America, the country was left with many national issues to address in order to ensure stability of the nation and its people. It was during this period, after the civil war, which is also called the reconstruction period that major civil rights movement were experienced. During this era, America had a co nsiderable number of its population comprising African Americans. These were former slaves, who upon being freed, needed to find land, build homes, settle down, and live a free life, like any other white person. Therefore, the American governments had a responsibility of addressing the needs of the former slaves in order to ensure there entry back into the society, as free people. However, when the government failed to address the issues of the African Americans in a fair way, these would rise up and demand for fair treatment and fair legislation, which did not deny them of the privileges the whites were entitled to. Therefore, this continued struggle for racial equality is what gave birth to the modern civil rights movement. Before the WWII, the American government, starting the late 19th Century, had used the legislation to enable the integration of African Americans back in the society as free people. Although the government based its decisions and legislation on the doctrine of â€Å"separate but equal,† there were vast elements of racial discrimination, as the African Americans were not free to share public space or enjoy the privileges of same legislation with the whites. Public places and amenities such as restaurants, schools, bus and railroad stages, among others, were separated between the whites and African Americans. Facilities belonging to African Americans were of poor quality, and inferior, compared to those of whites. This was one of the situations, which would result in the civil rights movement. In 1938, one major incidence that showed struggle for equal rights was experienced in one of the Southern states. In these states, there was a high level of inequality of the African Americans, compared to other states. Southern states did not allow for the admission of African Americans in institutions of higher learning, but referred them to institutions of higher learning in the northern states. However, in 1938, one African American student , who was denied admission to the University of Missouri Law School, filed a case in court, since he wanted Law in this particular university, as others did not offer law. Nonetheless, the courts ruled that the student be admitted in the university. This is one of the incidences, which portray the struggle of African Americans to gain equal opportunities with the whites in America. During the WWII, African Americans

MECHANISMS FOR EVALUATING FINANCIAL HEALTH OF HEALTH CARE Essay - 1

MECHANISMS FOR EVALUATING FINANCIAL HEALTH OF HEALTH CARE ORGANIZATIONS CS - Essay Example The total revenue for Pearland Medical Center reduced by $250,000,000 in the year 2013, compared to the revenue the firm had generated in the year 2012. At the same time, the operating expenses reduced by $200,000,000, which means that the net income of Pearland Medical Center reduced by $50,000,000 between the two years. The net revenue for 2012 and 2013 was $915,000,000 and $865,000,000 respectively. On the other hand, the total profit for the same period was $965,000,000 and $915,000,000 for 2012 and 2013 respectively. The cash flow of the Medical Center was equal to the total profit of the company since the inflow of the business was only through revenue and the cash outflow was through marketing, operating, research and education expenses. However, sinceBut depreciation is a non-cash flow item in this scenario, it should be used to establish the total profit and the net cash flow of Pearland Medical Center (Fridson & Alvarez, 2011). The profit margin measures how much every dollar revenue a firm keeps in its earnings (Albrecht & Albrecht, 2008). The total profit margin of the firm stood at 69% and 61% in 2013 and 2012 respectively. This means that the firm realized a net percentage of $0.69 and $0.61 for every dollar of sales. This showed that Pearland Medical Center’s ability to control its expenses, improved in 2013 as compared to 2012, and it is attributed to a reduction in operating expenses by $200,000,000. On the other hand, the total profit margin, excluding grants and investments, stood at 59% and 48% in 2013 and 2012 respectively. This implied that the firm’s earnings from every dollar it had invested reduced to 0.59 and 0.48 per dollar as a result of the exclusion of grants and investment in its revenue. Based on the income statement report, the firms financial health is not badly off because Pearland medical center made some positive returns from its investments. But if they are

Thursday, October 17, 2019

Philopsphy paper Term Example | Topics and Well Written Essays - 1250 words

Philopsphy - Term Paper Example This paper applies these two theories of ethics on particular concrete cases. The cases are, keeping/breaking a promise, abortion, and Euthanasia. As sources of information, two books are used: Practical Ethics, by Peter Singer, and Ground Work of the Metaphysics of Morals, by Emmanuel Kant. Before applying the two ethical theories to the above cases, it is important to first give an overview of each of the theories. To begin with, the utilitarian theory of ethics is an end based theory. In other words, in determining the morality of an action, the proponents of utilitarian theory will focus on the end result of the action, and if the end product of the action will result in greater good to the majority of people, i.e. if the action will maximize happiness for the majority, then the action is a morally right action (Singer, 3). On the contrary, if the action diminishes happiness, or makes the majority of people to suffer, then the action is morally wrong. Deontological theory of Ethi cs on the other hand is based on the law or the duty ( Kant, 13-15). This means that an action is regarded as being morally right if it is done in accordance with the requirements of the law, or in fulfilment of one’s obligation. ... tological theory of Ethics, the main question that we should ask ourselves is whether or not the act of breaking or keeping the promise is in line with our obligations or the law. Emmanuel Kant, one of the main proponents of deontological theory of Ethics argues, in his famous categorical imperative, that before taking an action, we should ask ourselves whether we would wish our manner of acting to be made into a universal law applicable to all similar cases (Kant, 18). Kant, therefore, is of the view that we have the obligation to treat others as we would like to be treated. In this sense, breaking a promise that we have made is morally wrong because we would also not like somebody who has promised us something to fail to keep their promise. We should always keep our promises since we have an obligation to fulfil what we have promised to do. A utilitarian on the other hand would base their judgement on the consequence or the end result of either breaking or keeping ones promise. If the action will maximize the interests of the majority, then the action is morally right, and on the contrary, if the action will result in diminishing happiness to the majority of people, then the act is morally wrong. On this basis, a utilitarian wouldn’t give a definitive answer on whether the act of keeping or breaking a promise is intrinsically wrong or right. A utilitarian will conclude that the morality of the action of either keeping or breaking a promise will greatly depend on the particular circumstance at hand. If the circumstance is such that keeping or breaking a promise will lead to greater happiness for the majority, then the action is morally right and if the action will lead to suffering of the majority of people, then the action is morally wrong. Abortion The main

Who Is Responsible for the Actions of the Weak-Minded, Hypnotized, or Case Study - 2

Who Is Responsible for the Actions of the Weak-Minded, Hypnotized, or Paranoid - Case Study Example A was sitting on a park bench. A was of a nervous disposition. A saw three youths walking towards him. One of the youths was swinging a bicycle chain in his hand. A was apprehensive that they were going to attack him. A stood up and started to walk away. The youths followed. A turned around and shouted: ‘one step further and I’ll defend myself’. The youths believed they were being threatened and one ran away. The second youth was unable to run because he had heart illness. His brother, the third youth, stayed with him. The second youth, who by now was feeling very unwell, stumbled forward and fell on A. A believed that he was being attacked and kicked the second youth-inducing a heart attack. The third youth entered the melee to protect his brother and punched A in the face before a passer-by stopped the melee. The youths had not intended to attack A but had been walking through the park to retrieve a broken bicycle. Advise as to any criminal liability. Cite appropriate cases and/or authorities in support as necessary. Lukas, a 14-year-old, was playing next to a main busy road. He threw stones at passing traffic. Sheila who was driving her car on the main road was struck by one of the stones causing the car to crash. Sheila suffered back and neck injuries. Lukas also threw another stone at Jack’s lorry as it drove past but the stone missed Jack and instead hit Andy’s van, smashing the windscreen and causing Andy facial scratches and several cuts to his hands. Lukas was arrested and during the police interview, it appeared that Lukas was of low intelligence and had not realized the dangers of throwing stones. Advise as to any criminal liability. Cite appropriate cases and/or authorities in support as necessary.

Wednesday, October 16, 2019

Controversy Analysis Essay Example | Topics and Well Written Essays - 1250 words

Controversy Analysis - Essay Example Notably, Zhang (2011) identifies that china sits on the world’s most underdeveloped resource of shale gas. Significantly, China has adopted the above drilling technology in order to replicate US’s victory in utilizing unconventional energy. Considerably, the debate rests on safety and the suitability of the technology in china. That is, whether china has conducted an efficient situational analysis before embarking on fracking process (Zhang 3). It is worthwhile noting that, China hopes that shale gas can change her the same way it has transformed the US boom. However, currently there is little production commercially; hence, the 6 billion in cubic meters of shale gas target by 2015 seems impossible according to experts. The insufficient experience among some firms in exploiting shale will create a significant challenge to mine the gas. Additionally, if the firms cannot deliver the country has to struggle to diminish its reliance on expensive oil and gas imports. Moreove r, the action winner must buy in the proficiency they require; hence, offering the scene of worthwhile contracts for specialist firms for the fracking technology to mine the gas. Notably, Zhang (2011) identifies that the initial shale auction in the past two years was under the dominance of key state energy firms in china (Zhang 5). The second action witnessed the entrance of myriad firms, a, electric group that entailed a developer of real estate, a trader of grain, and a dealer of tobacco, enticed by subsidies of gas and assisted by funds access. The bidder’s profile reflected the fever pitch out off shale, as well as its potential along with the government’s efforts to imitate the circumstances that underpinned the US revolution of shale; competition among a number of autonomous drillers. Significantly, they will have acquired insignificant data regarding the blocks, the costs of the well’s exploration and the costs of the development process. Mainly the firm s are merely driven by the forces of entering early in somewhat a huge market. It is significant emphasizing that, the potential in china is clear. Significantly the government has put technically remunerable shale gas reserves at about 25 tcm. In comparison, the US Agency on energy information puts it at about 36.1 tcm, both of which are langer compared to US reserves which are estimated at around 24.4 tcm. However, the shale deposits in china are significantly found deeper underground compared to the ones in the US and there are more scattered reserves; hence, making it complex to acclimatize the technology that has delivered in the US to the geology of china. Notably, the key oil firms like PetroChina, as well as Sinopec working on what are regarded among the excellent prospects have made slow progress. Considerably, Zhang (2011) identifies that by the year 2012 they had drilled over 60 wells of shale especially around the Sichuan basin, although PetroChina had produced merely ov er 11 mcm in its key area by the month of November same year. Notably, the work for the winning companies in the second auctions is made significantly difficult by the problem of insufficient potential in the offered acreage (Zhang 4). Background Companies such as RSDSA and Petroleum corp. of china have started drilling shale gas in Sicuan. Notably, the above- mentioned province is seismically active, a process which increases the risk of causing quakes.

Who Is Responsible for the Actions of the Weak-Minded, Hypnotized, or Case Study - 2

Who Is Responsible for the Actions of the Weak-Minded, Hypnotized, or Paranoid - Case Study Example A was sitting on a park bench. A was of a nervous disposition. A saw three youths walking towards him. One of the youths was swinging a bicycle chain in his hand. A was apprehensive that they were going to attack him. A stood up and started to walk away. The youths followed. A turned around and shouted: ‘one step further and I’ll defend myself’. The youths believed they were being threatened and one ran away. The second youth was unable to run because he had heart illness. His brother, the third youth, stayed with him. The second youth, who by now was feeling very unwell, stumbled forward and fell on A. A believed that he was being attacked and kicked the second youth-inducing a heart attack. The third youth entered the melee to protect his brother and punched A in the face before a passer-by stopped the melee. The youths had not intended to attack A but had been walking through the park to retrieve a broken bicycle. Advise as to any criminal liability. Cite appropriate cases and/or authorities in support as necessary. Lukas, a 14-year-old, was playing next to a main busy road. He threw stones at passing traffic. Sheila who was driving her car on the main road was struck by one of the stones causing the car to crash. Sheila suffered back and neck injuries. Lukas also threw another stone at Jack’s lorry as it drove past but the stone missed Jack and instead hit Andy’s van, smashing the windscreen and causing Andy facial scratches and several cuts to his hands. Lukas was arrested and during the police interview, it appeared that Lukas was of low intelligence and had not realized the dangers of throwing stones. Advise as to any criminal liability. Cite appropriate cases and/or authorities in support as necessary.

Tuesday, October 15, 2019

Promote Products Essay Example for Free

Promote Products Essay 1. 1 Choose a product or service that could be promoted. Explain how and why you would promote that product or service. Identify at least three types of personnel you could use to help you plan and organise the promotion. What role would they play? How would their skills and experience help you? At work we are currently promoting our GPS products. We have chosen to promote these via direct marketing and by targeting certain business types. I liaised with our sales consultants, who talk to these people on a daily basis, to advise on what language should be used and what information they felt was most relevant to put across. We needed a graphic designer to create and develop ideas for the letters and DL flyers being sent. I also needed to involve juniors in the business to assist with folding letters and stuffing envelopes as we had determined that this would be a cheaper option for the business than using a mail house. 1. 2 Make a list of resources you would need for the promotion and identify where you could get them. Explain any actions you would need to take in order to have the resources ready for promotion. The database we purchased contained 7,000 leads so we then needed to purchase paper, envelops, ink, return stamps and organise postage. Paper, envelopes and labels for return address were all ordered in advance from Staples. Ink was also pre-ordered to ensure we didn’t run out during the print job. We then liaised with Australia Post to determine the best way to post this number of letters. We chose their â€Å"clean mail† option which meant having to mark each envelope with a pre paid stamp before taking to the post office. This stamp was purchased through Australia Post.

Monday, October 14, 2019

Meaning And Importance Of Intellectual Property Philosophy Essay

Meaning And Importance Of Intellectual Property Philosophy Essay Intellect is the power of the mind, the power of mind to think and imagine and innovate. Intellectual property is that kind of property which is a thought by ones mind. It is the property over certain ideas of the mind. Certain creations of mind are recognised as special creations and they can be protected through law. There is a different branch of law known as intellectual property law which deals with the legal aspect of intellectual property. Intellectual property is basically an intangible asset as it cannot be seen or touch but its affects can be felt. Artistic works, musical works, discoveries etc come under the scanner of intellectual property laws. These can be discovered by anyone, but the first one to discover them usually gets to have a legal right over his findings. Copyrights, trademarks, patents and trade secrets are some common types of intellectual property rights that one may resort to legally protect ones discoveries or thoughts. The term of intellectual property i s not very old and it has come to the surface in the 19th century itself. It was in the late of the 20th century when finally the word intellectual property gained importance in the world. It gained the most acknowledgement and importance firstly in the United States of America. Intellectual property owners with the help of intellectual property rights benefit from their intellectual property by earning monetary gains from it. Such property provides financial incentives to them. As the economic conditions of the world have become better more and more emphasis on intellectual property rights is being given these days. Especially in developed countries like U.S.A. and U.K. intellectual property plays a major role in the overall economy of these countries. As large as two thirds of the total assets of these countries can be traced back to nothing more than intellectual property i.e. intangible assets. Not only this, a recent study has found that businesses which have intellectual properties as their assets were earning more revenues than companies which did not have any intellectual property. Some economists suggest that strengthening the intellectual property system directly benefits the overall economic conditions of enterprises. Intellectual property rights are usually applicable to goods and services which can usually be used by one and all. This implies that even though a person may claim to have an intellectual property right on any given good, this will not stop or hinder any other person from using such goods. Intellectual property recognises the efforts of an individual. For example we can say that a certain individual formulated a given scientific formulae and he got intellectual property rights over that formulae. Even in such a condition anyone and everyone who wishes to use that scientific formulae for an experiment is allowed to use it, the creators intellectual property rights do not and cannot bar him from using that formulae. Moreover economists also agree that patents and copyrights do not create monopolies they just simply act as rewards for people who have discovered new things. They only facilitate monetary rewards for the discoverers as remuneration for their efforts but in no possible way do intellectual property rights create monopolies. Although intellectual property has gained a lot of importance around the world, but it has never stayed out of controversies and it has always been criticised by many. Some go up to the level and claim that the term intellectual property itself is meaningless and creates confusion and is of no use at all. Some economists believe that copyrights and patents are harming the concept of a free world where anyone and everyone have equal rights to do business. Some people believe that intellectual property rights harm public interests. The intellectual property laws need to expand more and diversify more in order to gain importance and credit. WHAT IS INTELLECTUAL PROPERTY EXACTLY? Intellectual Property more commonly known just as IP is nothing more than the creations of a mind of an individual. These create various inventions, names, images, design etc. Intellectual property is usually sub-divided into two categories: Industrial intellectual property and Copyrights. Industrial intellectual property includes acts like inventions, trademarks and industrial discoveries etc. Copyrights may include works of art and literature. These may be poems and novels and plays etc. Any kind of innovation by an individual or a group can be called as their intellectual property. Even traditional discoveries by local communities are their intellectual property. But since these practices are traditional so most of the times they are not given the status of being intellectual property. We need to understand that most of the things around us have an origin and at some point of time in the history they must have been invented. Anyone who was involved in inventing that device or article can claim that object to be his or her intellectual property. Intellectual property rights have a huge impact on international trade and indigenous trade. In todays modern world intellectual property and its rights have become more important. With the invention of internet and as the world has become more and more dependent on using internet the chances of ideas being stolen and being misused have become higher and higher. Due to this people who invent or discover anything new have to get them patented or copyrighted as soon as possible. Misuse of ideas generated by other persons has become one of the most common crimes of these days and the only sufferers are the inventors and discoverers. Ideas are becoming a more and more important aspect of trade in the modern world. All kinds of high technology products in the market today are born out of great ideas of individuals. Invention, research, design these are the pillars over which new discoveries are being made today. Intellectual property rights have added a lot of intrinsic value to all kinds of products. For example in the clothes industry a particular brand name is nothing but intellectual property, a brand name is an intangible asset. But clothes sell because it has a brand name, so here we see and understand that how intellectual property adds value to products. Creators of various products and services and people who have various ideas have the right to protect their ideas and similarly they have the right to share their ideas with others too. INTELLECTUAL PROPERTY AND ITS IMPORTANCE IN VARIOUS PARTS OF THE WORLD: The importance of intellectual property and their rights varies in different parts of the world. Various law enforcement agencies around the world give different levels of importance to intellectual property. Intellectual property now a day has become more and more important and almost all the countries who depend on international trade are taking some interest in intellectual property and its related rights. It has been found by a study that intellectual property rights are a reason of stress and tension amongst countries who indulge in international trade. It becomes difficult for inter-country trade to take place smoothly if there are a lot of intellectual property rights which are present. Moreover the indigenous industrialists and other people who have innovated are harmed if their intellectual property rights are completely abolished. Therefore it is a must for the countries to strike a balance between the two. In the new century common intellectual property rights are being formed by various countries in order to get over hindrances and problems of trade. This is seen as a positive step by all and it is almost assured that this step will benefit the international step positively. The TRIPSs agreement of the world trade organisation is one such step which defines the level of intellectual property rights a given member can enforce and this has helped in narrowing the gap in international trade. This agreement defines basically the minimum level of intellectual property protection that a government can give to its citizens and it also defines the maximum level of intellectual property protection which may be provided by a member country. The countries must form their intellectual property rights and laws in such a manner that a balance is struck between long term benefits and the short term losses that a countrys citizens may need to pay. Society will benefit if intellectual property rights encourage protection up to only a limit and such rights are given in special cases only. But the concerned governments should also ensure that some basic level of protection for intellectual property must also exist and they should be properly applied and the peoples right must be protected properly. (Intellectual property: Protection and Enforcement) WHY IS IT IMPORTANT TO PROTECT INTELLECTUAL PROPERTY? Issues regarding intellectual property are growing by the day. There are a lot of talks going on related to intellectual property rights these days. Most of the times, these issues are given more attention. The aspect of protecting intellectual property has become more important these days than it should be. It is demanding far too much attention that it deserves in reality. We need to understand the basics and look into the fact that why in the first place was intellectual property rights formed. We need to understand what role do such rights play in todays world. We come at a conclusion that protecting intellectual property rights of individuals and groups and companies is a basic social requirement. It is a need of any society to have its intellectual property rights protected more than anything else. COPYRIGHTS INTELLECTUAL PROPERTY ON THE WORLD WIDE WEB: Protecting intellectual property plays an important role in the overall development of the nation on the grounds of economy, society etc. Copyrights are one of the most important forms of intellectual property rights. Copyrights are nothing but an assurance to people that they are allowed to reap the fruits of their hard work and they will get the credit that is due to them for inventing something new. As we know that social intellectual property rights also play in intrinsic part in the social development of any society. Copyrights in particular are used more while protecting social intellectual property. Artists and creators protect their intellectual property with the help of copyrights. Now a daze a new concept of piracy has developed in the modern world. Piracy is the unofficial use of copyrighted material. Movies and songs around the world are being pirated on a very wide scale. Songs and movies are copyrights of their producers and they have the right to earn money whenever someone is using them, due to piracy the work of art and hard work is being distributed around the world without the producers getting any money from it. This is the reason why downloading pirated movies and songs have become illegal in countries like United States of America, United Kingdom, and Australia etc. Cyber crimes are one of the main threats to intellectual property. The most common source of damaging intellectual property in the 21st century is through the internet. But it must be noted here that most of the count ries in the world still have no laws against cyber crimes and now laws to protect intellectual property from being misused through the internet. It must be also noted that by the turn of the 21st century the intellectual property rights had also become rigid in many countries which were applying them since the 1980s and 90s. It had almost become impossible for people to enter into many fields because they had become so rigid, and companies which were already in a given field had got patented and copyrighted almost anything and everything that could be researched in that field. There were many areas of business which were being dominated by large production houses and such production houses had virtually created their monopoly with the help of misusing the intellectual property rights. The areas in which patent can be taken are being cut down and existing patents and copyrights which are basically being misused are also being taken away. We must realise that striking a balance when it comes to intellectual property rights is becoming very important. More than often we are finding that such intellectual property rights are misu sed by the rich and powerful rather than being used to protect their interests. They use such rights in order to prevent others from progressing and not to prevent their own property being misused. (Intellectual Property-Rights and Wrongs) Governments should also realise that not only is striking a balance important to protect the society but its also important when it comes to international trade. SHARING MATERIAL: The debate on whether to share or not the copyrighted material is a never ending one. There are a thousand views and no one can be said to be the perfect one. As the 21st century has dawned in people have discovered various methods of sharing material. A new term called peer to peer (P2P) sharing has developed. Peer to peer sharing is happening on an unimaginable scale over the internet every second. Most of it is happening for free and the content it involves is usually copyrighted. Keeping aside the arguments and debates sharing material should depend on whether the owner of the material has realised his cost out of the article and his profit out of it, if yes, then the material should be shared otherwise no. This is the simplest and the most affective argument related to sharing which experts have. CONCLUSION: As we conclude this report we find out that intellectual property the concept itself is not very old. This concept was formed somewhere in the late 19th century. Although it has gained huge popularity only in the 1970s and after that it is continuously increasing. Intellectual property itself could be defined as new ideas and techniques, and new discoveries etc. Intellectual property is an intangible asset. As the concept of intellectual property has gained importance even the concept of intellectual property protection has also gained importance. Countries like England, U.S.A., and Australia are more stringent while applying intellectual property protection. Developing and under-developed countries have less protection to provide to intellectual property. Intellectual property has become a very important part of many businesses and industries in developed countries. Intellectual property is very important and all nations should have laws to protect intellectual property. All nations must duly recognise the intellectual properties of their individuals. We must understand that intellectual property despite being intangible is very important. Economists all around the world have agreed that intellectual property adds huge value to subjects. As the concept of intellectual property has grown so has the criticism around it grown. People believe that the concepts of intellectual property and its protection only create confusions and complications in trade and it is hardly useful at all. With the 21st century knocking on our doors intellectual property protection has become very important as there are many ways now that one can have his intellectual property misused and abused. With the development of internet and its vast usage all throughout the world, crimes related to misuse of intellectual property have grown. Articles, pieces of art like movies and songs which are copyrighted to protect the rights of their producers are being openly misused on the internet through piracy. Last but not the least in order to improve the international trade and in order to ensure long term development of society, countries need to strike a balance on how to protect the peoples intellectual property. The laws should not be too lenient neither should they be too stringent.

Sunday, October 13, 2019

The Most Dangerous Game Essay -- essays research papers

The Most Dangerous Game Have you ever had feelings about something that later changed? In "The Most Dangerous Game" by Richard Conel, I will show how one character changes his opinion about something after he has experienced it himself. Almost all of us have said "Oh that's easy" or "I could do that any day!" and then find out that the task is harder then it looked. In a summary, "The Most Dangerous Game" is a story about a man named Rainsford whom gets stranded on an island with a crazed general. This general is named General Zaroff. Rainsford was an excellent hunter who wrote many books about hunting. General Zaroff was a fan of Rainsford's books, so he immediately knew who Rainsford was when he found him. General Zaroff let Rainsford in and trea...

Saturday, October 12, 2019

Aerobic Dancing and Weight Control Essay -- essays research papers fc

Flat stomachs, tone arms, nice, firm buttocks, and nice shapely legs. This sounds like a familiar dream for many women in the world. Most do not think it is possible for them to achieve, but clearly all it takes is time. Aerobics dancing is one of the most effective aids in weight control, with the added benefits of improved self-esteem and confidence. Many people cannot enjoy life due to their weight and other problems brought on by being overweight. Those who are overweight cannot mentally handle the thought of going out and being seen. That is why solutions for keeping weight within an appropriate range for height, sex, and age are essential. One of the most effective ways of reaching appropriate weight level is through aerobic dancing. Physical changes in one’s life can be beneficial, but that is not what makes a person. A person’s mental health makes one who she is. There are many ways to improve mental and physical health. Dancing burns as many calories as walking, swimming or riding a bicycle. A half-hour of dancing can burn between 200 and 400 calories. One factor that determines how many calories are expended is the distance traveled. In one study, researchers attached pedometers to square dancers and found that each person covered five miles in a single evening. (Dance for the Health of it) The physical changes that can be beneficial to one’s health weigh more than those of the mental state. Even so, it has been proven that the way one feels about ones’ self is better than how one actually is. The point I am trying to get at is self-esteem. Additionally self-esteem can really mold person ality and can determine how a person’s life will end up. For many careers, individuals need to have a lot of self-esteem. Certain available jobs may hire depending on the applicant’s social status and how well he or she can associate with people. People who are not very social because of the fear that they will be made fun of, or are afraid because of their appearance, may allow their weight to interfere with future Hernandez 2 opportunities. â€Å" Because it makes you feel good, you like what you see on the outside and you like yourself more.† (Missett, 21) This tends to help individuals to stand up and be confident enough to go through with public appearance and not care what other people are thinking. When combining aerobic exercise and dance, it is considered a... ...nditions that the patient might have that may cause further risks before advising any workout regimen. People should really start their aerobic Hernandez 6 exercise at a pace that is comfortable with their beginning level of condition, and then gradually accelerate the tempo and frequency of their workouts as they adapt to their new lifestyle. In a short time, people will begin to recognize many health benefits that aerobics can do for them and feel great too. Works Cited Aerobics for health  © Arnot Ogden Medical Center, 1997 Colgan, Michael Ph. D., Optimum Sports Nutrition, Chapter 9, Page 95. Dance for the health of it! Mayo clinic health letter. January 1994 . Last Updated: Sunday, June 23, 1996 Physical Activity and Health 1998 Baltimore County Public Schools Polley, Maxine. Dance Aerobics New York; Macmillan Publishing Company, 1981 Sheppard Missett, Judy. The Jazzercise Workout book New York; Charles Scribner’s Sons, 1986

Friday, October 11, 2019

Homeschooling and Family Education

Homschooling is the education of children at home, rather than other formal settings of public or private schools. Homeschooling can affect a child negatively in some cases. Some of the effects include lack of social interaction, too much protection from the parents and limited exposure to extra curricular activities. One of the negative effects of homeschooling is that it decreases the ability of the child to interact socially with others. As stated by John 2012, â€Å"homeschooling do not teach homeschoolers how to interact with peers and authoritative figures†. Homeschoolers are less exposed to other poeple compared to those who get a formal setting of education. Also, they lack of communication skills with children from different backgrounds (Mead 2009). Other than that, homeschoolers get too much protection from their parents, making it hard for them to adapt in real life situations without their parents protection. Parents must realize they cant protect their children forever ( Family Education 2012). According to Schroeder 2011, real life situations are introduced at schools such as bullying, teasing and public humiliation are a part of life. Children from homeschools may suffer from culture shock when dealing with real life situation (Family Education 2012). Next, another negative effect of homeschooling is the limited exposure of homeschoolers on extra curricular activities. Homeschooled children lack the diverse enrichment activities(Mead 2009). They are also not exposed in group works such as team sports amd performing art clubs as mentioned by Family Education 2012. In conclusion, there are many disadvantages of homeschooling that could have a negative effect on children. Therefore, parents should think wisely before sending their children to homeschools because it lacks of social interaction, too much protection from parents and has limited exposure to extra curricular activities.

Thursday, October 10, 2019

Article 370

ARTICLE 370: LAWS AND POLITICS While the Constitution recognises in Article 370 the special status of Jammu and Kashmir, the Central Government's policies since 1953 have totally undermined its autonomy. Senior lawyer and political analyst A. G. NOORANI discusses both aspects and suggests a way out of the mess. â€Å"I say with all respect to our Constitution that it just does not matter what your Constitution says; if the people of Kashmir do not want it, it will not go there. Because what is the alternative? The alternative is compulsion and coercion†¦ â€Å"We have fought the good fight about Kashmir on the field of battle†¦ (and) †¦ in many a chancellery of the world and in the United Nations, but, above all, we have fought this fight in the hearts and minds of men and women of that State of Jammu and Kashmir. Because, ultimately – I say this with all deference to this Parliament – the decision will be made in the hearts and minds of the men and wom en of Kashmir; neither in this Parliament, nor in the United Nations nor by anybody else,† Jawaharlal N ehru said in the Lok Sabha on June 26 and August 7, 1952. Selected works of Jawaharlal Nehru, Vol. 18, p. 418 and vol. 19 pp. 295-6, respectively. â€Å"From 1953 to 1975, Chief Ministers of that State had been nominees of Delhi. Their appointment to that post was legitimised by the holding of farcical and totally rigged elections in which the Congress party led by Delhi's nominee was elected by huge majorities. † – This authoritative description of a blot on our record which most overlook was written by B. K. Nehru, who was Governor of Kashmir from 1981 to 1984, in his memoirs published in 1997 (Nice Guys Finish Second; pp. 14-5). THOSE who cavil at Article 370 of the Indian Constitution and the â€Å"special status† of Kashmir constitutionally ought to remember the â€Å"special† treatment meted out to it politically. Which other State has been subjected to such debasement an d humiliation? And, why was this done? It was because New Delhi had second thoughts on Article 370. It could not be abrogated legally. It was reduced to a husk through political fraud and constitutional abuse. The current debate is much more than about restoration of Article 370 by erasing the distortions. It is about redressing a moral wrong. The United Front government's minimum programme, published on June 5, 1996, said â€Å"respecting Article 370 of the Constitution as well as the wishes of the people, the problems of Jammu and Kashmir will be resolved through giving the people of that State t he maximum degree of autonomy. † Constitutional abuse accompanied political fraud. Article 370 was intended to guarantee Kashmir's autonomy. On December 4, 1964, Union Home Minister G. L. Nanda said it would be used to serve as â€Å"a tunnel (sic. in the wall† in order to increase the Cent re's power. The State was put in a status inferior to that of other States. One illustration suffices to demonstrate that. Parliament had to amend the Constitution four times, by means of the 59th, 64th, 67th and 68th Constitution Amendments, to extend the President's Rule imposed in Punjab on May 11, 1987. For the State of Jammu and Kashmir the same result was accomplished, from 1990 to 199 6, by mere executive orders under Article 370. Another gross case illustrates the capacity for abuse. On July 30, 1986, the President made an order under Article 370, extending to Kashmir Article 249 of the Constitution in order to empower Parliament to legislate even on a matter in the State List on the strength of a Rajya Sabha resolution. â€Å"Concurrence† to this was given by the Centre's own appointee, Governor Jagmohan. G. A. Lone, a former Secretary, Law and Parliamentary Affairs, to the State Government described in Kashmir Times (April 20 , 1995) how the â€Å"manipulation† was done â€Å"in a single day† against the Law Secretary's advice and â€Å"in the absence of a Council of Ministers. The Nehru-Abdullah Agreement in July 1952 (â€Å"the Delhi Agreement†) confirmed that â€Å"the residuary powers of legislation† (on matters not mentioned in the State List or the Concurrent List), which Article 248 and Entry 97 (Union List) confer on the Union, w ill not apply to Kashmir. The order of 1986 purported to apply to the State Article 249, which empowers Parliament to legislate even on a matter in the State List if a Rajya Sabha resolution so authorises it by a two-thirds vote. But it so amended Article 249 in its application to Kashmir as in effect to apply Article 248 instead – â€Å"any matter specified in the resolution, being a matter which is not enumerated in the Union List or in the Concurrent List. † The Union thus acquired the power to legislate not only on all matters in the State List, but others not mentioned in the Union List or the Concurrent List – the residuary power. In relation to other States, an amendment to the Constitution would require a two-thirds vote by both Houses of Parliament plus ratification by the States (Article 368). For Kashmir, executive orders have sufficed since 1953 and can continue till Doomsday. â€Å"Nowhere else, as far as I can see, is there any provision author ising the executive government to make amendments in the Constitution,† President Rajendra Prasad pointed out to Prime Minister Nehru on September 6, 1952. Nowhere else, in the world, indeed. Is this the state of things we wish to perpetuate? Uniquely Ka shmir negotiated the terms of its membership of the Union for five months. Article 370 was adopted by the Constituent Assembly as a result of those parleys. YET, all hell broke loose when the State Assembly adopted, on June 26, a resolution recording its acceptance of the report of the State Autonomy Committee (the Report) and asked â€Å"the Union Government and the Government of Jammu and Kashmir to take positi ve and effective steps for the implementation of the same. † On July 4, the Union Cabinet said that the resolution was â€Å"unacceptable†¦ would set the clock back and reverse the natural process of harmonising the aspirations of the people of Jammu & Kashmi r with the integrity of the State† – a patent falsehood, as everyone knows. The State's Law Minister, P. L. Handoo, said on June 26 that the people â€Å"want nothing more than what they had in 1953. † Overworked metaphors (about the clock or the waters of the Jhelum which flowed since) do not answer two crucial questions: Can lapse of time sanctify patent constitutional abuse? Can it supply legislative competence? If Parliament has legislated over the States on a matter on which it had no power to legislate, under the Constitution, it would be a nullity. Especially if the State's people have been protesting meanwhile and their voice was stifled through rigged elections. Disapproval of Chief Minister Farooq Abdullah's opportunist politics should not blind one to the constitutional issues. The State's Finance Minister, Abdul Rahim Rather, a moving spirit behind the Report, resents suggestions of political timing. The repo rt was placed before the Assembly on April 13, 1999. The State Cabinet endorsed its recommendations and decided last April to convene a special session of the Assembly to discuss it. The Government of India was â€Å"once again requested to set up a ministeri al committee in order to initiate a dialogue on the report. â€Å" It provides a comprehensive survey of constitutional developments, which is useful in itself for its documentation. It lists 42 orders under Article 370 and gives the following opinion: â€Å"Not all these orders can be objected to. For instance, none can obj ect to provisions for direct elections to Parliament in 1966†¦ It is the principle that matters. Constitutional limits are there to be respected, not violated. † The ruler of Jammu and Kashmir acceded to India by an Instrument of Accession on October 26, 1947 in respect of only three subjects – defence, foreign affairs and communications. A schedule listed precisely 16 topics under these heads plus four others (e lections to Union legislature and the like). Clause 5 said that the Instrument could not be altered without the State's consent. Clause 7 read: â€Å"Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future Constitution of India or fetter my discretion to enter into arrangements with the Government of India under any such future Constitution. † Kashmir was then governed internally by its own Constitution of 1939. The Maharaja made an Order on October 30, 1947 appointing Sheikh Abdullah the Head of the Emergency Administration, replacing it, on March 5, 1948, with an Interim Government with the Sheikh as Prime Minister. It was enjoined to convene a National Assembly â€Å"to frame a Constitution† for the State. Negotiations were held on May 15 and 16, 1949 at Vallabhbhai Patel's residence in New Delhi on Kashmir's future set-up. Nehru and Abdullah were present. Foremost among the topics were â€Å"the framing of a Constitution for the State† and â€Å"the subjects in res pect of which the State should accede to the Union of India. On the first, Nehru recorded in a letter to the Sheikh (on May 18) that both Patel and he agreed that it was a matter for the State's Constituent Assembly. â€Å"In regard to (ii) the Jammu and Kas hmir State now stands acceded to the Indian Union in respect of three subjects; namely, foreign affairs, defence and communications. It will be for the Con stituent Assembly of the State when convened, to determine in respect of which other subjects the State may accede† (emphasis added, throughout). Article 370 embodies this basic principle which was reiterated throughout (S. W. J. N. Vol. 11; p. 12). On June 16, 1949, Sheikh Abdullah, Mirza Mammad Afzal Beg, Maulana Mohammed Saeed Masoodi and Moti Ram Bagda joined the Constituent Assembly of India. Negotiations began in earnest on Article 370 (Article 306. A in the draft). N. Gopalaswamy Ayyangar tri ed to reconcile the differences between Patel and Abdullah. A text, agreed on October 16, was moved in the Constituent Assembly the next day, unilaterally altered by Ayyangar. A trivial change,† as he admitted in a letter to the Sheikh on October 18. Pa tel confirmed it to Nehru on November 3 on his return from the United States. Beg had withdrawn his amendment after the accord. Abdullah and he were in the lobby, and rushed to the House when they learnt of the change. In its original form the draft woul d have made the Sheikh's ouster in 1953 impossible. ARTICLE 370 embodies six special provisions for Jammu and Kashmir. First , it exempted the State from the provisions of the Constitution providing for the governance of the States. Jammu and Kashmir was allowed to have its own Constitution within the Indi an Union. Second, Parliament's legislative power over the State was restricted to three subjects – defence, external affairs and communications. The President could extend to it other provisions of the Constitution to provide a constitutional framework if they related to the matters specified in the Instrument of Accession. For this, only â€Å"consultation† with the State government was required since the State had already accepted them by the Instrument. But, third, if other â€Å"constitutional† provisions or other Union powers were to be extended to Kashmir, the prior â€Å"concurrence† of the State government was required. The fourth feature is that that concurrence was provisional. It had to be ratified by the State's Constituent Assembly. Article 370(2) says clearly: â€Å"If the concurrence of the Government of the State†¦ be given before the Constituent Assembly for the pu rpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. â€Å" The fifth feature is that the State government's authority to give the â€Å"concurrence† lasts only till the State's Constituent Assembly is â€Å"convened†. It is an â€Å"interim† power. Once the Constituent Assembly met, the State government could not give its own â€Å"concurrence†. Still less, after the Assembly met and dispersed. Moreover, the President cannot exercise his power to extend the Indian Constitution to Kashmir indefinitely. The power has to stop at the point the State's Constituent Assembly draft ed the State's Constitution and decided finally what additional subjects to confer on the Union, and what other rovisions of the Constitution of India it should get extended to the State, rather than having their counterparts embodied in the State Const itution itself. Once the State's Constituent Assembly had finalised the scheme and dispersed, the President's extending powers ended completely. The sixth special feature, the last step in the p rocess, is that Article 370(3) empowers the President to make an Order abrogating or amending it. But for this also â€Å"the recommendation† of the State's Constituent Assembly â€Å"shall be necessary before the President issues such a notification†. Article 370 cannot be abrogated or amended by recourse to the amending provisions of the Constitution which apply to all the other States; namely, Article 368. For, in relation to Kashmir, Article 368 has a proviso which says that no constitutional amend ment â€Å"shall have effect in relation to the State of Jammu and Kashmir† unless applied by Order of the President under Article 370. That requires the concurrence of the State's government and ratification by its Constituent Assembly. Jammu and Kashmir is mentioned among the States of the Union in the First Schedule as Article 1 (2) requires. But Article 370 (1) (c) says: â€Å"The provisions of Article 1 and of this Article shall apply in relation to that State†. Article 1 is thus appl ied to the State through Article 370. What would be the effect of its abrogation, as the Bharatiya Janata Party demands? Ayyangar's exposition of Article 370 in the Constituent Assembly on October 17, 1949 is authoritative. â€Å"We have also agreed that the will of the people through the instrument of the Constituent Assembly will determine the Constitution of the State as wel l as the sphere of Union jurisdiction over the State†¦ You will remember that several of these clauses provide for the concurrence of the Government of Jammu and Kashmir State. Now, these relate particularly to matters which are not mentioned in the Ins trument of Accession, and it is one of our commitments to the people and Government of Kashmir that no such additions should be made except with the consent of the Constituent Assembly which may be called in the State for the purpose of framing its Co nstitution. â€Å" Ayyangar explained that â€Å"the provision is made that when the Constituent Assembly of the State has met and taken its decision both on the Constitution for the State and on the range of federal jurisdiction over the State, the President may, on the recomm endation of that Constituent Assembly, issue an Order that this Article 306 (370 in the draft) shall either cease to be operative, or shall be operative only subject to such exceptions and modifications as may be specified by him. But before he issued an y order of that kind, the recommendation of the Constituent Assembly will be a condition precedent. THE HINDU PHOTO LIBRARY Prime Minister Jawaharlal Nehru with Sheikh Abdullah. This unique process of Presidential Orders altering constitutional provisions by a mere executive order ends with the final decision of the State's Constituent Assembly. Ayyangar repeatedly said that the State government's concurrence alone will not do. â€Å"That concurrence should be placed before th e Constituent Assembly when it meets and the Constituent Assembly may take whatever decisions it likes on those matters. † (Constituent Assembly Debates; Vol. 8; pp. 424-427). In 1949, no one knew when Kashmir's Constituent Assembly would be elected. Ayyangar therefore said: â€Å"The idea is that even before the Constituent Assembly meets, it may be necessary†¦ that certain items which are not included in the Instrument of Access ion would be appropriately added to that list in the Instrument†¦ and as this may happen before the Constituent Assembly meets, the only authority from whom we can get consent for the addition is the Government of the State. † This was explicitly only for that interim period. Article 370 (1) (b) is clear. The power of Parliament to make laws for the said State shall be limited to† (1) matters in the Union and Concurrent Lists corresponding to the broad heads specified in the Instrument of Accession â€Å"and (ii) such other matte rs in the said Lists as, with the concurrence of the Government of the State the President may by Order specify†. An Explanation defined â€Å"the Government of the Stateâ € . Similar â€Å"concurrence† was required when extending provisions regarding Union instituti ons beyond the agreed ones. But Article 370 (2) stipulated clearly that if that concurrence is given â€Å"before the Constituent Assembly†¦ s convened, it shall be placed before such Assembly for such decision as it may take thereon†. Once Kashmir's Constituent Assembly was â€Å"convened† on November 5, 1951, the State Government lost all authority to accord its â€Å"concurrence† to the Union. With the Assembly's dispersal on November 17, 1956, after adopting the Constitution of Jammu and Kas hmir, vanished the only authority which alone could cede: (a) more powers to the Union and (b) accept Union institutions other than those specified in the Instrument of Accession. All additions to Union powers since then are unconstitutional. This unders tanding informed decisions – right until 1957. THE Constituent Assembly of India adopted the Constitution on November 26, 1949. A day earlier, the ruler of Kashmir made a Proclamation declaring that it â€Å"shall in so far as it is applicable to the State of Jammu and Kashmir, govern the constitutional r elationships between this State and the contemplated Union of India†. Article 370 is more than a provision of that solemn document. It is also a sacred compact with the State. On January 26, 1950, the President made his first Order under Article 370, extending specified provisions of the new Constitution to the State. On April 20, 1951, the ruler made a Proclamation for convening the State's Constituent Assembly. It met on November 5, 1951. Two issues came to the fore. Nehru was eager to secure Kashmir's â€Å"closer integration† with India; the Sheikh to ensure popular go vernance. The Delhi Agreement that followed was announced at a press conference in Delhi on July 24, 1952 by both. This Union-Centre accord had no legal force by itself. Only an Order under Article 370 could confer that – after the Sheikh gave his â€Å"concu rrence† formally. The Sheikh, meanwhile, pressed for an Order to redraft â€Å"the Explanation† in Article 370 redefining the State government as one headed by an elected â€Å"Sadar-i-Riyasat (State President)†¦ acting on the advice† of his Ministers. As for the Sheikh's request, Nehru wrote on July 29, 1952: â€Å"It is not a perfectly clear matter from the legal point of view how far the President can issue notifications under Article 370 several times. † On September 6, 1952, President Rajendra Prasad po inted out the illegality of such a course in a closely reasoned Note. (It is appended to the Report. He questioned â€Å"the competence of the President to have repeated recourse to the extraordinary powers conferred on him† by Article 370. â€Å"Any provi sion authorising the executive government to make amendments in the Constitution† was an incongruity. He endorsed Ayyangar's views on the finality of a single Order under Article 370. â€Å"I have little doubt myself that the intention is that the power is to be exercised only once, for then alone would it be possible to determine with precision which particular provisions should be excepted and which modified. The President concluded: â€Å"The conclusion, therefore, seems to me to be irresistible that Clause (3) of Article 370 was not intended to be used from time to time as occasion required. Nor was it intended to be used without any limit as to time. The correc t view appears to be that recourse is to be had to this clause only when the Constituent Assembly (sic) (Constitution) of the State has been fully framed. † That was over on November 17, 1956. But he yielded to Nehru's pressure and made the Order on Novem ber 15, 1952. Events took a tragic course. The Sheikh was dismissed from office and imprisoned on August 9, 1953 (vide the writer's article, How and Why Nehru and Abdullah Fell Out†: Economic and Political Weekly; January 30, 1999). On May 14, 1954 came a compr ehensive Presidential Order under Article 370. Although it was purported to have been made with the â€Å"concurrence† of the State government it drew validity from a resolution of the Constituent Assembly on February 15, 1954 which approved extension to the State of some provisions of the Constitution of India. The Order sought to implement the Delhi Agreement. The Report makes two valid points. Why the haste since the State's Constitution was yet to be framed? Besides, the order in some respects went beyon d the Delhi Agreement. It certainly paved the way for more such Orders – all with â€Å"the concurrence of the State Government†, each elected moreover in a rigged poll. Ninetyfour of the 97 Entries in the Union List and 26 of the 47 in the Concurrent List were extended to Kashmir as were 260 of the 395 Articles of the Constitution. Worse, the State's Constitution was overridden by the Centre's orders. Its basic structure was altered. The head of State elected by the State legislature was replaced by a Governor nominated by the Centre. Article 356 (imposition of President's Rule) wa s applied despite provision in the State's Constitution for Governor's rule (Section 92). This was done on November 21, 1964. On November 24, 1966, the Governor replaced the Sadar-i-Riyasat after the State's Constitution had been amended on April 10, 1965 by the 6th Amendment in violation of Section 147 of the Constitution. Section 147 makes itself immune to amendment. But it referred to the Sadar-i-Riyasat and required his assent to constitutional amendments. He was elected by the Assembly [Section 27 (2)]. To replace him by the Centre's nominee was to alter the basic structure. Article 370 was used freely not only to amend the Constitution of India but also of the State. On July 23, 1975 an Order was made debarring the State legislature from amending the State Constitution on matters in respect of the Governor, the Election Co mmission and even â€Å"the composition† of the Upper House, the Legislative Council. It would be legitimate to ask how all this could pass muster when there existed a Supreme Court of India. Three cases it decided tell a sorry tale. In Prem Nath Kaul vs State of J, decided in 1959, a Constitution Bench consisting of five judges unanimously held that Article 370 (2) â€Å"shows that the Constitution-makers attached great importance to the final decision of the Constituent Assembly, and the continuance of the exercise of powers conferred on the Parliament and the President by t he relevant temporary provision of Article 370 (1) is made conditional on the final approval by the said Constituent Assembly in the said matters†. It referred to Clause 3 and said that â€Å"the proviso to Clause (3) also emphasises the importance whi ch was attached to the final decision of Constituent Assembly of Kashmir in regard to the relevant matters covered by Article 370†. The court ruled that â€Å"the Constitution-makers were obviously anxious that the said relationship should be finally d etermined by the Constituent Assembly of the State itself. † But, in 1968, in Sampat Prakash vs the State of J, another Bench ruled to the contrary without even referring to the 1959 case. Justice M. Hidayatullah sat on both Benches. The court held that Article 370 can still be used to make orders thereunder despite the fact that the State's Constituent Assembly had ceased to exist. FOUR BASIC flaws stand out in the judgment. †¢First, the Attorney-General cited Ayyangar's speech only on the India-Pakistan war of 1947, the entanglement with the United Nations and the conditions in the State. On this basis, the court said, in 1968, that â€Å"the situation that existed when this Article was incorporated in the Constitution has not materially altered,† 21 years later. It ignored completely Ayyangar's exposition of Article 370 itself; fundamentally, that the Constituent Assembly of Kashmir al one had the final say. †¢Secondly, it brushed aside Article 370 (2) which lays down this condition, and said that it spoke of â€Å"concurrence given by the Government of State before the Constituent Assembly was convened and makes no mention at all of the completion† of its work or its dissolution. The supreme power of the State's Constituent Assembly to ratify any change, or refuse to do so, was clearly indicated. Clause (3) on the cessation of Article 370 makes it clearer still. But the court picked on this clause to hold that since the Assembly had made no recommendation that Article 370 be abrogated, it should continue. It, surely, does not follow that after that body dispersed the Union acquired the power to amass powers by invoking Article 370 when the decisive ratificatory body was gone. †¢ Thirdly, the Supreme Court totally overlooked the fact that on its interpretation, Article 370 can be abused by collusive State and Central Governments to override the State's Constitution and reduce the guarantees to naught. Lastly, the court misconstru ed the State Constituent Assembly's recommendation of November 17, 1952, referred to earlier, which merely defined in an explanation â€Å"the Government of the State†. To the court this meant that the Assembly had â€Å"expressed its agreement to the continued op eration of this Article by making a recommendation that it should be operative with this modification only. † It had in fact made no such recommendation. The Explanation said no more than that â€Å"for the purposes of this Article, the Government of the State means†¦ It does not, and indeed, cannot remove the limitations on the Central Government's power to concurrence imposed by Clause (2); namely ratification by the Constituent Assembly. The court laid down no limit whatever whether as regards the time or the content. â€Å"We must give the widest effect to the meaning of the word ‘modification' used in Article 370 (1)†. The net result of this ruling was to gi ve a carte blanche to the Government of India to extend to Kashmir such of the provisions of the Constitution of India as it pleased. In 1972, in Mohammed Maqbool Damnoo vs the State of J & K, another Bench blew sky high the tortuous meaning given to the Explanation. It was a definition which had become â€Å"otiose†. But this Bench also did not refer to the 1959 ruling. Cases there are, albeit rare, when courts have overlooked a precedent. But that is when there is a plethora of them. Article 370 gave rise only to three cases. The first was studiously ignored in both that followed. The court found no difference between an elected S adar and an appointed Governor. There is no question of such a change being one in the character of that government from a democratic to a non-democratic system. † If the Constitution of India is amended to empower the Prime Minister to nominate the Pres ident as Sri Lanka's 1972 Constitution did – would it make no difference to its democratic character, pray? To this Bench â€Å"the essential feature† of Article 370 (1) (b) and (d) is â€Å"the necessity of the concurrence of the State Government†, not the Consti tuent Assembly. This case was decided before the Supreme Court formulated in 1973 the doctrine of the unamendable basic structure of the Constitution. GIVEN their record, whenever Kashmir is involved, how can anyone ask Kashmiris to welcome Union institutions (such as the Election Commission) with warmth? Sheikh Abdullah had no cards to play when he concluded an Accord with Indira Gandhi and became Chief Minister on February 24, 1975. At the outset, on August 23, 1974, he had written to G. Parthasarathy: â€Å"I hope that I have made it abundantly clear to you that I can assume office only on the basis of the position as it existed on August 8, 1953. † Judgment on the changes since â€Å"will be deferred until the newly elected Assembly comes into being†. On November 13, 1974, G. P. and M. A. Beg signed â€Å"agreed concl usions† – Article 370 remained; so did the residuary powers of legislation (except in regard to anti-national acts); Constitutional provisions extended with changes can be â€Å"altered or repealed†; the State could review Central laws on specified topics (we lfare, culture, and so on) counting on the Centre's â€Å"sympathetic consideration†; a new bar on amendment to the State Constitution regarding the Governor and the E. C. Differences on â€Å"nomenclature† of the Governor and Chief Minister were â€Å"remitted to the p rincipals†. Differences persisted on the E. C. , Article 356 and other points. On November 25, the Sheikh sought a meeting with Prime Minister Indira Gandhi. Her reply not only expressed doubt on the usefulness of talks but also on his commitment to â€Å"the b asic features of the State's Constitution† and to â€Å"the democratic functioning† of the government. Hurt, he wrote back ending the parleys. They met at Pahalgam. An exchange of letters, on February 12, 1975, clinched the deal on the basis of the Agreed Con clusions. This was a political accord between an individual, however eminent, and the Government, like the Punjab Accord (July 24, 1985); the Assam Accord (August 15, 1985); the Nagaland Accord (November 11, 1975); and the Mizoram Accord (June 30, 1986) – e ach between the government and the opposition. It cannot override Article 370; still less sanctify Constitutional abuse. It bound the Sheikh alone and only until 1977. This was explicitly an accord on â€Å"political cooperation between us†, as Indira Gandhi wrote (December 16, 1974). On February 12, 1975, Abdullah recorded that it provided â€Å"a good basis for my cooperation at the political level†. In Parliament on March 3, 1975 she called it a â€Å"new political understanding†. He was made Chief Minister on February 24, backed by the Congress' majority in the Assembly and on the understanding of a fresh election soon. Sheikh Abdullah's memoirs Aatish-e-Chinar (Urdu) rec ord her backtracking on the pledge and the Congress' perfidy in March 1977 when she lost the Lok Sabha elections. It withdrew support and staked a claim to form a government. Governor's Rule was imposed. The Sheikh's National Conference won the elections with a resounding majority on the pledge to restore Jammu and Kashmir's autonomy, which was also Farooq's pledge in 1996. The 1975 accord had collapsed. It was, I can reveal, based on gross error. The Agreed Conclusions said (Para 3): â€Å"But provisions of the Constitution already applied to the State of J&K without adaptation or modification are unalterable. † This preposterous assertion was made in the tee th of the Sampat Prakash case. One order can always be rescinded by another. All the orders since 1954 can be revoked; they are a nullity anyway. Beg was precariously ill and relied on advice which GP's â€Å"expert† had given him. He was one S. Balakr ishnan whom R. Venkataraman refers to as â€Å"Constitutional Adviser in the Home Ministry† in his memoirs. It is no disrespect to point out that issues of such complexity and consequence are for counsel's opinion; not from a solicitor, still less a bureaucrat even if he had read the law. Even the Law Secretary would have insisted on the Attorney-General's opinion. Amazed at what Beg had told me in May 1975, I pursued the matter and eventually met Balakrishnan in 1987. He confirmed that he had, indeed, given