Tuesday, April 30, 2019
Discuss treatment or preventative measures related to this check out - Assignment ExampleThe condition can be diagnosed from prolonged pains in the upper, rear, or below the right shoulder accompany by vomiting, abdominal bloating or nausea. However, some of these symptoms may be similar to those of heart attacks and t presentfore veracious diagnosis must be put in effect (Herlong, 2013).Gallstones can be categorized into both cholesterol and pigment stones. The causal factors that culminate to form gallstones are listed as body weight, diet, reduced crusade by the gallbladder and decreased motility. The stones are mainly developed where there are imbalances in rancor salts. Other risk factors to contracting gallstones include genetics, estrogen, gender, age, ethnic background, obesity, cholesterol drugs, and diabetes.Ideally, prior prevention of gallstones would be get around than its treatment. Preventing cholesterol gallstones becomes feasible tending(p) that ursodiol, a bile acid medication meant to dissolve cholesterol gallstones given their molecular nature of solubility. Ursodiol, a synthetic UDCA, also prevents from their formation (Herlong, 2013). It reintroduces a missing bile salt to the human digestive system. The salts are derivatives of the cholesterol that is synthesized in a hepatocyte. Dietary ingested cholesterol or that derived from synthesis, liverwort synthesis, is converted to chenodeoxycholic and bile acids cholic. They are later conjugated into amino acids, glycine or taurine meant to pass the conjugated type which is actively secreted to cannaliculi (Jenkins, 2008).The importance of caring about the lipids is from the sole reason that they perform several(prenominal) biological functions. They harbor large levels of long term energy. Lipids also are crucial in grammatical construction cell parts to building membranes besides being a chemical signaling molecule. Energy held here facilitates cellular levels chemical reaction.I f experts were to understand the physical, chemical and biochemical properties of the gallstones molecule, this would be
Monday, April 29, 2019
Management E-Commerce - seek Paper ExampleCompanies appoint managers to make sure that the company is effective, meaning the degree to which the company is equal to(p) to reach its defined goals. Efficiency on the other hand means amount of resources used to progress to an organizational goal. Management must ensure that they operate in an effective and efficient manner in post to compete in todays competitive market. Management need to plan, or in other words defining goals for the future of the organization and deciding the confinements and resources that would be required in order to achieve those goals. Organizing means to allocate tasks and jobs and allocating resources amongst de discontinuements. Leading refers to the fact that they argon able to touch off the employees to extract high productivity. Lastly, controlling it is the monitoring of employees ensuring that the organization is on track to attain the specified goals and making corrections if forever required. ( Daft) There are a number of organizations in the world who succeed based on their procedural management, which could be called the old school way, where boundaries are defined and the employ has to act according to the dogma of the task at hand. However, recently we have seen that various companies like Google have reached high level of success by using rather unorthodox, yet productive methods of management to avoid alienation of employees and to make the a part of the company rather than just a small cog in a big machine. Google has bristle into the international market with its varied range of products and services ranging from the biggest search engine available to Google news, Google earth, maps, cellular phones and somewhat, many more various products. Google uses an unorthodox and unconventional mode of management that is rather new to other organizations some may call it bizarre, but at the end of the day one has to respect the fact that it earns more than $2billion cas h per quarter and it is said that Google alone can finance the whole economy of America for 2 two whole days. Google has an informal slogan, dont be evil. This basically expresses that at Google you are always welcomed to share ideas and their ways of doing business is open to all and there are no strings attached. They conceptualize that these are the ways through which they can make sure that the employees are more comfortable and are able to work out to their potential in the field. As a matter of fact, Google employees are allowed to wear whatever clothes that pleases them. They have an all you can eat food counter that serves exquisite gourmet to motivate workers further. Google management believes that in order to avoid alienation, they must maintain good, informal relations with employees and also encourages employees to site forward their view and get involved in the decision making procedure since they believe that employees perform better when given importance and get ting them involved in ideas enables innovation from various intellectual minds, which at the end of the day is something Google always places very high importance to. Google management also has their very storied 20 percent rule. They say that for one whole working day an employee can work on whatever project that pleases them and as Google has ample amounts of finances, they are able to carry out their operation which consequently leads to innovation. Rest of the days, they work on the project they have been assigned. This ensures effective, if
Sunday, April 28, 2019
Self-Assessment reflection - Essay ExampleI highly value an opportunity for independent thought or action and moderately consider frequent raises in pay. Moreover, I impound little significance in developing close friendship at work. Notably, these aspects would enhance my intensity, direction, and persistence towards attaining a organizational goal. In considering my supreme needs, my scores for the need for attainment were 19, for affiliation were 14, for autonomy were 20, and for power were 18. Notably, my dominant needs relate to the McClellands Theory of Needs, which recognizes the need for achievement, and the need for power. However, I negate the need for affiliation. More so, I do my best at work, where I rarely spend time interacting with mint. I disregard surveillance and enjoy leading a project in my work. This relates to the expectancy theory, which asserts that efforts lead to successful performance and that we should respect successful performance. In analyzing t he rewards that I value most, I have a score of 4 for legal work, 4 for prestigious title, 3 for pass time, 4 for job security, 3 for recognition, 5 for interesting work, 3 for pleasant conditions, 5 for advancement, 3 for flexible schedule, and 2 for friendly workers. In fact, recognition is the most properly and least expensive workplace motivator. As such, I highly value, good pay, prestigious title, and job security. However, vacation time does not matter to me. Indeed, payment should correlate with performance. Indeed, I value piece-rate pay where get a fixed sum for each unit of production completed. In considering my view on the nature of community my Theory X- Theory-Y, orientation had a score of 25. I value people of theory Y who dress self-direction and self- run if committed to documentals. Ideally, I disagree that the average human being requires direction and inadvertence and hence has no ambition. This represents people of theory X whom I must coerce or control to perform. I also disagree that everybody can acquire leadership but agree that rewards motivate people to work. However, I am not sure whether fellow employees can influence me and whether individualism is more objective oriented than teamwork. Moreover, I agree that a good leader should give specific, detailed, and complete instructions in a work purlieu. Indeed, this relates to the Goal-Setting Theory, which asserts that the goals set by the leaders increase performance in an organization. In analyzing my resultingness to delegate, I responded to 18 items and scored 52 points. Ideally, I disagree that delegating jobs leads to poor performance. Moreover, I do not administer my subordinates in secrecy and wholly delegate all my jobs to the subordinates with an aim of reviewing the results. Nevertheless, it is not certain that I will get time to delegate properly. As such, according to my assessment results, a manager can achieve the greatest success in motivating me by satisfyi ng my growth needs and creating an enabling environment for the development of new skills and knowledge at work. Moreover, the manager can successfully motivate me by gravid me a good pay and offering me a chance to think and act independently. On the some other hand, according to my assessments, I highly value rewards, which include good pay, prestigious title, and job security in my work. I also value an interesting work and chance to advance in my work.
Saturday, April 27, 2019
Employment lawfulness - Assignment ExampleSubsequently, these employees had approached the Managing Director, who confirmed their dismissal, without fashioning some(prenominal) further investigations into the field of study. He approved the dismissal by simply going through the uncommitted paper work relating to the issue. Thereafter, the company had received an ETI lead form and ET3 response form from the Employment Tribunal. some(prenominal) basic and radical changes were effected to the law pertaining to workplace account and disciplinary issues, by the Employment run 2002. These changes were implemented by the Employment Act 2002 (Dispute Resolution) Regulations 2004, and became effective from 1 October 2004 (Duncan, 2005). The advantage of employing the rules and procedures for addressing disciplinary and grievance issues lies in the fact this promotes fairness and transparency. Such rules and procedures have to be stipulated in a written and unambiguous manner. The cul ture of rules and procedures should involve the employees or their representatives (Code of Practice 1 ACAS Disciplinary and Grievance Procedures, 2009). Analysis Under the present statutory provisions, in order to qualify for protection against foul dismissal, an employee must have completed at least(prenominal) one year of continuous service with the same employer, if he had been prescribed prior to 6 April 2012. For those appointed after this date, the qualifying period is 2 years. The sick bring period, holiday period and maternity leave period are also included in the period of service of the employee in the company (Compact Law, 2012). In our present problem, Janice Hall had been working with the company for more than a year. Hence, she is eligible for making a claim of unfair dismissal under the provisions of the Employment Rights Act. However, Kelsey Fields cannot make a claim for unfair dismissal, as she had been working for the company for less than a year. Although, em ployers are not compulsory to adhere to any statutory disciplinary procedure, the Advisory, Conciliation and Arbitration Service (ACAS) tag of practice on disciplinary and grievance procedures that specify the fundamental principles relating to a fair procedure. An unreasonable failure by an employer to adhere to the provisions of this code can cause the tribunal to enhance the compensation awarded by it to the extent of even 25% (Employment Law Advice, 2011). An employee is entitled to be provided with written notice of dismissal, provided that employee has worked for at least one year in the fear establishment of that employer. This is with regard to employees who had commenced work prior to 6 April 2012. However, with regard to employees who had started to work after this date, they should have worked for at least two years (Citizens Advice Guide, 2012). Although Janice had worked for 2 years, no notice of dismissal had been served upon her by the company. This constitutes a unadulterated violation of the statutory fair procedures by the company. At the very least, employers, while addressing disciplinary issues, should carry the required investigations for establishing the facts convey to the employees the root cause of the problem conduct a meeting to enable employees to present their case permit the employee to be accompanied at the meeting and allow the employee to appeal the decision. In addition, there should be no unreasonable delay and
Friday, April 26, 2019
General Investment Discussion Posts Assignment Example | Topics and Well Written Essays - 1250 words
familiar Investment Discussion Posts - Assignment ExampleWieland (2010) de nones that a nonoperational investment st rategy has a rate of return of 7% per annum. This, Wieland (2010) denotes that is the main disadvantage of a motionless investment strategy. That is, an investor pass on not set down a high return for his or her investments. Barnes (2009) denotes that an active strategy will incorporate a order in which an investor seeks to buy bonds or stocks expecting a high return.On this basis, its main advantage over passive strategy is that an investor can acquire unlimited return. However, this method is very expensive, and there is no guarantee of success. It is outstanding to denote that approximately 80% of actively managed stocks usually underperform (Barnes, 2009). Those that perform well are not consistent over the years. On this basis, the best form of portfolio management is the hybrid system. This is because it is a combination of the passive and active investmen ts strategies (Wieland, 2010). On this note, the hybrid system combines the advantages of these two investments strategies, as well as mitigating their disadvantages.Toporowski (2010) denotes that one major(ip) strength of a projected P/E is its ability to explain the degree of confidence upon which investors spend a penny on a company. Toporowski (2010) further denotes that a P/E which is low in value will imply that investors do not have confidence with the company. On the other hand, a P/E which is high will denote that investors have confidence with the company.Investors will therefore purchase the various securities and stocks of these companies. On this note, the projected P/E ratio provides a guideline in which investors will know a company that performs well or not. However, the P/E ration has limitations. This is because the P/E ratio uses mesh as its indicator. It is important to denote it is possible to manipulate the earnings of a company. On this note, it is therefore
Thursday, April 25, 2019
Nurse-to-patient Ratio Staffing Research Paper Example | Topics and Well Written Essays - 2250 words
Nurse-to- uncomplaining Ratio Staffing - Research Paper ExampleLegally mandated nurse to patient ratios is a polemic topic in health dole out. In this profession, there are state laws that require a certain level of staffing for each particular unit. Hospitals must balance their revenues with expenditures and patients and nurses are motivateed by these decisions. Mandating ratios is one attempt to keep in line that a nurse workload does not exceed the needed level for adequate patient care (Conway, 2008). However, these essential ratios are not without consequences. Ratio advocates argue that fewer staffing levels are appropriate for patient care, go bad working conditions and higher rates of nurse retention. Those who oppose, claim that ratios will affect hospital budgets and reduce focussing flexibility in addressing patients needs.The paper will inquiry the problem in some(prenominal) sides, having arguments opposed and in support of mandatory ratios. I will use survey data , interviews and original research to support both sides.Nurses have an integral role in the systems of health care. State-mandated safe-staffing ratios will be key to ensure both patient and nurse safety. Adequate staffing is a way to nurse retention and patient care while lack of staffing go off endanger patients and can pull the nurses away from their profession (ANA, 2011). However, staffing can also increase budgets and affect the management flexibility in dealing with patients problems. Does the nurse to patient staffing ratios affect the hospital performance positively or negatively?
geopolitical profile - Essay Examplety to abide its power across the globe and it is mainly as a result of this that it has been fitting to retain its influence long after falling from its superpower status.Russia is the largest country in the world with its borders stretching from northern Europe across northern Asia to the Bering Straits. As the largest country in the world, with an landing field of 17,075,400 square kilometres, it is one of the few countries in the world that catch a diversity of natural resources, people, as well as neighbouring countries. The result is that this country has come to exert a lot of influence everywhere a large territory as well as its neighbours for centuries. Its geographical position is unique because it allows it to keep up some influence on three continents as well as being able to project itself militarily. Russia incorporates a wide range of climates and environments within its territory and these have had an effect on its historical development. Moreover, this country has borders with a diverse number of countries including China, Norway, Lithuania, Finland, Kazakhstan, Mongolia, the United States across the Bering Straits, among many others. The geographical position of this country has in appendage placed it on top of the largest oil and gas reserves on the planet and this country has been able to ensure that this resource is used to further its geopolitical power over the Eurasian region. In addition to oil and natural gas, Russia has other significant resources which include deposits of timber, coal, and as well as mineral resources that have given it an advantage over other countries in the region. As the largest producer of natural gas in the world, Russia is in a unique position to determine the futures of some of its neighbouring countries, most of which were former member states of the Soviet Union. It is through its unique position as being the number one producer of natural gas, in addition to oil, that it has been able to ensure that it maintains its influence over the
Wednesday, April 24, 2019
Strategy and organizational accomplishment - Essay ExampleFlow of information, noesis, technology and capital has transcended geographic and national boundaries due to globalization. With such fast, halcyon and fluid flow of information, knowledge and technology the major asset of an organization has become knowledge and not production. Rate of an organizations ability to learn and adapt is considered to be the only real source of competitive advantage. How organizations sack up become a attainment organization? Does individual breeding and social nurture has any blood with organizational learning? What is the difference between an organization that learns and a learning organization? Is it just supremacy of words or there is some substance in it? This paper aims at answering solely these questions with the help of theory and its critical analysis along with the examples from the business world. Emergence of Knowledge/ scholarship Organizations Charles Darwin tell It is n ot the strongest of the species who survive, nor the most intelligent as a matter of fact, it is the ones who are the most agile to deepen. The same point stands valid for organizations too. The organization who wishes to remain relevant and thrive in the long run, learning better and faster is the solution or the technology. Learning is not only the key to success entirely perhaps vital for survival for todays organizations. For this purpose organizations must strive to enrich knowledge through continuous internal and external learning. A learning organization is one that encourages and values learning and realizes the role learning can play in enhancing organizational hard-hittingness. This attitude and importance of learning is reflected in the vision of the organization and a learning strategy that supports the inspiring vision for learning. Building a Learning Organization A learning organization depends on a lot of internal and external factors. extraneous environment inclu des economy, society, polity and technology. The subsystem of learning organization includes organization, people, knowledge and technology. Each subsystem not only interacts with each just also support for learning to permeate all across the organization. The importance of learning is communicated by leaders. An utile communication system is developed to avoid the development of silos and ensure smooth lateral flow of knowledge across structural boundaries. Both planned and emergent learning needs are emphasized. For building effective learning organization following steps must be taken, strategy development, collaboration mechanism, knowledge sacramental manduction and learning, management techniques and knowledge capture and storage (Serrat, 2009). Social Complexity and Organizational Learning Organizational learning is a very complex social phenomenon. Emergent and fluid nature of organizational learning makes it more than complex. The two most important determinants of comp lexity science are schemas of diversity and interaction interdependence. Presence of twain in learning organizations makes it a complex. Tensions within and between internal and exte
Tuesday, April 23, 2019
Cross Subsidizing Political Groups in the image of Agriculture - Essay ExampleThe intention of the talk was making fair supranational law for a balanced trade approach for developing countries.This round could not fetch any results as at that place was no agreement on farm subsidies and market access. exclusively it also decided to further continue talks in next negotiations. The Ministerial Declaration launching the capital of Qatar Development Agenda reflects the broad agendum and the focus on development. It mandates negotiations on husbandry, industrial products, operate, intellectual property (geographical indications, TRIPs, and Health), the Singapore issues (investment, competition, transparency in disposal procurement and trade facilitation), WTO rules (anti-dumping, subsidies, regional trade agreements) and trade and environment. Doha Development Agenda, European Union and WTO, occupation Issues, European Unions says that its primary objects in the WTO were multilat eral trade rulemaking, market opening, the integration of developing countries in the homo trade system and the improvement of the functioning of the WTO it has believed that doing away with high tariffs, tariff peaks, and tariff escalation will importantly increase trade opportunities between North and South EU points out that market access negotiations on services would help in improving market opportunities for business as well as benefits to consumers worldwide. But it stood against general deregulation or privatization of sectors where principles of public interest are at stake. European Unions stand was that Doha Development Agenda succeed only if development opportunities of individual members, makes a tangible contribution to international efforts in favor of sustainable development and increases. We had seen large protests and processions consequent to every talk. There is a potty of lobbying for and against the trade negotiations inside and outside the international trad e bodies. It is not economics, but its impact on internal politics was the major(ip) cause for each and every country.The last one decade has seen a awesome effort from the developing countries going for substantial efforts to make structural changes in their economies as part of domesticize agenda. Elimination of export subsidies, reductions in, and tighter criteria for, domestic trade-distorting subsidies in developed countries, reduction of tariff peaks and standardization and rationalization of sustenance safety and processing requirements In this background there should have been some efforts from the developed world to genuinely address the concern of the developing world. Anyhow Doha meet was failed in reaching any cover step before the next talk. In the year2003, Members again get together at Cancn to develop concrete agreement on the Doha round objectives. The focus of Cancun negotiations was on agriculture, industrial goods, trade services and customer codes reforms . But again the developed world and developing world fight in the agriculture sector.Here also rich countries farm subsidies such as European Unions Common Agriculture Policies and US governments agro subsidies were the major roadblock.
Monday, April 22, 2019
Contract law - Essay utilization20,000 to be paid in instalments related to the work completed. The complainant got into financial difficulties because the determine was too woeful and he did non supervise the work properly. He had received over 80 per cent of the price but still had far more than 20 per cent of the work to do. The defendants were liable to a penalisation clause in the main contract if the work was not completed on time. They were aware of the plaintiffs difficulties and that the price was too low. They met him and agreed to pay him an extra ?10,300 at ?575 per flat to ensure that he continued with the work and completed on time. The plaintiff completed eight further flats and received a payment of ?1,500. He stopped work and sued for the money he alleged to be owing. The defendants denied liability and, in particular, that they were liable to pay any part of the additional ?10,300 because their agreement to pay it was not supported by any consideration. The ju dge held that the plaintiff was authorize to eight payments of ?575, less certain deductions. The defendants appealed. My understanding of the meaning of the necessity that consideration must move from the promisee is that such consideration must be provided by the promise, or become out of his contractual relationship with the promisor. It is consideration provided by somebody else, not a party to the contract, which does not move from the promiseebut it is, of course, not the situation in the present case. Here the benefits to the defendants arose out of their agreement of April 9, 1986 with the plaintiff, the promise.(Glidewell L.J in Williams v Roffey Bros.1990) The judge(Glidewell L.J) further concluded that I repeat, on that pointfore, my opinion that the judge was, as a matter of law, entitled to hold that there was valid consideration to support the agreement under which the defendants promised to pay an additional ?10,300 at the rate of ?575 per flat. For these reasons I would dismiss this appeal In answering the question as to whether promissory estoppel could founder been of raised or whether it could have added relevance to Williams v Roffey Brothers, the answer is no, because of the limitations on the doctrine of promissory estoppel. It whitethorn be of paramount importance to find the relationship between consideration and promissory estoppel. Consideration originated just as an indication of the need for a reason for enforcing a promise or obligation, such as the fact that the promisee had given something to the promisor in expectation that the promise would be fulfilled(Atayah, 1986). The rigid set of rules requires that there must be benefit and detriment, that past consideration is no consideration that consideration must be of economic value and that gratuitous promises will not generally be enforced. The doctrine of promissory estoppel on the other hand, derives from Lord Dennings decision in Central London Property Trust Ltd v High T rees Ltd1947 KB 130. The doctrine gives rise to situations in which a contract can in doing be varied without there being consideration. The facts are that by a lease under blockade made on family line 24, 1937, the plaintiffs, Central London property Trusts Ltd, granted to the defendants High Trees House Ltd, a subsidiary of the plaintiff company, a tenancy of a block of flats for the term of 99 years from September 29, 1937, at a ground rent of ?2, 500 a year.
Sunday, April 21, 2019
When You Are Old - Essay ExampleBut famous Irish poet, William butler Yeats (1865 1935) in his poem When You are Old remind us about a soul who bash our soul and sorrows.Yeats succeeded in describing the pathetic conditions when somebody becomes old. He says that the dark hairs will be grayed the youthful wide awake energy will give way for tiredness or sleeping. He says that when you became old, your eyes will not work properly and hence you will not be able to read properly. He reminds us that the old age is all about our youthful and childhood sweetness memories. He says that all the sweet memories at the childhood or youth period may be due to the physical attractiveness. Everybody cared or loved you because of your physical specialtiesHuman being is considered to be made of body, mind and spirit. Body and mind believed to be finished by the death of a person while the soul is believed to be alive still. So the love and affection show towards body and mind will not last long . Most of the quite a little love the happy side of ones life.The happy side of life will by and large started to diminish once a person getting older and older and hence the love offered by others may also started to diminish. Such love can be termed as temporary. It is under these circumstances, the old person may have to think about a person who loved his soul and sorrows. The love demonstrated towards the soul is the everlasting one since the soul believed to be last forever and hence only that love can be termed as the real or true love.disappear. On the other hand a love shown towards the soul can be considered as the everlasting one since the soul believed to be exists for ever. The poet though his poem When You Are Old mentioned below compares two types of love physical love and spiritual
Saturday, April 20, 2019
The Americanization of Shadrah Cohen - look for ExampleThis is a basic human instinct to adopt standards, culture, norms, dress, and behavior in order to unify into the society. The second is more active and requires that the person realize that they are different and actively try to compound themselves in order to become more like their host culture. These changes are shown in people in a number of different ways. The tier that has been read, The Americanization of Shadrah Cohen shows how these exact changes came to be manifested in the life of the young immigrant. This study will follow these changes and help the reader to understand how they came to be shown within Shadrah Cohen over time. As the explanation begins, Shadrah Cohen came to the United States just like many tens of thousands of Judaic Russian emigres in and around the turn of the century. Having brought with him becoming money to begin a small shop in lower New York, Shadrah along with his buddy begin at the very bottom of American society and work to build their way up. Theirs is the immigrant story. The story itself is somewhat predictable and standard up until the arrival of Shadrah and his brothers father from Russia. When the father sets posterior on American land for the first time, he is a strange creature in what he sees as a foreign land. However, his sons meet him and have a different perspective even though they are from the same ethnicity and the same country of origin. The father still wears his long side burns in the traditionally Jewish curly fashion, still wears the oversized long black coat that he wore in Russia, and has a very long, overgrown, beard. Due to the way that Shadrah has come to identify with his new environment and culture, he is a little bit embarrassed by the way that his father reminds him of the old country and his traditionally Jewish roots. As he greets his father on the docks, he and his brother are both dressed in Western clothing, wearing nicely pressed suits with a diamond tie clip. Accordingly, he offers his father to clutch him to a barber to have his traditional hair style cut as well as to take him to the clothing store to get him out of the traditional Jewish clothes he is wearing. In a way, his father probably reminds him of the way he looked when he first came to the United States and for this reason it embarrasses Shadrah to the send that he wants to change this as soon as possible. In a way, the story that is told is very decision to the experience that many immigrants have. As they grow into a new culture, they begin to forget both actively and passively their cultural origins and traditions. This happens so much that when they are faced with the way that they used to look, used to dress, or used to behave they see it from a different perspective and are almost embarrassed with it. What is non discussed in the story is what ultimately happened with the father. Due to the fact that his sons both assimilated to such a high tier and in such a short period of time, one could assume that the father did so as well. However, the fact of the matter is that it is likely that the father, due to his age, would not so easily forget his culture or the roots that he has in the old country. Whereas both of his sons quickly tried to hide their identity and go into the American culture, the father chose to hold on to his and represent who he truly was rather than putting advancing a face that was not representative of his ethnicity or his culture. Work Consulted Lessing, Bruno. Short Story The Americanization of Shadrach Cohen.
Friday, April 19, 2019
International Securities and Finance - Essay Examplemediary used insider teaching to trade securities of the companies outlined, as they were expenditure affected and thus make high profits than the normal traders (Suzi , 2014).Insider dealing is under the FSA and Securities edict in the UK. It has been a criminal offense since the year 1985 and currently it is incorporated under the criminal justice Act 1993 Part V. Information that is not available to all parties in the market is deemed asymmetric as traders could use it for their personal gains and make high profits. Efforts have been done overtime to tighten up laws on insider dealing but still there are some who go unprosecuted. Insider dealing is said to be a criminal offense when the information on hand is price sensitive to the shares employment in the market and when an individual encourages someone else to pass the inside information or deal with the shares that are price sensitive and finally when the dealing takes pl ace through a professional trader or component and on a regulated market (out-law.com, 2014).For most of the times, people have always thought that insider trading is always illegal, but there are some circumstances where it is legal where the officers, employees, directors, buy and sell air in their own companies and they report to the reporting authorities of their actions. However, it becomes illegal where the buying and selling of securities involves a violate of fiduciary duty or trust and confidence while in possession of material information that is not available to the whole market. Insider trading is said to undermine investors confidence in the market as it does not in any way promote integrity and fairness with some gaining more than others gain. Thus, the pertinent authorities should be more stringent in regulating the trading of securities in the market by prosecuting those involved in insider dealings (Mirranda, 2013).The security markets within the UK have faced a lot of upbraiding from members of the public as issues of
Thursday, April 18, 2019
Equality between knowledgeable orientations - Essay ExampleThe linguistic rule that all people are equal before the law is the corner stone of some societies. However, m both do not follow this principle to the letter. For example, for a long time women were always regarded and given the insurgent class status in the united States and until the 1920s, they were not entitled to vote during federal elections. Similarly, blacks in the United States had no guarantee to equal secures under the law until the passage of Civil Rights Act in 1964. The master(prenominal) provision of the Act stated that all persons within the Jurisdiction of USA have the same reclaim in every state and territory. The Act gave everybody the right to enforce contracts, to sue, give evidence, and any other right that was enjoyed by the whites (David 44).The Act declared that no person in the United States shall be discriminated on the bases of race, assumption or nationality of Origin. According to the a ct, no individual shall be discriminated in or be denied the benefit of any program or activity receiving the Federal Financial assistance. This declaration of equal rights was extended to people with strong-arm and mental impairment that substantially limits a significant life activity. This was through the enactment of people with hinderance Act in 1990 still in USA (Leslie 24). Nevertheless, as society tries to attain the principle of par under the law, one significant group has been left out for a long time sapphics and man men. Individuals, agencies and organizations in most places still discriminate against gay men and lesbian in housing, employment, access to existence accommodations, and other fields of life on the bases of their sexuality. For instance, in many states of United State, landlords refuse to rent a house to same-sex couples simply because they are either gay or lesbians. Nevertheless, several countries including some states in the US have banned this form of discrimination that bases on sexual orientation and gender expression (David 56). discrepancy in housing, employment and access to public accommodation is seen as the three basic rights have sex that carry on them since they are so relevant to the daily life of every gay or lesbian. Gay and lesbian people also face discrimination from the straight people in areas such as a hate crime where crime is motivated by the virtual of the victims gender, race, national origin, sexual orientation or some other characteristics. Gay and lesbians further face discrimination on the issue of conjugation. There has been controversy over the legality of the same sex marriage and the institution. In the developmental stages of the queer rights movement, few individuals would have predicted that marriage would become a significant objective of the movement. Nevertheless, there has been a cope of effort by the movement to give the gay men and lesbian the same rights associated with legal marri age that is currently available to straight people couples. The issues constitute the core of the discussion over the gay and lesbians rights right away in many societies (John 250) The gay and lesbian rights movement that was introduced in the United States was a product of economic, mixer and political changes that took place in the United State in early 20th century. In the 1960s, there was the growth of Civil rights movement in the US. During this period, the first hint of the presence of
Asian Philosophy - Essay ExampleThe master(prenominal) issue in dispute here is the fact that, while Brahman is conceived as encompassing all reality, Brahman is also understood to be the coiffe of the world. This claim seems contradictory to the metaphysical principle of cause. This is because, concord to the metaphysical principle of causativeity, the cause and the effect can never be the same. The metaphysical principle of causality demands that the cause and the effect must, of necessity, be different, some otherwise there will be no causality at all. On the contrary, however, Vedanta Sutra holds that Brahman is the absolute reality that encompasses the totality of reality and at the same time is the cause of the world this claim clearly seems to be contrary to the metaphysical principle of causality that we have explained. In an effort to reconcile the metaphysical principle of causality and the teachings of Vedanta Sutra on the nature of reality, Samkara held that the non -difference of cause and effect in regard to Brahman and the world result from the use of such terms as origin and other such terms. The main point that Samkara makes in this claim is that in reality there is no causal relation, as we conceive it, amongst Brahman and the world. For Brahman, the concept of causality in regard to the relation amidst Brahman and the world is fictitious, and it is brought about by use of wrong terms like origin in the description of the relation between Brahman and the world. For Samkara, Braham is all there is, and it is non differentiated or it does not have any modifications, it is one absolute entity that encompasses all reality. Samkara defended this claim in the following three ways.Firstly, victimization the example of clay and the things that are made from the clay, Samkara argued that there is no really any difference between the clay and the things that are
Wednesday, April 17, 2019
Disease Causation - Essay ExampleThe causes of the characterise involves persons who smoke, people with graduate(prenominal) blood pressure, high cholesterol body levels and those suffering from diabetes. Risk factors for developing the condition depend on the individuals age, medical condition, gender and their lifestyle choices. Most individuals especially men just like Steve are attached to acquiring the condition past the age of 50 years (Lockhart et al., 2012). Other risk factors for acquiring the condition includes diabetes, cigarette smoking, overweight and obese individuals, hypertension, high blood cholesterol levels and persons who have a history of a heart unhealthiness in the family. In regards to the information, Steve is at a great risk of acquiring the condition. Since he is overweight and lives a sedimentary life lacking any physical exercise. He is a smoker, he is also at a risk of acquiring diabetes, hypertension or a heart disease since there is a history of th ese chronic illnesses that are genetic (Fowkes et al., 2013). Moreover, his blood pressure is high as it is above the normal range.Fowkes, F. G. R., Rudan, D., Rudan, I., Aboyans, V., Denenberg, J. O., McDermott, M. M., ... & Criqui, M. H. (2013). Comparison of global estimates of prevalence and risk factors for peripheral artery disease in 2000 and 2010 a systematic review and analysis.The Lancet,382(9901), 1329-1340.Jauch, E. C., Saver, J. L., Adams Jr, H. P., Bruno, A., Connors, J. J., Demaerschalk, B. M., ... & Yonas, H. (2013). on behalf of the American Heart Association Stroke Council, Council on cardiovascular Nursing, Council on Peripheral Vascular Disease, and Council on Clinical Cardiology. Guidelines for the early management of patients with acute ischemic blow a guideline for healthcare professionals from the American Heart Association/American Stroke Association.Stroke,44(3), 870-947.Lockhart, P. B., Bolger, A. F., Papapanou, P. N., Osinbowale, O., Trevisan, M., Leviso n, M. E., ... & Baddour, L. M.
Tuesday, April 16, 2019
Intellectual office EssayOverview of PaperWhether we believe it is right or not, many an(prenominal) of us piss become accustomed to the fact that a large deed people stamp outload copyright real regularly employ Peer-to-Peer file cabinet- overlap softw ar. As a result, the entertainment industry is losing billions of dollars in r take downue, and is suffering from the onsets of many copyrights. Who should be held amenable for this? Is it the fault of the people who misuse the parcel or the fault of the softw argon distributors for allowing this to pass? With the recent possibility of MGM Studios, Inc. v. Grokster, Ltd., these anesthetizes came to an even bigger showdown than the predecessor case of AM Records Inc. V. Napster in which the violations that its users were at virtuoso time infringing the plaintiffs copyrights, that Napster was unresistant for conducive misdemeanour of the plaintiffs copyrights and that Napster was apt for vicarious infraction of the plaintiffs copyrights, particularly after it was discovered that multi-platinum artists were exposeing their songs leaked to the internet long before an album had ever been released. (Vaver) Thusly, the basis of this paper go away be to hear the relationship of Peer-to-Peer (P2P) file communion services and how they violate copyrights, patents and generally, intellectual property. Further, I will discuss the affect on computer package developers, artists and the individual user who participates in utilizing P2P softw be on their individual and public access computer systems. The primary case that will be featured in this discussion is Metro Goldwyn Mayer (MGM) versus Grokster which took rate in 2005.History of participants (MGM)Theater magnate Marcus Lowe, who orchestrated the merger of Metro Pictures Corp., Goldwyn Pictures and Louis B. Mayer Productions, formed MGM in April 1924. With prophesier Louis B. Mayer and Irving Thalberg at the helm, Metro-Goldwyn-Mayer wa s a powerhouse of prolific artistry and picturemaking expertise that the studio famously said attracted more(prenominal) stars than are in the heavens. During a golden three decades from 1924 to 1954, the Culver City-based studio dominated the movie business, creating a outflank Picture nominee every year for two straight decades. One of the more memorable years at the Academy Awards was in 1939 when MGMs bypast With the Wind and MGMs The Wizard of Oz were both nominated for Best Picture. Gone With the Wind took home Best Picture that year, along with 8 other Oscars.The Wizard of Oz secured two Oscars. united Artists was established on July 15, 1919 by Charlie Chaplin, Mary Pickford, Douglas Fairbanks and D.W. Griffith and was best known as the partnership built by the stars. The budding company quickly left an indelible mark on Hollywood, revolutionizing the motion-picture business by brilliant creative freedom to actors and filmmakers, enchantment offering the filmmakers a share of the films profits. UAs Midnight Cowboy, released in 1969 starring Dustin Hoffman and Jon Voight, was the first X-Rated film to be nominated and win an Academy Award. It won 3 Oscars, including Best Picture. It was changed to an R-rating in 1971. united Artists later joined the MGM family in 1981, and thrived as member of the lions pride.MGM boasts a total of 205 Academy Awards in its gigantic library.Among those are 15 Best Pictures. These films allow in Rebecca (1940), Best Years of Our Lives (1946), Hamlet (1948), Marty (1955), The Apartment (1960), West spatial relation Story (1961), Tom Jones (1963), In the Heat of the Night (1967), Midnight Cowboy (1969), Rocky (1976), Annie Hall (1977), Platoon (1986), Rain military man (1988), Dances With Wolves (1990), The Silence of the Lambs (1991). Today MGM boasts an impressive library comprised of titles from the joined Artists, Orion Pictures, and Goldwyn fun and PolyGram Filmed Entertainment libraries. With slightly 4,100 films and over 10,400 hours of telly programming, the library also includes the Rocky and Pink Panther franchises and the celebrated James obligate franchise, the longest running and most profitable series in film history. (MGM)MGM and other entertainment companies (24 in total) A collection of song-writers, music publishers and motion picture studios who own or control the vast absolute majority of copyrighted motion pictures and sound recordings in the United States. Damages were sought as well as an injunction against Grokster for copyright infringement. MGM accused Grokster of distributing software which enabled users to br separately copyright restrictions. They insisted that around 90% of data transferred using P2P software was copyrighted, costing them millions of dollars in lost revenues. They also argued that this type of copyright infringement would not slip by if Grokster and convertible software distributors did not make it possible.History of participants (G rokster)Grokster Ltd. was a privately owned software company based in Nevis, West Indies that created the Grokster Peer-to-Peer file-sharing client in 2001. Grokster Ltd. was rendered extinct in late 2005 by the United States Supreme philanders decision in MGM Studios, Inc. v. Grokster, Ltd. (Duke) Grokster became popular after the collapse of Napster due partly because of its change architecture. Groksters client performance licensed the FastTrack network engineering. Grokster was in a impertinently client software application that was used to connect to the FastTrack and Gnutellas de primaevalized P2P net working to enable its users to share files. This network was quite different from Napster in two primary ways 1) users could search for any file type (they were not restricted to MP3s akin in Napster) 2) the network was decentralized.The decentralized architecture prevented any single broken link, such as Napsters index waiters, from bringing down the network. Grokster rem oved the need for centralized index bonifaces through its use of superintendent nodes. Whenever a powerful computer with a high-speed connection running Grokster connected to the FastTrack network, it automatically became a super node and acted as a temporary indexing server for other clients on the network. It was believed that the decentralized nature of the network would insulate it from legal threats, however, this can also intimate a true train of culpability in the act of sharing the files. (Giblin)So what is Intellectual Property?According to WIPO (World Intellectual Property Organization), intellectual property refers to creations of the mind inventions, literary and artistic whole kit, and symbols, names, images, and designs used in commerce. Intellectual property is change integrity into two categories Industrial property, which includes inventions (or as we commsolely know them patents), trademarks, industrial designs, geographic indications of source (definition of geographic indications a name or sign used on certain products which corresponds to a specific geographical positioning or origin e.g. a town, region, or country. The use of a geographic indication whitethorn act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin example Vidalia Onions or Florida Oranges) and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works like moves, paintings, photographs and sculptures, and architectural designs.Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. The designs and creative expressions of indigenous and local communities are also Intellectual property, but because they are traditional they may not be generousy protected by existing Intellectual property systems. Thusly, when industrial works and/or literary and artistic works are shared without proper compensation, any business, contract holder, artist or individual related to the copyright or patent has the right to seek damages in what is owed to them in relationship to the work in question.MGM V. Grokster Facts and DecisionMGM and several music and motion picture studios brought this suit against Grokster alleging vicarious and contributory copyright infringement for distributing peer-to-peer file-sharing software. According to MGM, over 90% of the material exchanged using Groksters file-sharing software is copyrighted material and therefore, copyright infringement occurs every time users exchange the information. MGM contends that Grokster contributes to this infringement by making the file-sharing software addressable to the public. The district court disagreed with MGM, granting partial summary judgment in favor of Grokster as t o the liability that occurred from its pitch distribution activities. MGM appealed the decision to the Ninth roundabout coquette of Appeals. The Ninth Circuit held that Grokster was not liable for contributory infringement because it lacked sufficient knowledge of the infringement and it did not materially contribute to the copyright infringement. According to the court, the peer-to-peer file-sharing software distributed by Grokster was capable of developed non-infringing uses.Based on this finding, the court held that Grokster could not be found liable for mere constructive knowledge, but must have had honest knowledge of specific infringement at the time it contributed to the infringement. Such knowledge was impossible in this case due to the structure of the network created by the Grokster software. Unlike previous file-sharing networks, Grokster did not maintain a searchable index on a centralized server. Instead, indexes were retained on the computers of individual users, which prevented Grokster from learning of any infringement until after it had occurred. The network design also prevented Grokster from materially contributing to any copyright infringement because Grokster did not provide the site or facilities for infringement. (Duke) The Ninth Circuit also held that Grokster was not liable for vicarious copyright infringement. According to the court, Grokster lacked the right and ability to supervise the coordinate infringers.The peer-to-peer file-sharing software did not allow Grokster to block access to infringing users and did not provide Grokster with any opportunity to sink in content. While MGM argued that Grokster could alter the file-sharing software to control user access, the court noted this was not a feasible option because the software resided on the computers of the users and not on a centralized server. The court command against Groksters peer-to-peer file sharing program for computers running the Microsoft Windows operating s ystem, effectively forcing the company to cease operations. The product was too similar in look and feel to Kazaa, which is marketed by Sharman Networks and Morpheus, which was distributed by StreamCast.Grokster along with Morpheus and Kazaa are considered mo-generation peer-to-peer file sharing programs because inappropriate their predecessor Napster these file sharing programs allowed users to trade files directly amongst one another without these transactions short-lived through a centralized server. Because Napster maintained this fraction of control over the transaction of files through its server it was ruled illegal because it should have exercised its power over the server to stop the sharing of copyright infringing files. Grokster and this second generation of peer-to-peer file sharing programs sought to avoid this legal obstacle. (Duke)Issues at StakeIn a peer-to-peer network each computer is both a server and client. Members need to download only the pertinent softwa re file sharing software, free of charge, and they may participate in the network to exchange files, which are more often than not, copyrighted.The owners of copyrights, in this case MGM believed that the software distributors are liable for copyright infringement of the software users By providing P2P file-sharing software, MGM believe Grokster should be liable for the actions of the individuals who misuse it.A major debate rages over the issue that copyrights, no matter how numerous, do not give the holders a veto over certain advancements in technology.The copyright owners (MGM) relied on the two recognized theories of secondary copyright liability contributory copyright infringement and explicit copyright infringement. In order for Grokster to be held liable for contributory copyright infringement, it had to be rise upn that direct infringement of copyrights took place by a primary person, party or group and that Grokster had full knowledge of the infringements. It also had to be determined that they also provided a material contribution to this infringement.For Grokster to be held liable for explicit copyright infringement there had to have been direct copyright infringement by a primary party, a direct financial benefit to the Grokster and an ability on the part of Grokster to supervise those obligated for the infringements. Precedent The Betamax Case (Universal City Studios, Inc. et al. v. Sony Corporation of America Inc. et al. 1979) In this case it was held that video-recorders should not be banned, even though there is a chance they might be misused by the owner. This technology has substantial non-infringing uses, and so an outright ban could not be justified. Betamax technology was developed with the aim of allowing users to record television that they would have otherwise missed thus, its intended and advertised use was not as an infringer of copyrights. (Vaver)Billions of files are shared across P2P networks each month a large proportion of wh ich are illegal. If Grokster was made responsible for their actions, the amount of files transferred would be expected to reduce significantly as tighter regulations are enforced.If MGM won their case in its entirety, the owners of file-sharing software would be held responsible for copyright infringements of the software users. Even though MGM was attacking a certain type of software, many other technologies could be affected if MGM had been successful. MP3 players, CD burners, external hard-disks, and so on would have been drastically changed to the leisure (and working) time of many individuals due to the basic operating software included with each of those devices and the nature of their portability from machine to machine and platform to platform. (Vaver)A precedent would be set against which similar cases in the future could be examined. This is not a clean problem, it has been going on for years between the Entertainment Industry and technology, which allows copyrighted mate rial to be duplicated. The ultimate and unresolvable issue here is a tradeoff between intellectual property rights and technological innovations, which will become more and more cloudy as social media and technological innovations churn ever forward and change at such a consume and rapid pace.RepercussionsIn the wake of the case filing, Grokster began warning many users on the main page of their website that their IP (internet protocol A unique string of numbers separated by periods that identifies each computer addicted to the Internet) addresses were being stored. Prosecution of the file-sharing individual relies upon what has commonly been referred to as a process of a free energy subpoena. If a doe subpoena is utilized, prosecutors are required to gain a series of subpoenas in order to find out the identity of the user behind the IP address in question. Following the shut down of Grokster blogs became inundated with concerned users fearful of the warning however there were a nd are no reports of the use of doe subpoenas in this case.Research into the effects of warnings such as the one left on Groksters website has shown that while these warnings can result in a substantial reduction in online file sharing of individuals, the general availability of downloadable content did not diminish. Furthermore, researchers cannot account for how much of this reduction in individual file sharing is simply shifted to other file sharing programs. In cases where the RIAA has issued threats the users who take on the most file sharing unremarkably reduced their daily transactions to levels below the level of prosecution. In effect these warnings have only caused only a brief reduction in overall online file sharing. (Duke)Future FalloutThe fear raised by some is that the Grokster findings would impose far too heavy of a burden on technological development, or discourage the dispersment of community information. The Grokster act attempted to remain mindful of the ne ed to keep from trenching on regular commerce or discouraging the development of technology with lawful and unlawful authority. The Court did not focus on the legality of the P2P networks but rather on the mantled and choose of the defendants. Finding the defendants feel unmistakable, the Court reasoned that such unconventional intent combined with defendants unlawful conduct could make defend- ants liable. Thus, the Court appropriately placed the blame on the malicious con- duct of technology developers rather than on the technology itself. (Grigorian) chthonian Grokster, businesses can continue to develop tonic technologies provided they do not encourage their users to violate the copyright law. Therefore, it is reasonable to infer from Grokster that P2P file-sharing software and similar technologies remain perfectly legal. This is a ordered finding because, as the Court pointed out, file-sharing technologies can and have been used for legitimate, non- infringing purposes. For example, universities, business, and government entities use P2P file-sharing software for added efficiency and a more steadfast platform on which information can be shared without being susceptible to the types of attacks that a centralized server faces. (PC Review)Since the Supreme Courts pronouncement of Grokster, many legal scholars are eager to know the role the decision will play in future indirect copyright infringement cases, especially those involving file-sharing technology. Given the questions that remain at variance(p) after the Grokster decision, like those regarding the proper interpretation and application of Sony, future plaintiffs are plausibly to first impress down the stairs the active inducement theory and, alternatively, plead contributory copyright infringement. To establish liability under the active inducement theory, plaintiffs must prove that 1. The defendant took active steps with intent to cause infringement 2. The users of defendants technology did in fact engage in infringing activity.In cases involving P2P technology, proving intent is the trickiest of the two elements. However, copyright holders with legitimate claims will most likely be able to meet this requirement by showing that the conduct and activities of the alleged infringers in developing and marketing their technology would rise to the level of actively promoting the illegal sharing of said works. Courts will then need to examine the alleged infringers business models, marketing and promotional outline and capability of installing filtering and monitoring systems in order to determine whether sufficient evidence of intent exists. Although its unclear as to how many of these factors must be present for a court to find wrongful intent, it is reasonable to determine that the more closely a persons behavior resembles that of a Grokster type entity, the more likely a court is to find liability under the active inducement standard. (Grigorian)This does not indicat e that Grokster prefers copyright holders or offers them an automatic win. Some would argue that Grokster makes it more laborious for copyright holders to obtain damages because it forces them to conduct more extensive discovery and incur greater legal expenses in order to successfully prove intent. So while Grokster may appear unreasonably burdensome at first, it actually benefits all parties involved. By setting the burden of proof higher and requiring copyright holders to prove intent, Grokster will likely deter inefficient claims. The newly adopted standard also favors copyright holders because it offers clearer guidelines for those with legitimate claims to seek a legal revivify when their rights are violated. Therefore, in contrast to what some scholars may argue, Grokster successfully maintains a delicate balance between innovation and copyright protection.ConclusionThe District Court of California and the Ninth Circuit Court of Appeals ruled in favor of Grokster, much to M GMs disappointment. It was held in bothcourts that Grokster escaped liability for a number of reasons 1.Grokster did not have constructive, adequate knowledge of the infringements. 2.The software distributed by Grokster was capable of substantial non-infringing uses. 3.There was no central server, thus Grokster could only obtain information of the infringement after it had already happened (i.e. they could not block or prevent copyright infringement because they were not able to directly supervise file transfers). 4.Grokster could not be found responsible for materially contributing to any copyright infringement. 5.Grokster did not directly earn property from this software, as it is free for people to download. Instead, they earned money through advertisements on their website. 6.Grokster was unable to change the software to control user access due to the fact that the software resided on the users computers and not on a centralized server. In the United States Supreme Court, the vox populi of the appeal favored MGM.The unanimous ruling was that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties. Under these conditions, P2P file-sharing companies could now be sued for copyright infringements. umteen as the most important intellectual property case have dubbed this case in decades (PC Review) Due to the extent of disagreement, which arose as to whether Grokster is protected under the Sony Betamax case, a new test has been developed to determine whether the ruling in the Betamax case protects the software in question. The test assesses whether or not the distributors of the software have promoted it as a means of copyright infringement. If such intentions were found, then the ruling of the Betamax case could not be used as precedent. As long as new innovations do not affec t existing copyrights, then this ruling should not affect them.It is seen by the Supreme Court as a fair balance between the benefits gained by allowing and promoting technological innovation and the need to obligingness the intellectual property rights of artists. However, critics do not quite view it in the same light they are skeptical that the test will work in their favor due to its inherent ambiguity. (PC Review) There are major concerns, however, that despite the good intentions of the court to strike a fair balance between innovation and copyrights, many investors may be put off. If there is a slight chance that a potential project is at risk from this ruling, then ideas are likely to go no further than the drawing board.This could have huge significance, especially regarding the creation of new digital technologies Any threat of liability, and the idea dies Many argue that file sharing is not the problem, which needs to be addressed here it is the issue of the individuals that plague it. On the other hand, trying to hold millions of downloaders responsible for their (numerous) actions would be logistically impossible, and so a more onus approach has instead been used. (PC Review)Therefore, Groksters message could not be any louder or clearer innovators should continue to develop new technologies but they must do so with a lawful intent. In devising a new standard for liability, the Court in Grokster provided an alternative mechanism under which copyright holders could seek redress against technology developers and distributors that infringed on their intellectual property rights by proving un-lawful intent. The new standard appropriately focuses on the infringers conduct and intent rather than the technology itself.Works Cited1. Giblin, Rebecca. Code wars 10 years of P2P software litigation. Cheltenham, UK Northampton, MA Edward Elgar Publishing, 2011. Print. 2. Duke University School of Law, MGM V. Grokster. Web. 2004 2005. http//publiclaw.law.du ke.edu/publiclaw/supremecourtonline/certgrants/2004/mgmvgro.html 3. The uprightness of File Sharing MGM Vs Grokster. Web. 14 July 2012. http//www.pcreview.co.uk/articles/Consumer-Advice/The_Legality_of_File_Sharing_-_MGM_vs_Grokster/ 4. The Official Website for Metro-Goldwyn-Mayer (MGM) Studios Learn More About the History of MGM. Web. 14 July 2012. http//www.mgm.com/ bodily/index.html 5. Vaver, David. Intellectual property rights critical concepts in law. London Routledge, 2006. Print. 6. WIPO World Intellectual Property Organization. Web. 14 July 2012. http//www.wipo.int/ access/index.html.en 7. Grigorian, Kristine. MGM vs Grokster Adopting Patent Laws Active Inducement Doctrine and shifting focus to actual infringers. Maryland, Northampton, diary of Business and Technology, Maryland School of Law, 2005. Print.
Monday, April 15, 2019
Migration Definition tryMIGRATION Migration is a world wide phenomenon that can be viewed in either a modern or historical perspective. Historic each(prenominal)y mouthing, migration has been happening for hundreds of years for various reasons such as racism, war invasions, search for a repair life, famine, and misfortunate weather conditions. Modernly speaking, in a great majority of cases, community have suffering and developing countries that cant provide good conditions for living and raising a family causing them to migrate to another(prenominal) location to in search of a better life style. Some time, in search of better education, unrivaled would migrate to another location to fulfill their destiny.Some even migrate in need to risk unknown relatives that sh be the same bloodline as them due to fact there was a disjunction in where the family split through and through migration. But there are plenty of reasons for migration in where a soul just wants to relocate for their specific reasons. Migrations even plays a role in population, and even bringing in a new culture. Today, I will enlighten you ab stunned this topic by discussing the migration that occurred through out Barack Obamas and his families life. Also, I will speak upon the Dust Storm that played a role in migration. To add on on, I will inform you about he migration that occurred through out my relatives lives. And fin all in ally, I will speak upon the migration that occurred through out the movie Scarface that starred Al Pacino that played Tony meitneriums role.My parents werent born in the United States, still they were looking for better lives and opportunities, so they migrated from Haiti to the United States. My parents growing up in such a poor country that didnt provide much opportunity for them to be able to live a decent life-style forced them to migrate. In search of education, melodic phrases, money, and opportunity, they dogged to start a new life in the join States. When waking up not knowing when you or your family are going to have the next meal, are you going to find the money to pay the landlord, can you pay your childrens education, afford medicine for when someone in your family that is severely sick, or any specific causality that revolves around unobtainable cash, can drive a person a stress level very lofty.In desperate need to turn tail hardship, audition about the United States and what it had to offer such as opportunities, free education, and work, it was a done deal, they go on forward. It was a every day struggle in Haiti for my parents, and they thought leaving Haiti coming to America was the entirely solution to end the struggle and give them a better life to live.Due to difficult times and hard measures, sometimes it is inevitable to stop yourself from migrating to another location hoping for the better. And also, in search of better education, larger-than-life(p) you chances to better opportunities in life, w ill persuade you to migrate to another location that is willing to provide that. in that respect are various reasons in which someone can migrate and through out reading Dreams from My set about by Barack Obama, Ive consumed particular reasons. In this book, Barack Obama explains his life and the life of his parents. Through out the reading, he elaborates on all the various migrations he has done along with his parents.In Dreams from My don, President Obama informs us on plenty of migration that occurred through out his family. Barack Obama, the son of Barack Obama Sr. who is from Kenya, and Ann Dunham who is from Kansas, was born in Honolulu, Hawaii. His father and vex had divorced and his mother met Lolo Soetoro, a javanese surveyor from Indonesia. Both Lolo and Baracks mother att finish the same university. His mother and Lolo ended up getting matrimonial together and his new stepfather moved to jakarta, Indonesia shortly after graduating from the University of Hawaii. Obama s mother graduated from the university as well and decided to move also to go join her new husband. Obama moved to Indonesia leaving Hawaii to live with his mother and he spent ages six to ten there attending school.As years went by, he moved back to hawaii to live with his maternal grandparents. He had earned a scholarship which enabled him to attend a college preparatory school from fifth grade till he graduated high school. His mother got a chance to stay with him for three years along with his sister but he wanted to exceed to Indonesia to do her anthropology field work, but Obama decided to stay in Hawaii with his grandparents for high school. After graduating high school, Obama moved to Los Angeles to attend Occidental college. During that period of time, he decided to visit his mother in Indonesia, and and so after touch off to Pakistan and India to visit college classmate families. Later, Obama decided to transfer to Colombia University in New York City where he majored i n policy-making science. he graduated from there with a bachelor and received two jobs in New York epoch he stayed there for a year. he later received a job in Chicago where he moved there and was a director of the Developing Communities Project.Obama wanted to touch base with the black community more(prenominal) due to him being confused growing up half dust coat and black. After, Obama travelled to Europe for the first time for a period of three weeks and then decided to travel to Kenya for five weeks to meet unknown relatives from his fathers side to bond. Later, Obama then decided to attend Harvard Law School miserable to Massachusetts. After graduating, he left and went back to Chicago. He later got a job again in Chicago where he got a book deal with the University of Chicago Law School. He later ended up becoming a teacher at the University. With him being a civil rights attorney and all the extracurricular activities he was involved in, that lead him to being adduce s enator. Obama travelled back one to Kenya to key his fathers foot steps.Through out reading chapter 11 Dust Bowl Odyssey from the book called After the occurrence the Art of Historical Detection written by James West Davidson and Mark Hamilton Lytle, this chapter enlightened me a lot about the topic of migration showing me how poor weather conditions can play a big role in causing commonwealth to migrate. The dust impels caused people to migrate because of the fact that it brought in famine and unemployment. The poor weather conditions in that area were so horrible, it just caused poor living conditions, which made people have to leave their current location in search of a better life.The Dust storm began May 9, 1934, and by May 11, the dust shifted down to South Atlanta and Boston. Every year on, the storms blew in worst. There were 22 dust storms in total in 1934 and it grew to 72 storms by 1937. The storms were so intense, people thought it was the wrath of god in where when the rain failed them, the crops withered, and the winds hurdled the loose soil across the nation. The crops unbroken falling, the farmers debts kept growing, and soon the banks repossessed the farmers farms. Several farming states felt the wrath of the storms coming in. After watching the storms effects, statistics showed how atomic number 20 gained more than a million new residents in the 1930s. Mostly affected by the noisome weather and the groovy Depression was the south west plains. Unemployment in the region hit one-third of all workers. People started assumptive moving to California was the answer to everything at the moment guessing that the state could be helpful at the crisis moment.43% of California which is nearly half of California, were now farmers and laborers. Families walked to California in search of a better life. 95% of all southwestern migrants to California were white. The population in California was growing fast and California didnt know how to control th is migration, so billboards started to come up saying things such as no jobs in California, 6 men for every job, no state relief available for non residents, and keep out. Although Californias economy suffered and unemployment,remained serious, the state of california was much better off than most of the nation. The economy of California actually grew during the 1930s.Good Highways, passenger car routes, and railroads linked the southwestern plains to California. Because the trip was was so manageable, most families did not necessarily see their move as permanent. By 1940, 83% of all men in the city were eligible to wok had found jobs. Only 28% of the dust bowls refugees found their way. Migration was causing farmers to make deficit in profit. This migration caused regular farmers from California to give up about farmer migrators and made foul remarks towards them. The United States has been transformed by a civil rights gyration ever sine the dust storms swept across the south w estern plains. It has been reminded of its diversity by the regenerate tide of immigration in the wake of the Immigration Reform Act of 1964.For example, in the 1983 film called Scarface direct by Brian DePalma which starred famous actor Al Pacino who played the lead role character of Tony Montana in the movie, migration played a major factor in why Tony Montana reached the success he did in he film. Tony Montana was from Cuba and after departing from there in search of his American Dream , he tried to migrate to the United States but was denied by INS officials who seemed to believe he was involved in political criminal activities . So, they detained him and sent him to a camp called Freedomtown under a expressway with other fellow Cubans while the government reviewed their visa petitions. While incarcerated in that camp, Montana was offered a deal to kill a author aide of Fidel Castro called Rebanga for a visa by Frank Lopez (a wealthy, political astute man who dealt cars and was involved in the drug trade) for the simple fact Rebanga tortured Franks brother to death.But in desperate need of that visa, to escape the poor life in Cuba, he murdered Rebanga, and then departed to come to Florida. In Florida, he got involved into the drug trade and got into certain situations which lead him to meeting a drug lord called Sosa. By Tony Montana migrating to Bolivia for Franks personal business purposes, Montana and Sosa make friendship, which leads to Tony taking over the cocaine business in Florida. Even though the story ends very brutal with the death of Tony, migration was the cause of why Tony reached his success illegally due to the fact of him trying to escape poverty and search for his American Dream.As you can see, migration plays a big role in the world that we live. Migration is the cause of population increase and decrease. People migrate in cause of chasing a better life style in which they are trying to escape the bad living. People migrate in search of education, jobs, family, opportunities, escaping poverty, famine, and poor living. Migration is the key to success in some cases, in where finding another location to live can branch them off into great possibilities. Migration can cause reduction in money that used to be obtained regularly due to increase in venture. Migration essentially has its ups and downs, should be controlled due to population increase which may have its consequences. But, migration has its pros and cons where it could be beneficial for the migrator or not be beneficial for the people of origin in the location the migrator moved.Work CitedDePalma, Brian Stone, Oliver. ScarfaceObama, Barack. Dreams From My Father 1995West, James Mark Hamilton. After the Fact The Art of Historical Detection chapter 11
Sunday, April 14, 2019
What I Would salmagundi About the World EssayIf I had the power to change terce things in this world they would excite to be I would change who ran our country, I would stop sending our milling machinery jobs to China and Mexico, and I would in any case put a stop to the unnecessary violence going on around us. To me these atomic number 18 three very important issues that demand to be changed by this I think the world would be a better place. I think we need a different president this isnt a antiblack statement or anything of that sort. I believe we just need a different president because he has already had four years to make a change, yet he hasnt made that braggy of a difference.We need a farmer as president. Farmers know how to plan out and deal with fulminant problems. Take for example, President Carter, a peanut farmer, people loved him and most things he accomplished during his term. Secondly, we need to stop sending on the whole of our jobs to other foreign cou ntries. Think virtu totallyy it, in the States we are scummy from job loss and in a great deal of debt. We send most of our factory and industry jobs over to China or Mexico, when we really could use them here.If we took back factory jobs in America it would cut back on unemployment rates, and we would create a more stable economy for us Americans. Also, we would extradite the reassurance and pride of creating our own products in The United States. One of the most important changes we need to make is lemniscus the violence in America. Through-out Americas history we have had numerous bombings, shootings and other horrific, violent events. This is all unnecessary, we are the United States of America ( emphasis on United. ) And there should be no conclude for all of this unnecessary violence toward our fellow Americans.And a nonher way we could end unnecessary violence is to underwrite down all the guns that are registered to the owners and make sure that the owners of the guns actually have them. Also to put metallic element detectors like at airports in every building to make sure no weapons that are non legally c formerlyaled or registered to be allowed inside. So if I had the power to change three things about the world I would end all of the violence towards fellow human beings because its pointless to equipment casualty one another for religious beliefs.And to take away all of the illegally owned weapons away from all of the criminals and that would take away the majority of the violence toward each other. I would put a President in office that would actually live up to his promises to change the country and bring us out of debt and not to have the other countries look at us as a weaker country as to what we once was. Also i would also bring all of the jobs that we are sending to foreign countries and providing them jobs when we are suffering from the lowest employment levels that I can remember.
Saturday, April 13, 2019
Pluto or Neptune EssayDr. Derik Johnson is amplyly acclaimed for his knowledge and research in physics. He has through with(p) a lot of research on the force of gravitation, and has a very conclusive notion in his mind that if temperatenesss gravitational pull is so great that it can compel a system of 9 planets to rotate around itself, then objects on earth, which is relatively very near to the sun as compared to Pluto or Neptune, should also f wholly towards sun, and not down towards the centre of the planet. He defies Newtonian theory on gravitational pull.Years of concentrated research on this notion, enable him to make a device, which can reverse the gravitational pull on every object. His joy does not know any limits, on this achievement. This is a device, which has a monotonous surface and which can be held in ones hand. Once the flat surface is made to face the Sun for 5 minutes, it gathers enough expertness to change the gravitational line of business acting on an y body. So, if he points this device to a person walking on road, it would look to him as if, the person is getting carried upwards. To a common person, this device appears as if it is a round reflect of 5 inches diameter, and nothing else.Dr.Deriks close friend John Mathew, is a shrewd businessman with intense sense of business opportunities. It was because of this sense of turning innovations into business, that he was a very wealthy man today. As a close friend, he discusses Dr. Derik discusses his invention with John, who perceives a gigantic business opportunity in this device. Now, haemorrhoid and tons of load can be lifted upwards, with this small device No extra energy no extra efforts His shrewd business mind tells him that cranes and lifting devices could be a thing of past, if this invention could be turned into a working, marketable crossroad. Both work together, incessantly, to bring out a commercially workable product, which can make any object move upward, just by pointing towards it. This product creates as fall upon in the market, and becomes an outright success. It becomes a minting machine for this duo. This run for minting money through this product, did not last long. except within a few months of its existence, reports of varied misuse of the product started flowing in and making headlines in the news channels and papers.While it proved very beneficial to the industry which had real time applications, it became a nuisance for others. Mrs. Alice, the head of an NGO, filed a law suit against this company, on behalf of a young girl, Edwina. It so happened that a boy studying with Edwina was madly in love with her, and wanted to marry her. Edwina was in no toughness to agree to his proposal, and had been rejecting this boy consistently. So, this boy, uses this device, to shoot a small clip, with her walking above the surface of the earth. Since she was wearing a skirt at that time, the camera was able to shoot her private parts also. This was obviously very viscid to Edwina.Her MMS clips started circulating around the campus, then the town and then to the whole world through the internet. Edwina reported this encase to Mrs. Alice, who was very upset at knowing her story. She approached the courts, and filed a law suit against the manufacturers, demanding a very life-threatening penalty in favor of Edwina, and immediate withdrawal of all the products from the market, and closing down the manufacturing unit. The court, decides to withdraw all the products from the market, pay heavy compensation to Edwina, but does not order closing down of the manufacturing unit. Instead, it issues an orderthat the product could be marketed to genuine customers only, who have to obtain a license to buy this product. The court also orders Dr. Derik to perform the design in such a way that only a person with very high technical skills can use it. ( Dear customer the resemblances are as follows Dr. Derik Dr. Frankenstein, the product the monster, Edwina- William who was the victim, John- Henry, and Mrs. Alice- Elizabeth). Reference 1) superior Frankenstein, Wikipedia the free encyclopedia, retrieved on 5 january 2008 from http//en. wikipedia. org/wiki/Victor_Frankenstein
Thursday, April 11, 2019
Commentary on Wilfred Owens Dulce Et Decorum Est EssayIn this commentary, we will take a deep look into this poem that Wilfred Owen wrote. In the poem, a classify of spends are described, and their emotions. U infernog three maneuver questions, this will be an introduction into the stylus Owen writes his poems. Answering these guiding questions will give the reader the full package that the poem has to offer. The first guiding question that is to be answered is How are the whole toneings amongst the soldiers described? First of all, one tramp say the soldiers all feel as if they were torn apart. This is notable in the way the soldiers cursed through sludge, and how the men marched sleepy-eyed.Despite their fatigue, the group of men still have a strong bond, as they did not retrieve only of themselves while shouting gas GAS Quick, boys . This explains they are prepared to share their senses, and not asseverate them to themselves only. The bond between the soldiers is als o notable when they all watch their mate slowly die, while they can do no occasion about it. The way the soldier feels while seeing his friends death, makes him (and likely his mates) feel that destruction for their country, and seeing others die, isnt all that honourable. The second aspect of the poem that needs to be looked at is the nimbus that the writer calls up.This atmosphere can be described as a projectile one. It goes from the gray and darker mood to a fast-paced one, while ending in the depressing situation of a friends death. The gray and dark atmosphere is found in the way the soldiers limped on, blood-shod through the land. The group was drunk with fatigue, and didnt have the energy to walk in a faster pace. In air 9 however, the mood shifts as the green sea of gas approaches the soldiers. Described as an ecstasy, the men fought against the metre and put on their helmets as soon as possible, to avoid death.The poem starts its depressing atmosphere in line 15, whe re the soldiers behold the death of their friend. They want to do anything to save him, but were hopeless, so they flung him in the wagon, and watched the white eyes writhing in his face. Owen leaves the reader with the same emotions the soldiers felt, the fact that they felt betrayed by their country. Lastly, a look needs to be taken into the poetic devices in the poem, and how they contribute to the message. The most notable thing in this area is the way Owen shocks the reader. The message itself describes the old lie that dying for your country would be sassy and fitting.Owen wants the readers to understand how many people really care for one soldiers death. In the work paragraph its almost clearly stated how one would feel while dying for their country. The dying soldier leaving behind his hanging face, like a devils sick of sin would give an image of how he would be dying his painful death. The reader could imagine the pain the soldier has, and how the other soldiers around him would feel. These three given answers on the guiding questions should give you a more in depth look into the poem, and give one understanding to the questions the reader might have himself.
Wednesday, April 10, 2019
Fishbone Diagram sampleFishbone diagram allows Hotel Escargo to turn the problem upside down working through the roots so that the tailor is fixed. It is also easier to fix the smaller problems that lead to the main problem. Looking at the check in delays, there are a lot of small issues that have led to this occurrence. The first issue is computer malfunctions. Often beats, computers angle to freeze due to glitches in the used software causing them to lose customers entering information. This issue causes customers not to get their room which is a check-in delay. Another issue is not having valid and filed credit cards.When checking in, roughly customers enter the hotel with credit cards that are either expired, maxed out, or not in service. This leads to customers not world able to check-in their room which is another check-in delay. Not having rooms prepared for guests because of a delay cleaning crew leads to check-in delays. Having no available bellmen due to them a ssisting other customers also leads to check-in time delays. This results from having a shortage of bellmen. Bad front desk service due to them being slow, unorganized, and having a shortage of workers leads to check-in delays. Last but not least, not having a pre-reserved room also leads to check-in delays because individuals have to go through the reservation process the day they try to get a room. If all of these issues are interpreted care of, check-in delays will be eliminated.
Monday, April 8, 2019
Us Foreign constitution With value To Iraq EssayDuring the immediate post 911 period, President George W. bush-league spent ample era addressing the fall in States and the institution on the need to pursue and install nation in Middle atomic number 99 as a spacious term strategy to winning the fightf atomic number 18 against dread. This came in the wake of the events of the September 11th holy terror attack that left America shaken to its core. Such address by President render to a lower placestandably defines in a summary the contemporary US unlike insurance constitution on Iraq. This paper will inadvertently analyze the exotic insurance insurance of the unify States on Iraq. It will look at the penury behind much(prenominal) indemnity, its achievement and the criticism that such a policy has attracted. Iraq has been a core unresolved in the join States foreign policy of long to an extent that it has been instrumental in shaping domestic help and globa l politics. The nature of the United States foreign policy on Iraq is a reflection of the kin that these cardinal nations and the kind of the interaction that there draws subscribe been having.A look at the past decades of this traffichip reveals that it has been full of conflicts and hostility, with the United States being the dominant player and Iraq, despite its immense resources, being on the receiving give the axe although in defiance. The events that have shaped this modern foreign policy began taking shape in the 1980s. In the 1980s, Iraq was under the tutelage of the United States, benefiting from immense economic aid and too non-direct military support.By the time of the Iran-Iraq war, the United States did not issue sanctions despite Iraqs bombing of the Kurds instead it resulted to appeasing the then Iraq leader ibn Talal Hussein Hussein and intervening on his behalf. This relationship soured in the early 1990s later Iraq forces invaded and began an crease in Kuw ait citing unpaid up debts and oil feud. With the takeover highly condemned by the United Nations, the United States moved in with speed by sending its troops to the voice signifying the commence of the process Desert Storm stimulateed at dislodging Iraq from Kuwait.Allied forces led by the United States liberated Kuwait and oblige a United certificate Council resolution to dismantle all the held weapons of mass demolition by Iraq by means of an operation by the United Nations Monitors. The United States in a bid to extend its presence and occupation erected what came to be known as the no-fly zones heavily putting a stiff reli foreverriction on Iraqs sense of sovereignty. This would indicate the start of a conflict that has by remote come to shape nows United States foreign policy in Iraq and by extension in the Middle easterly (Chollet, D.and James G. , 2008, 33). The United States since the end of the Operation Desert Storm has maintained its presence unleashing a seria l publication of air strikes towards Iraq. As a formal protest towards this transgression, Iraq began restricting the presence of the United Nations weapons inspectors terming them as a part of a larger espionage effort by the United States. Air strikes to this region have convey a common event since 1993 by two the British and the United States forces.In a policy that has been sanctioned and appropriately defended by the successive American regimes, the United States has taken over the air put and heavily patrolled Iraqs naval bases during Saddams regime to restrict either movements or any aggression towards Iraqs neighbors. The United States took an active role in enforcing the sanctions as placed by the Security Council of which it is a key member possessing veto powers. Such sanctions were put in the hope that the hardships experienced would have a resultant effect of producing negative sentiments against Saddams mold.They were counter productive though as they strengthene d Saddams resolve towards his stand in Iraq. One of the negative sides to the US support sanction was that they only affected the citizens but not the ruling elite, while producing a generation that was anti-United States (Glenn P. ,2003, 58). The taper of the United State foreign policy as can be obviously discerned has been influenced by 2 things terrorism and the first Gulf war.It is important to note that those that have largely supported the United States policy on Iraq have enamorn it as a necessary measure to free up the Middle East military for further actions against Al Qaeda, to liberate the Iraqis people from their danger and establish, a bunch bed of Arab democracy (Richard A and Howard F. , 2004, 69). Such arguments have been widely criticized and indeed the United States foreign policy in Iraq has move to draw mixed controversies with those in support of it being seen as pro war.There are those that see the United States policy as motivated by self interests and oi l needs believing that if successful, such a foreign policy would prompt US and multinational petroleum giants to rush into Iraq, dramatically change magnitude the out put of a nation whose oil reserves are second only to that of Saudi Arabia . (Nafeez M. , 2003, 234). Such sentiments have become prevalent in view of the raging debate over a foreign policy that has led the United States to be on a war path with the rest of the world.Most people in the world did not see the essence of the United States invasion. Polls taken prior to the commencement of the war had indicated that they did not favor the invasion which they did not see as justified. This would rationalize why the international community, the likes Russia, China and France failed to support the war, at the backdrop of the growing negative sentiment at home. The United States and the United Kingdom were alone in this war (Robert J. P. , 2005, 23).It is important though in the akin light to analyze Presidents Bushs fea rs over the possibility of Iraq harboring terrorists and the presence of weapons of mass destruction. As aforementioned, terrorism and the Gulf War of the early 1990 have had a significant impact on the structure of the authoritative foreign policy towards Iraq. The United States during the Iran/Iraq was as history holds it, playing a crucial role in arming Iraq and probably turned a blind eye as Saddam Hussein stockpiled mordacious arsenals in readiness for an aggression with Iran.By then, the relations between the US and Iraq were what can be draw as cordial with the United states hoping to use Iraq to contain the extremities characterizing Iran. Through this appeasement, Saddam Hussein was becoming unequivocal figure with little concern from the United States. The Kuwait invasion changed all this. With the search for weapons of mass destruction being in the fore several years later the Gulf War, President George W. Bush truism a perfect opportunity to invade Iraq citing the formers reluctance to allow the search by the United Nations weapons inspectors.Since then, reference to the WMDs became an important tool in the formulation of foreign policy and in thrum up support for the war at home. The reluctance of the United Nations to sanction a strike against Iraq prompted the United States to near unilaterally take the matter into its own hands and wage war against Iraq. Capturing and hanging Saddam Hussein tragically ending decades long rule. The demise of Saddam and the fall of his regime would bring some other key phase to the United States foreign policy, centering on how to contain the warning factors and maintain field pansy (Thomas E.Ricks, 2006, 54). Whether the terrorist attack by al Qaeda on September 11th prompted the renewed vigor in the foreign policy or it was a mere excuse to end Saddams rule is not clear. What is clear is that, the events of 911 prompted a radical shift in the policy of United States towards Iraq (Thomas G. et al, 2003 , 86). The United States has been for long grappling with terrorism and maintains a huge list of suspected terrorist organization as well as nations that have links with such terrorist groups, either those that provide them with financial support or operation bases.The al Qaeda tops this list followed by other terrorist organizations from the Middle East. Indeed the nature of us foreign policy towards Middle East is structured in a way that insinuates that it regards the Middle East as the hot bed of terrorism. A visibly angry President Bush in the wake of the terror attacks warned that states that harbor terrorists would be subject to military action further warning the rogue states that in his Bush Doctrine, either you are with us or you are with the terrorists (Harvey W. , 2003,401).This was the vague link that was being used by Bushs administration in the bid to garner domestic support for a war that prove afterwards to be grossly unpopular. Indeed, a huge portion of the Americ as current foreign policy towards Iraq was influenced by this attack. President Bush exhibited an unrestrained impulse to install a new regime in Iraq and hence the excuse of the terror attack was a prefect opportunity. Bushs administration had gained a mete out of support both domestic and international in the war against terror especially directed towards al Qaeda in Afghanistan.The Afghanistan war commenced immediately after the 911 strike and was unanimously sanctioned by the congress. This was through with(p) in the belief that al Qaeda had formed a base in the mountainous region of Afghanistan. By extension, President George W. Bush believed that the existence of an unfriendly regime in Iraq would exacerbate the war against terror. The sign claims by the Bush administration that Saddam was harboring and aiding terrorists could not hold water.The reasons for the attack are still unclear, as Stefan H and Jonathan C (2005, 155) notes weapons of mass destruction links with al-Q aeda, human rights abuses covered a wide and ever changing kaleidoscope. This is because the claims on the presence of weapons of mass destruction have been largely discredited and is retrospectively seen as a politically convenient pretext (155) Indeed the general feeling is that the main reason for this war revolved around oil. It is worth noting that the United States foreign policy took a new turn after the toppling of Saddam Hussein.The United State had commenced a war without the proper authorization and sanctioning by the United States. With Saddam gone, the war had to be legitimized by installing a electiveally elected government. Iraq conducted elections towards the beginning of 2005 under the watch of the United States military. Many argue even that such elections were used to disguise the huge discontented characterizing the Iraqis population with the hope of delivering how united they were. History is rife with such examples where elections have been used to show na tional unity in the face of a brewing conflict underneath.With the rubberstamp of the United Nations, through the passage of resolution to oversee the elections, the United States had set the terms and conditions of the elections and was keen eyed to ensure that its vista of choice emerged the winner. The Transitional Administrative Law which is playing a huge role in the organization process of the Iraqs government, has given the United States a clear commandment, though defacto, to control Iraq. The post Iraq policy has been facing a number of challenges which most(prenominal)ly have been centering on the waging ethnicity in Iraq.Anna Mulrine (2008) identifies four challenges that are being encountered in the post war policy towards Iraq. The first one is the local militias. The United States has commenced a program that seeks to integrate the local militias into the police force to take advantage of their basic training and inscription to the government especially the Sunni citizens. This fact however is exacerbated by the fact that these militias owe divided loyalty to both the government and to the insurgents. The rebuilding of Iraq is also hampered by the reduction of US forces in Iraq.There are plans to vanquish the number of US Army in Iraq due to the domestic opposition to surge at home. This creates a problem because the general feeling is that the Iraq police are too biased to be left to carry through the reconstruction policies alone (Condoleeza R. , 2008, 52). The success of the United States foreign policy towards Iraq has not been largely seen by many a(prenominal) especially in the knowledge that the war in Iraq had been largely criticized. Any success garnered so far is overshadowed by the intense criticism and the news of the numerous deaths and attacks suffered by the United States soldiers in a foreign land (Robert J.P. , 2005, 67). Most protagonists of war identify the toppling of Saddam and his consequent hanging as a study step towards democratization. In the words of President Bush, his toppling was a signal to all dictators that their numbers are numbered. The aim of the war was to make the world a safer place and secure American interests. This however is yet to be achieved as the war against terrorism is far from won. The recent elections and the setting up of a government however may be seen as a success to such policies but the war is yet to be over considering the huge in protective cover charactering major towns in Iraq.United States soldiers are being killed daily and cases of felo-de-se attacks are common, an indication that this war is far from over (Allawi, Ali, 2007, 46). The United States foreign policy has been largely criticized both domestically and internationally. Most of these criticism centers on the military intervention and the justification behind such intervention. Bush administration had misrepresented information on the urgency of the war due to the presence of weapons of mass d estruction. This proved to be exercise in futility as the weapons were never found.The United States decided to take unilateral locomote despite there being no evidence to indicate that indeed Iraq possessed WMDs. The links to terrorist could also not be established indicating that the evidence was largely manipulated. The fact that the US invaded Iraq without a proper mandate from the United Nations has also drawn criticism as it was in violation of the resolution 678 which was passed at the lift of the Gulf War. Bushs immense criticism was emanating from the public which led to the decline of the governments approval ratings to down the stairs thirty percent making president Bush the most unpopular president to be in office.International criticism centers on the unilateralism of America and also using democracy and terrorism as a disguise to the pursuits to secure oil resources in Iraq. It is apparent that the United States and Iraq have not been enjoying the best of relations in the past years. To Americans since the gulf war in the early 1990s, Iraq was the biggest threat to the worlds security as long as Saddam Hussein was on the driving seat. The United States foreign policy had been structured to reflect this.It is this suspicion that would lead the Bush administration to invade Iraq, topple and hang the tyrannous leader in the bid to install a democratic government in one of the most defiant nation in the Middle East. President Bush used lies and manipulation of evidence to start up a war that has lead to the down fall of his presidency. The United States effort to install a democratic government and curb insecurity is yet to materialize as it is facing a myriad of challenges in addition to the growing criticism back at home.Crucial concern now to the United States foreign policy on Iraq is how to maintain peace and stability in a volatile country so as to implement the set program towards reconstruction.BibliographyRichard A. Falk, Howard Friel, 2004. The Record of the Paper The New York Times on US Foreign polity and International Law, 1954-2004. Verso. Nafeez Mosaddeq Ahmed, 2003. Behind the War on Terror Western Secret scheme and the Struggle for Iraq. CLAIRVIEW BOOKS. Harvey W. Kushner, 2003. Encyclopedia of Terrorism. SAGE. Anna Mulrine, September 16, 2008.Four Challenges Petraeus Leaves Behind for His Successor in Iraq. News World Report. Retrieved on 0ctober 15, 2008 from http//www. usnews. com/articles/news/iraq/2008/09/16/four-challenges-petraeus-leaves-behind-for-his-successor-in-iraq. html? PageNr=2 Stefan Halper, Jonathan Clarke, 2005. America Alone The Neo-Conservatives and the Global Order. Cambridge University Press. Robert J. Pauly, 2005. US Foreign Policy and the Persian Gulf Safeguarding American Interests Through Selective Multilateralism. Ashgate Publishing, Ltd. Robert J. Pauly, Tom Lansford, 2005.Strategic Preemption U. S. Foreign Policy and the Second Iraq War. Ashgate Publishing Ltd. Thomas George Weiss, Margaret E. Crahan, John Goering, 2004. Wars on Terrorism and Iraq Human Rights, Unilateralism, and U. S. Foreign Policy. Routledge Thomas E. Ricks, 2006. Fiasco, The American Military Adventure In Iraq. Penguin. Chollet, Derek and James Goldgeier, 2008. America Between the Wars. Public Affairs, Perseus Books Group Allawi, A. , 2007. The Occupation of Iraq triumphant the War, Losing the Peace, New Haven, CT Yale University Press.