The Immigration Act Of 1882 - 900 Words

With the founding of the United States government, many Americans have expressed a variety of attitudes towards those who differ from the majority culture. Furthermore, as can be seen throughout America s history, one can pull many example of how Americans have acted towards the other. For instance, many Americans began to fear that the immigrants had been coming faster than they could become good Americans and be made part of American life which provides a way of seeing how Americans felt about those traveling into the country at that time. Moreover, these attitudes towards different types of cultures were placed into policy making, religions, and languages that differed from the majority. Throughout the nineteenth century, many of the policies that were passed were formed on the idea of trying to keep the other from increasing into the majority. In fact, during the year 1882, the United States government allowed two major immigration laws to be passed, the Immigration Act of 1882, a series of laws have been passed prohibiting the bringing over immigrants under contract to labor . Additionally, the Chinese Exclusion Act required the few non laborers who sought entry to obtain certification from the Chinese government... but this group found it increasingly difficult to prove that they were not laborers because the 1882 act defined excludables as skilled and unskilled laborers and Chinese employed in mining . Moreover, those policies may provide someShow MoreRelatedGuarding The Golden Door : American Immigration Policy And Immigrants948 Words   |  4 Pagesthe Golden Door: American Immigration Policy and Immigrants Since 1882 -By Roger Daniels Guarding the Golden Door by Roger Daniels provides an overall clarification of the immigration system in the United States throughout the past and in latest policies. Ever since 1882, America claimed that the settlement objective was to prevent it from occurring, although it permitted the complete opposite. Thus, the single factual policy that has been realistic to American immigration is that it is on a constantRead MoreImmigration Laws Essay examples1213 Words   |  5 PagesPrior to 1882, there were not any formal acts that controlled immigration. The Act of 1875 merely prohibited the importation of women for purposes of prostitution and the immigration of aliens who are undergoing conviction in their own country for felonious crimes, other than political... The Act of 1882 levied a head tax of fifty cents for every passenger not a citizen of the United States, and forbade the landing of convicts, lunatics, idiots, or of any person unable to take care of himselfRead MoreEssay on Guarding the Golden Door1551 Words   |  7 PagesAmerican immigration history is the story of bonded, free, and enslaved migrant labor. Immigration to a settler society advances resource extraction and economic development. Extracting agricultural products and natural resources from land can Require forced labor. Over the last 30 years the United States has been turning once again into a nation of immigrants. Roger Daniels is especially sensitive to the role of race and ethnicity in shaping American immigration policy. Daniel provides an expertRead MoreWhy Did Chinese Immigrate to the United States?1053 Words   |  5 Pagesand England. There are as many as 12 million immigrants at this time. Regarding Chinese immigration, they immigrated to the United States from 1849 to 1882. Between this period, America had California Gold Rush, which is one of the reasons Chinese people immigrated. Because the Chinese Exclusion Act was taken into practice, no more Chinese people could immigrate to the United States after 1882. Chinese immigration is the divergent point for Chinese’ lives who lived in America. The main reason ChineseRead MoreChinese Exclusion Act Of 18821608 Words   |  7 Pagesorganizations, Congress passed the Chinese Exclusion Act of 1882, which banned Chinese immigrants from entering the country for decades. The Act stated that any Chinese immigrant â€Å"found unlawfully† in the country â€Å"shall be caused to be removed.† President Chester A. Arthur signed the Act for the protection of America since the Chinese were defined as being a threat to America’s economy and undermined American values. However, the Chinese did not comply with the Act. Determined to enter and remain in the UnitedRead MoreIn 1882, Congress made considerably stronger move in the Chinese Exclusion Act, the countrys first700 Words   |  3 PagesIn 1882, Congress made considerably stronger move in the Chinese Exclusion Act, the countrys first supremacist, prohibitive movement law. The Act suspended all movement of Chinese workers for ten years and precluded any court to concede Chinese individuals for citizenship. What brought the Chinese to America in any case? Likewise with numerous migrant gatherings, it was a combo of push and draw components. Numerous meant to escape destitution and oppression in China and would have liked toRead MoreGold, A Railway The Length Of A Continent, Progress, And New Beginnings1629 Words   |  7 PagesPoverty, danger, and injustice awaited the Chinese in America. The racism and discrimination inflicted upon the Asians by the Americans was provoked by the behavior exhibited, and jobs performed by Asians in America, and engendered laws limiting immigration of Asians. The Chinese came to America to escape the poverty and chaos in China. In 1850, around the same time the gold rush era began in California, a devastating war swept across China. According to historian and author, H. W. Brands, â€Å"China hadRead MoreImmigration to the US1148 Words   |  5 Pageslaborers (â€Å"Chinese Exclusion Act†). Thereafter, sudden changes in political actions were made. The Chinese Exclusion Act of 1882, for example, was ratified to halt legal immigration of Chinese immigrants into the United States for ten years(Takaki 81). â€Å"The exclusion legislation led to a sharp decline in the Chinese population --- from 105,465 in 1880 to 89,863 in 1900 to 61,639 in 1920† (Takaki 112). Nearly a decade after the enactment of the Chinese Exclusion Act of 1882, many entrepreneurs wereRead MoreCauses Of The Irish Famine1370 Words   |  6 Pagesworkforce. Greeks brought many things to the United States: the growing culture and many new food dishes that some of us enjoy. Asian Immigrants: Chinese 1849-1882, 1882-1965, and 1965 to the present. The first period began shortly after the California Gold Rush and ended abruptly with the passage of the Chinese Exclusion Act of 1882. During the first period hopes of being to send money back to their poor families, or of returning to China after a few years with newly acquired wealth was one ofRead MoreImmigration Reform Is Needed For Our Country880 Words   |  4 PagesImmigration reform is desperately needed for our country; otherwise unauthorized immigration will continue to be on the forefront of our country’s problems. Obtaining a visa for any reason has become an extremely difficult process, and many immigrants do not even qualify to apply. There are approximately 11.3 million undocumented immigrants in the United States. Prior to 1882, when the Chinese Exclusionary Act was passed, the United States had open borders. Immigration was further restricted with

Juwi Analysis - 1274 Words

Juwi - what next? Company – Overview: Juwi is one of the world’s leading companies in the area of renewable energy The name is built by the first two letters of the surnames of the founders Fred Jung and Matthias Willenbacher. The company operates in the solar, wind, bio-energy, hydropower and geothermal energy sectors, as well as in the areas of green building and solar electro-mobility. What was originally a two-man operation has grown into a multi-award winning company with 1,750 employees in 15 countries. As there isn ´t one specific problem to be solved we chose to apply the Strategy Orientation Analysis. 1.) History, growth amp; development 1996 the company was founded by Fred Jung and Matthias Willenbacher 1997,†¦show more content†¦* Difficult to generate interest among potential employees. (Relatively unknown to potential employees) * Low market share of only 0.5% on a global scale 3. Analyse external Environment Opportunities: * no price risk for projects in renewable energy. (for the next 20 years, a producer of electricity power from renewable resources benefited from a price guarantee for electricity fed into the grid and in addition, a guarantee that the electricity produced would be fed into the grid.) * wind and photovoltaic energy production, were expected to be the main market growth drivers over the next decade: Development of installed electricity generation capacity by wind mills in Germany increases by 11% p.a. Development of installed photovoltaic electricity generation capacity in Germany increases by 18% p.a. Threats: * competition is fast increasing in this field. * feed-in tariff regulation is likely to change so that conditions for alternative energy generation will be far less favourable in the future * industry is vulnerable to the impact of political decisions. * suppliers are starting to enter their home turf, they too are beginning to design projects to produce alternative energy, and selling them to investors Porter ´s 5 Forces * Intensity of existing rivalry: Competition is fast increasing as it is profitable Government limits competition through feed-in tariffs * Bargaining power of

Post Modernist Director Jim Jarmusch free essay sample

Jim Jarmusch is one of the prominent post-modernist directors whose works produced a profound impression on the audience and often evoked quite controversial emotions. His films are very original and convey the authentic message of the author, but the director often chooses such means of conveying his ideas that his works are perceived in different way by different people. In fact, some people enjoy his films and believe they are genius, while, on the other hand, there are people who do not really understand his works and are very critical in relation to his works. At the same time, it should be said that his films are destined not only for specialists but also for the mass audience, though the director’s ideas may be not always clear for ordinary viewers. Nevertheless, the artistic value of his works is practically undeniable. As a rule, his films are stylistically and artistically rich. The director skillfully applies different stylistic devices which help him convey his message to the audience. Among films created by Jim Jarmusch, it is possible to single out his film â€Å"Down by Law†, which depicts the tragedy of main characters who have to pass through serious challenges in the course of the film. At the same time, this film is a perfect sample of post-modernist films, where main characters confront severe reality of the modern world and where it is really difficult to distinguish between good and evil, right and wrong. In his film the author shows that in the epoch of high technologies, there are still a lot of problems which affect the life of ordinary people and make the life very difficult and even tragic. On analyzing the film â€Å"Down by Law† by Jim Jarmusch, it is necessary to start with the title of the film because it gives insight into the contents and message of the film. In fact, the title of the film is quite symbolic, though it is practically directly indicates to the overwhelming power of law and its impact on an individual. The title of the film clearly conveys the message that the law can affect the life of people dramatically and, what is even more important, the law is not always right or good. Basically, it is possible to estimate that Jim Jarmusch attempts to moralize and analyze the relationship between an individual and the law. Judging from the title, the director stands on the ground that the law can oppress an individual, it can deprive a person of freedom and punish severely. In this respect, the events depicted in the film are quite logical and basically support first ideas that the title of the film evoke. To put it more precisely, the main characters, three inmates, Zack, Jack and Bob, are cellmates and the director attempts to show that all of them are innocent and were wrongfully accused of crimes they have never committed. Nevertheless, all of them are sentenced and, therefore, punished by the existing judicial system which executes the law established in the society. In such a way, the author uses the title to prepare the audience to the perception of the film and adequate interpretation of his main message and ideas. It gives insight concerning the problem raised in the film, but, at the same time, the title also creates certain emotional state or mood which prepares the audience to perception of the film in the way the director finds the most suitable. To put it more precisely, the title has quite a negative connotation of the law. Traditionally, the law is associated with justice. The modern society gets used to perceive law as the basis of the social life, since laws regulate relations between people and support the existing social order and social stability. The violation of law naturally leads to the punishment of an individual through which the individual is supposed to be corrected and change his lifestyle and behavior. In other words, the law is viewed as a tool of the adaptation of the behavior of an individual to socially appropriate and acceptable norms. In such a context, the law is viewed as a positive concept since it maintains justice and social stability that are highly appreciated in the modern society. However, the title of the film suggests an alternative view on the law. Implicitly, â€Å"Down by Law† tends to convince the audience that the law is the punishment above all and its power is used to get people down, while there is little indication to any kind of justice in the title of the film. On the contrary, such a title rather produces an impression that the law is not absolutely just, if not to say unjust. In actuality, the title of the film refers probably to one of the major themes of the film – the relationship between a man and the law. Remarkably, the author attempts to show that the law is really oppressive that may be seen from the title of the film. However, such a conclusion is logical and the title is only a tool with the help of which the director conveys this idea. In actuality, the entire film shows that the law, as a tool of human justice, is often blind. Jim Jarmusch shows that the law is not a synonym of justice. In stark contrast, the law is shown as a powerful tool which has little in common with the concept of justice (Jilesen, 236). Even thought the concept of justice is not clearly defined by the director in the film, it is very difficult to get rid of impression that the law is wrong, at least in relation to the main characters, who got their sentences for crimes they had never committed. In actuality, the director manages to show that the concept of law, as a symbol of justice, is very conventional and it seems as if he wants to convince the audience that people should not totally rely on the law and the justice system at large, because there still remains the risk of errors and innocent people can go to prison. At the same time, Jim Jarmusch pays a lot of attention to interpersonal relations between people. In fact, it is even possible to estimate that the director attempts to underline the significance of interpersonal relationships, which can outweigh even the relationship between a man and the law. Unlike the relationship of a man and the law, the relationship between people is not conventional. In stark contrast, they are very personal and people can learn more about each other through communication and, in such a context, decisions of the judicial system made on the basis of law are absolutely irrelevant to people. What is meant here is the fact that the main characters of the film, the three cellmates, could perceive each other as criminals. Formally, all of them were accused and sentenced to different terms. Therefore, they could naturally perceive each other as criminals because the law defined them as criminals. At the beginning of the film, the director actually shows that such stereotyping on the basis of decisions of the judicial system can affect the perception of people. In such a situation, it seems to be quite natural that Zack and Jack soon come to blows because they perceive each other as criminals and, in actuality, their conflict is, to a significant extent, provoked by stereotyping and biased attitudes of Zack and Jack to each other. In fact, it is the biases and stereotypes imposed on them by the law lead them to the conflict. However, the director of the film apparently does not really believe that the law and the existing judicial system is worth trusting. Jim Jarmusch lays emphasis on the importance of interpersonal relationships which actually define the life of people and their perception of each other (Jilesen, 218). In other words, the director puts human relationships consistently higher than any conventional norms or regulations imposed on people by laws, traditions, tc. In fact, it is through the interpersonal relationship between people their nature and character is revealed. In this respect, it should be said that from the point of view of the law all the three inmates are criminals, but through their interpersonal relationships, they reveal the fact that they are not as bad as they seem to be judging from their sentences and crimes they are accused of. On the other hand, the director avoids labeling his main characters as either positive or negative. He wants to show that his characters are real people, they are alive, they have their own feelings, emotions, ideals. Briefly speaking, they are humans and, therefore, they are imperfect. At any rate, Jim Jarmusch does not idealize his characters and shows that they have both positive and negative qualities. At the same time, he shows that the world, society get used to perceive people in such a way, i. e. through the antagonism between good and bad. In this respect, the use of black and white color in the film is very symbolic. Traditionally, good and bad is associated with white and black color respectively. Jim Jarmusch has shot the film in black and white intentionally in order to convey his message to the audience. In fact, it is possible to view his film as a kind of mirror where the traditional perception of the modern world is reflected. To put it more precisely, people get used to perceive each other either positively or negatively, people are either good or bad. Hence, the choice of colors in the film is very original and unusual for the late 1980s, when there were quite a few films shot in black and white. The director attempted to convince the audience that people get used to perceive this world only in two colors (Hertzberg, 175). Therefore, the use of black and white was quite logical since the film just shows people the world in the colors people get used to perceive the world in. In such a way, the director also warns people about the danger of the loss of other colors since, on perceiving the life through the antagonism of black and white, bad and good, wrong and right, people forget about intermediary states and other colors and concepts. In such a context, when black and white dominates in the film, it is the complexity of interpersonal relationships of the main characters that makes the film really colorful and bright. And again it is possible to speak about a profound attention of the author to interpersonal relations between people which are extremely important to each individual. Moreover, it is relationships with other people that make human life purposeful and brings in certain sense. However, the director creates quite an unusual relationship between the main characters. For instance, Zack and Jack do not speak to each other after the conflict which occurs at the beginning of the film. Nevertheless, it does not prevent them from the establishment of good relationships and it is even possible to speak about a strange but strong friendship between these two not very talkative men (Hertzberg, 153). Their friendship grows stronger as they come through all the hardships after the escape from the prison. In such a way, the author shows that human relations are very complicated and it is very difficult to understand what actually makes people help each other and become friends. At first glance, Zack and Jack have no chances to become friends, at least at the beginning of the film, but by the end of the film they cannot be viewed otherwise but friends, even though they do not talk to each other. Consequently, there should something else in humans that makes them feel confident in each other and become friends. In this respect, it is possible to speak about strong post-modernist trends that can be easily traced in the film, especially through the relationship between Zack and Jack. What is meant here is the fact that Jim Jarmusch actually challenges the existing social norms and purely materialistic view on human life. Obviously, he rejects the supremacy of the law as a synonym of justice. Moreover, he even rejects traditional views on human relations and denies the rigid materialism of the conservative or traditional artists. His characters’ friendship cannot be rationally explained by a scientific theory or logic. Traditionally, normal or positive interpersonal relationships are established through verbal communication, but Zack and Jack have none. Instead, it is rather a kind of spiritual unity or spiritual communication between the main characters. In fact, their friendship is, to a certain extent, almost mystical. At any rate, it is irrational and does not meet any scientific approach that is very typical for post-modernist art at large and films in particular. In this respect, it should be said that, being a post-modernist director, Jim Jarmusch is very skeptical about science as well as about existing stereotypes, social norms, and the law (Suarez, 186). Instead, he argues that people are spiritually rich and it is impossible to explain logically and rationally all their actions and behavior. They can make errors and they can suffer from errors of other people or the existing social or justice system, but still they remain people. Basically, it seems as if the director cannot fully understand human beings, this is why he shows that some of their actions are defined by their internal inclinations or spiritual world. At the same time, the entire film may be viewed as a post-modernist protest against the existing social norms, stereotypes and biases, which limit humans by boundaries of social and legal conventions, norms and regulations. In such a context, the successful escape of the main characters from the prison is very symbolic because, in such a way, they escaped from the social biases and stereotypes, they freed themselves not only literally as they got freedom to move wherever they wanted, but they also got moral and spiritual freedom. They escape from the prison of social stereotypes and unjust laws. Moreover, after the escape, Bob even found his love and became happy that implies that only freeing themselves people can become really happy. Thus, taking into account all above mentioned, it is possible to conclude that Jim Jarmusch is a successful post-modernist director, who attempted to convey his original ideas and his unique vision of the world and men through his works, among which it is possible to single out â€Å"Down by Law†. In this work, the author perfectly illustrated the imperfectness of the contemporary world and humans. He lays emphasis on the erroneous nature of the existing laws, stereotypes and traditional views of people which heavily rely on materialism, rationalism and logic. Instead, he appeals to human nature, to human spirituality and he underlines that people should strive for their own freedom from their own biases and stereotypes. People, according to Jim Jarmusch should be really free as are his characters.

Life of Olaudah Equiano free essay sample

Aloud Equation was born in 1 745, in now what is known as Nigeria, but back then was known as the region inhabited by the Gobo people. He was one of 7 children, the youngest of 6 boys, and he also had one younger sister. Source 1, Quinoas autobiography, The Interesting Narrative of the Life of Aloud Equation or Gustavo Vass the African, which tells the story of how he was kidnapped at a young age, possibly 1 1, from the Gobo village of Essay in the region of Benign, where he had grown up.From here he endured the Middle Passage to the New World, where he was forced to into slave labor. This Ewing said, some writers, however, claim that Equation was born in colonial South Carolina and not in Africa. Source 2, is a map that shows the route of Quinoas many travels throughout his long career that was said to be 8 years, at sea. We will write a custom essay sample on Life of Olaudah Equiano or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It clearly demonstrates that he was unusually well-traveled for his time. He stated in his autobiography that he was passed from owner to owner in Africa, and was eventually sold to a slaver bound for Barbados.Here he was reconditioned, after experiencing the traumatic experience of the Middle Passage. He was then purchased to work as a slave on a plantation in Virginia, where conditions tended to be much more humane than in the sugar colonies. This was said to be the first of several fortunate turns of fate. Equation was first renamed Gustavo Vass by his English master Mr. Campbell, however within a year; he had been sold again and was now in the hands of a British Naval officer, Michael Henry Pascal. Source 2, a map of Quinoas travels, As Equation traveled with Pascal to England, he found himself in a situation that would give him the ability to become educated in the seafaring life and gain other valuable life skills. In his autobiography, he called that as well as learning the basics of seamanship from Pascal, l had long wished to read and write and for this purpose took every opportunity to gain instruction. Both of these endeavourers, proved to serve him very well. Hence sources 1 and 2 show, Equation served Pascal and, though still s slave, attainted the rating of able seaman.He voyaged to many places such as Italy, Greece, and points east. He was also present at major naval battles during the seven years (French and Indian) war. When the war concluded in 1762, he was sold again, this time to a slave trader bound for the West Indies. This is where Equation carried out his new masters business (which including selling slaves), while managing to buy and sell trade goods for his own account. While Equation himself was treated fairly well, he could not help but take in the terrible mistreatment of the slaves in this region. It was very common in several of the islands For slaves to be branded with the initial letters of their masters name, and a load of heavy iron hooks hung about their necks. Indeed on the most trifling occasions they were loaded with chains, and often instruments of torture were added, he wrote. L have seen a negro beaten till some Of his bones were broken for even letting a pot boil over. Equation earned 40 pounds from his private business ventures and, in 1766 was then was able to purchase his freedom.He returned to London and learned a new trade that of a hairdresser. Not long after, he decided that going to sea would be a more lucrative, if more dangerous, profession. During the next part of his life, Equation would add to his considerable seafaring resume. In 1733 he signed on with British expedition of Captain Constantine Phipps to earache for a northeast passage through the Arctic Ocean, recalling years later that l was roused by the sound of fame to seek new adventure, and to find towards the North Pole, what our Creator never intended we should, a passage to India. In the Arctic, Equation reported that we saw many very high and curious mountains of ice; and also a great number of very large whales, which used to come close to our ship and blow the water up to a v ery great height in the air. Quinoas final trading voyage, to Jamaica was in 1777, following this he returned to London to stay. By this time anti slavery managing were strengthening and he chose to devote his considerable energies to that cause.Equation became a major voice for abolishing both the transatlantic trade and chattel slavery wherever it existed. Not long after he wrote Surely this traffic cannot be good, which spreads like a pestilence, and ATA nuts what it touches! Which violates that first natural right of mankind, equality and independence, and gives one man dominion over his fellow which God could never intend! Quinoas autobiography received 9 printing editions, before his death that occurred in 1797.

Free Essays on Being Afraid

Have you ever been afraid? Does a thunder and lightning storm make your heart beat fast? Maybe your mouth goes dry when your teacher announces a pop quiz, or your palms sweat when it's your turn to give your book report in front of the class. Perhaps you get butterflies in your tummy when you see that cute someone. I am afraid of being alone in a large, dark house with multiple levels because you will never know who is around the corner. You will never know who is hiding in a closet and you will never know who is on the opposite side of the house. And you may never know. My whole life I have been surrounded with numerous family members constantly in and out of the house. There was always so much going on that I never really had the time to be afraid of my own house. After much thought, when I was 11 years old, my parents decided that we needed a bigger house. They put forth the effort to build a gigantic house that is now too big for the amount of people that live there. Never did I experience the fear that I have of being afraid in a large house until I was much older. This is interesting isn’t it? Most people would assume that the prime time for being afraid is when you are of a younger age. But then again we all are afraid from time to time. That’s true no matter how big we are or brave we can be. I suddenly became some sort of an only child at the age of 13. My siblings moved out and off to college which left me home alone to experience my biggest fear. It wasn’t until my freshman year when I realized that I was afraid of my very own house. Have you ever wondered why being scared causes your heart to beat faster and breaths to become quicker? It all began one fall evening when I caught a ride home from volleyball with a friend because my mother was in the library for mutual that evening. It was starting to get darker earlier and a little bit colder outside. As I entered my home my hands were full of bags. I could... Free Essays on Being Afraid Free Essays on Being Afraid Have you ever been afraid? Does a thunder and lightning storm make your heart beat fast? Maybe your mouth goes dry when your teacher announces a pop quiz, or your palms sweat when it's your turn to give your book report in front of the class. Perhaps you get butterflies in your tummy when you see that cute someone. I am afraid of being alone in a large, dark house with multiple levels because you will never know who is around the corner. You will never know who is hiding in a closet and you will never know who is on the opposite side of the house. And you may never know. My whole life I have been surrounded with numerous family members constantly in and out of the house. There was always so much going on that I never really had the time to be afraid of my own house. After much thought, when I was 11 years old, my parents decided that we needed a bigger house. They put forth the effort to build a gigantic house that is now too big for the amount of people that live there. Never did I experience the fear that I have of being afraid in a large house until I was much older. This is interesting isn’t it? Most people would assume that the prime time for being afraid is when you are of a younger age. But then again we all are afraid from time to time. That’s true no matter how big we are or brave we can be. I suddenly became some sort of an only child at the age of 13. My siblings moved out and off to college which left me home alone to experience my biggest fear. It wasn’t until my freshman year when I realized that I was afraid of my very own house. Have you ever wondered why being scared causes your heart to beat faster and breaths to become quicker? It all began one fall evening when I caught a ride home from volleyball with a friend because my mother was in the library for mutual that evening. It was starting to get darker earlier and a little bit colder outside. As I entered my home my hands were full of bags. I could...

Download Sites Violate Copyright Rules

Download Sites Violate Copyright Rules Many years ago technology wasn’t as popular as it is today. At most there may have been one computer in the home that the family had to share, the Internet wasn’t wireless†¦ you had to utilize your phone line in order to get on the Internet. Cell phones weren’t popular, at best there were two phone lines in your home and there were cordless phones that could be used. There may have been cable television, but not every room had a television in it. And there definitely weren’t any sites that you could get to in order to download things such as movies and music. How do Download Sites Violate Copyright Rules? Download sites have become very popular for many people to utilize these days. It’s a lot easier to get to these download sites with wireless Internet, everyone having a tablet, smart phone, smart television and so much other technology of their own. But what many people, that do utilize these download sites don’t take into consideration, is that these very download sites they are using violate copyright rules. Download sites violate copyright rules because these sites allow people to copy and get the media from the Internet that has been copyrighted without paying for it and without gaining permission from the person that did copyright the media. When You Download Content Without Paying for It, Youre Committing a Crime Anytime there is a form of media that has been marketed or produced, those that are involved in the process of doing so, get paid from the sale of the media content that has been produced. While they are producing that media they become the owners of it and at the end of the production copyright the media. The process of copyrighting says that the media cannot be reproduced, copied or resold without the permission of those that produced this very media. No matter what format the media is in†¦ whether it is music, a movie or games; if it is copyrighted you must pay to download it. If you are getting any form of media from a site that allows downloads without paying for it, you are committing a crime. It is also a crime if you share the music, movie or game without permission from the person or people that copyrighted the media. It’s not okay to just get the media format without getting permission from the copywriter. The exact crime that is being committed is copyright in fringement. In short, you are interfering with the exclusive rights that only belong to the person that is the copyright owner. If you choose to reproduce, display, distribute or even try to perform the work that has been copyrighted and protected by the owner you are performing copyright infringement. You should also enjoy these articles: Fraternity Violence in Higher Education The Bright Sides of Academic Intellectuals We Call Nerds Violent Video Games Are Dangerous for Psychological Health Violence in Children and the Media Violence Against Female University Students As much as some don’t like to admit, there are people that are watching out for people that are committing copyright infringement by downloading media from these download sites. There are certain groups that are monitoring these sites like these ones: the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA).These are groups that are put in place just to monitor the illegal download. Although these groups tend to focus a lot of their attention on universities and colleges, they also look at repeat users and track where they are. Once they see who is downloading the media that has been copyrighted, they get in touch with the university or college (if it is someone that is a student). They let them know that illegal downloading is taking place, the school then tracks the student down and the authorities can begin legal action and in a lot of cases, they will seek ramifications from the person that has downloaded from the sites ille gally. Those that aren’t students get reported to local authorities and the same actions are taken place with them as with the students. What Are the Consequences? As a result, you should pay for the illegally downloaded media. Although it may not seem like it, if you are found guilty of copyright infringement there are a lot of things that you could be facing. You could have to do up to five years in jail. There may also be fines charged to you†¦ in a lot of cases those fines could be up to $150,000 for each file that you have downloaded. And if the copyright holder decides to file a legal suit against you, you could have more legal fees that you would have to pay. These sites aren’t safe for anyone involved. You don’t want to continue to download media from these sites. If you are found, you don’t want to have to endure the consequences that may follow. Although it seems like it’s easy and that you’ll get away with it, you don’t want to take the chances that you will get caught performing this illegal act.

Distribution strategies within the marketing mix Essay - 1

Distribution strategies within the marketing mix - Essay Example However, wholesalers are incapable of marketing the products and also eat a big chunk of the profit. In such a scenario, telemarketing plays an important role for a company. The article is highly relevant from point of view of Distribution Strategies because with changing nature of businesses, the proliferation of technology and shorter product cycles, the distribution strategies must also evolve. A large number of customers are getting used to Internet and e-commerce. Telemarketing has been existent for a long time as an effective sales channel. However with growing customer base and complexity, larger organizations need to take help of specialized brokers and agents to take advantage of economies of scale. It saves considerable long-term costs for the company as well. Also the use of wholesalers for distribution must be though over rigorously. While they are a vital link in the distribution chain, they also act as a cost centre for a company. Economically, it may not make sense for small organizations to use external agents or brokers for this purpose. However, in order to venture into foreign markets, they may be required in small

Criticisms of Womens Roles in 1930s Film Research Paper - 5

Criticisms of Womens Roles in 1930s Film - Research Paper Example In addition, irrespective of specific female stars’ legendary statues, gender roles have been firmly reinforced by role these women have played (Dawson, 1995, p. 71). This research paper provides a detailed analysis of how Hollywood portrayed women in film focusing particularly ob the 1930s using Gold diggers of 1933 as a framework. To fully cover the topic, four themes will be discusses: the representation of women in early 1930s film, the portrayal of women, the real-life role of women, and the criticism women’s role in these films (Kolbjornsen, 1998, p. 1). The 1930s remains a renowned era of depression. As such therefore, it provides an interesting backdrop to research thoroughly how women are portrayed as a result of the changed morals and cynicism globally. In one of his publications, Kaplan (1994:3) states that Hollywood cinematography in many instances objectified women for men’s pleasure. Another author, Mulvey (1989, p. 56), depicts that that the role women play is worth looking but not worth listening. This proves the controversy that has existed among scholars in respect to women role in Hollywood films. During this era therefore, men viewed women in diverse dimensions, referred to as Madonna (housewives)/whore complex. To many, therefore, women were objects of sexual fulfillments, and hence sexually active whores, or simply pristine and powerless Madonnas. Arguably, it is for this reason that Gates (2011, 23) states that the manner in which women images are presented in Hollywood film solely aims at gratifying male vie wers. As evident in Gold diggers of 1933, argument that women are sex objects in films is a full display. Ginger Rogers, Joan Blondell and Ruby Keeler play the major roles of women. In their role, they appear as stereotypical bombshells, slender and beautiful, and in many of their appearances dressed in skimpy costumes.

Nick Djokovic Essay Example for Free

Nick Djokovic Essay In today’s world, there are many sport figures one can look up to. We have chosen the best of the best in the tennis world, Novak Djokovic. Djokovic is a Serbian professional tennis player who is currently ranked world number 1 by the Association of Tennis Professionals. Despite being the underdog during his early years as a professional tennis player, he is now the best professional tennis player overtaking the previous king of tennis Rafael Nadal. Ever since the age of four, he has been interested in tennis. Unlike most children his age, it was not a fleeting interest. He was determined to achieve his dream of becoming the best tennis player in the world. With his steadfast dream, he has won six Grand Slam titles and has brought him to where he is now. This report will cover Djokovic’s personality, values and attitude, motivation and leadership skills that had helped him to achieve his dream. The points highlighted are also the main reason he is worth following as an influential leader. 2.0 Personality The big five model of personality consists of extraversion, neuroticism, agreeableness, conscientiousness and openness to experience. Djokovic can be seen as a person that is highly extrovert as he is fun-loving, expressive and sociable. During his comeback as the winner in the Australian Open, he was so overjoyed that he threw his racket, wristbands and his shirt to his fans (AOL News, 2011). Djokovic is also socially attached to his fans that he created an application known as ‘Nole4You’ that focuses on a direct coverage of Djokovic’s real time games (New Newsworthy, 2012a). On the other hand, Djokovic is low on the neurotism category as he is much balanced and emotionally stable. According to Suttles (2013), Djokovic was â€Å"gracious in defeat† as every defeat he channels it back into better concentration for the next match. Next, Djokovic is rather high on the agreeableness meter as he shows a great deal of care towards others through his charities. Djokovic created the Novak Djokovic Foundation which supports young children from disadvantaged communities especially in native Serbia (New Newsworthy, 2012b). Besides that, he was also elected as the ambassador of The United Nations Children’s Fund (UNICEF) in Serbia as he was utterly concern in the welfare of the people in his hometown as well as the importance in early childhood education in Native Serbia (Look To The Stars, 2011). He was also keen in participating in fights for the betterment of society such as the fight against acquired immunodeficiency syndrome (AIDS) which required him to use the Head Red special edition bag collection from Head to the French Open Grand Slam (Look To The Stars, 2013a). Djokovic is also high in conscientiousness as he is responsible for his career and he is well organized after his achievement in the Australian Open. Although being reckless in his previous season, he is where he is now due to his hard work in perfecting his service techniques and getting his diet right (Carter, 2011). According to Djokovic in an interview, he wants to be consistent in his games and to do this, he has to stay fit and take care of his health and physical condition (The National, 2011). Lastly, Djokovic is very open to new experience. One afternoon in year 2010, Djokovic received a phone call from Dr. Igor Cetojevic who said that his fatigue in the 2010 Aussie Open was due to his diet that consists of glutens that caused an accumulation of toxins in his large intestines. Djokovic listened to his advice to practice a gluten-free diet as well as to build him up spiritually. Besides that, Djokovic also took risk to change his serve technique as advised by Marian Vajda. As a result of Djokovic’s openness, he no longer suffers from fatigues and he felt much happier and balanced. In addition, a change in his serve technique enabled him to defeat the former world number one five times consecutively and brought him to the top of the tennis world (Saslow, 2012). 3.0 Values and Attitude As a well-known figure in the world of tennis, Djokovic has certain values that enable him to enjoy the success that he has today. According to George and Jones (2012, p.93), values are defined as personal convictions about what one should strive for in life and how one should behave. Values are further divided into two categories; work values and ethical values. In terms of work values, there are intrinsic and extrinsic work values. In definition, intrinsic work values are values that are related to the nature of the work itself. Some examples of intrinsic work values that are prominent in Djokovic’s work are the ability to make important contributions to the public, the interesting work and the challenging work that can be done. Firstly, in terms of the ability to make important contributions to the public, Djokovic is well known for his philanthropic work. Due to this status as the highest ranked tennis player, he is very well-connected and is able to influence his fans over his beliefs. From this, he has helped to raise awareness for AIDS, human trafficking, poverty, human rights, women’s rights, children’s rights and many more (Look To The Stars, 2013b). Aside from that, his ability to make important contributions to the public and society is further supported by his status as the ambassador of UNICEF in Serbia. Aside from him advertising his beliefs on social media such as Facebook, Twitter and his video blog, UNICEF has also advertised their cause through Djokovic because of his popularity among the younger generation (UNICEF, 2011). Although generating a high pay from his career, he did not choose this career lifestyle because of it. He started playing tennis at the age of four and played professionally when he was 16 years old. This is due to his passion and interest in tennis. He has trained and played in every single tennis tournament to gain the experience he needed. Even though he has been injured quite a number of times in terms of ankle and knee injuries, that has never stopped him from pursuing his dream of being the best tennis player (Mitchell, 2013). However challenging his work may be, Djokovic never gave up. He continuously pursues his dream of being the best. After relentless practice and competitions, he finally replaced Roger Federer as the top ranked tennis player in the world. This attitude of his is admirable and serves as a constant reminder to his fans that nothing is impossible. On the other hand, extrinsic values are values that are related to the consequences of work. One of the more prominent extrinsic values is the high salary. Not only does he get paid for playing tennis, he gets paid through his endorsements deals with well-known companies such as UNIQLO, Fitline and Telekom Srbjia (Badenhausen, 2011). His salary also includes appearance fees, exhibitions and prize money. Besides that, his career as a tennis player provides him with many job benefits. One of the many is fame. Unlike most athletes, Djokovic enjoys being in the limelight and often shares news and funny anecdotes of his life with his fans. Next, his job provides very flexible working hours. He practices his tennis with his coaches at any time he wants. Due to his flexible working hours, he gets to spend more time with his family and to indulge in vacations as well as hobbies. According to George and Jones (2012, p.97), work attitude is defined as the collection of feelings, beliefs and thoughts about how to behave in one’s job and organisation. Although similar to values, work attitudes are more specific and are not as constant as values as work attitudes change over time. In 2008, although he was winning tournaments, Djokovic hired a new fitness coach in hopes that it will help boost his performance. After the change, he was able to defeat the two reigning champions in the tennis world, namely, Roger Federer and Rafael Nadal. His attitude changed once a new factor was introduced into his life (ESPN, 2010). 4.0 Motivational Theories Everyone in the world possesses a particular set of skills that they are good at in their lives. People who managed to realize their potential often harness that skill and sharpen it to become a much better person. During those times, motivation towards that ability drives them to keep pushing forward in harnessing those skills. Many professional sportsmen and sportswomen started training during childhood. Motivation is what has kept them and pushed them into training harder every day until they finally achieve their goal. According to George and Jones (2012, p. 183), there are three elements of work motivation; direction of behavior, level of effort and level of persistence. Novak Djokovic, world’s best tennis player, possessed all these three elements. For example, although his family had economic problems in Serbia, he still chose to fly to Germany to train despite only being 12 years old. Even as a child, he loved tennis with a passion. He once skipped afternoon classes in school just so he could attend tennis training with his coach (PRPepper Production, 2012). His passion, effort and persistence during training are boundless. His motivation was driven because he loved tennis rather than his parents forcing the sport on him. 4.1 Maslow’s Hierarchy of Needs Djokovic’s efforts and achievements relate a lot to Maslow’s Hierarchy of Needs. Maslow’s Hierarchy of Needs consists of five different types of needs from the lowest to the highest; physiological, safety, belongingness, esteems and self-actualization needs (George and Jones, 2012, p. 187). The two needs most emphasized by Djokovic are the esteem needs and self-actualization needs. Right from the beginning, Djokovic was always focused and determined to be the best in the tennis world, which directly means beating the best players in the world such as Roger Federer, Andy Murray, Tommy Haas and Rafael Nadal. Esteem needs emphasizes on an individual being recognized and respected by others (George and Jones, 2012, p.187). Djokovic strived hard during his early years under the guidance of Nikola Pilic. At the age of 16, he was awarded the champion of â€Å"La Boule†. This event leads to the start of his professional career (PRPepper Prodcutions, 2012). However, he did not stop that as he was motivated aim higher. This further explains Maslow’s self-actualization need theory, which is defined as â€Å"needs to realize one’s full potential as a human being†. Djokovic trained hard every day motivated by one goal; to be the best tennis player in the world. Due to him having a high self-actualisation, Djokovic obtained the title of being the best tennis player in the ATP rankings in 2012 after obtaining a 43% winning rate in 2011. Today, Djokovic is further motivated by his lost to Rafeal Nadal in the 2013 French Open. Instead of giving up, Djokovic evaluates his loss as a sense of motivation to train harder in order to win the next tournament, Wimbledon (Gajaria, 2013).

The Siberian Work Camp and One Day In The Life Of Ivan Denisovich Essay

The Siberian Work Camp and One Day In The Life Of Ivan Denisovich      Ã‚  Ã‚   In Gulag Archipelago, Aleksandr Solzhenitsyn describes in three volumes the Russian prison system known as the gulag.   That work, like Kafka's The Trial, presents a culture and society where there is no justice - in or out of court.   Instead, there is a nameless, faceless, mysterious bureaucracy that imposes its will upon the people, coercing them to submit to the will of the state or face prison or death.   In One Day In The Life Of Ivan Denisovich, we are presented with exactly what the titles tells us, one day in the life of Ivan Denisovich.   However, Ivan Denisovich spends his days in the gulag in Siberia, freezing and starving with the other prisoners while he serves the remainder of a ten year sentence.   Ivan is not a hero or extraordinary.   Instead, he is an ordinary example of the type of individual who spent their days in the gulag.   What emerges from these ordinary individuals is the strength and will to survive and at the end of the day, a day that millions of others spent just like Ivan, still find the courage to conclude "Almost a happy day" (Solzhenitsyn 159).   This analysis will focus on the historical significance of the event covered in this work, i.e., the daily life of an ordinary prisoner in a Siberian work camp in communist Russia.   A conclusion will discuss how a novel provides the reader with a different viewpoint of history than that provided by the pundit or historian.    BODY There could be few books written on any level (historical, psychological, social, etc.) that reveal as much significance about the historical period when the Russian gulag was in operation under a communist regime than the fiction of Aleksandr Sol... ...ng and surviving extraordinary conditions much like the victims convicted unfairly to prison work camps across communist Russia in the twentieth century.   Thus, the title of Solzhenitsyn's novella is apropos to the historical event described because while we are only witness to Ivan's day and Ivan is an ordinary inhabitant of the gulag, millions of other human beings endured and survived similar days, day in and day out.   Thus when Ivan concludes at the end of the novella "Almost a happy day", we see the considerable abilities and capacities of ordinary human beings to retain hope and survive against extraordinary circumstances (Solzhenitsyn 159).    WORKS   CITED Solzhenitsyn, A.   One Day In The Life Of Ivan Denisovich.   (Only authorized edition).   Introduction by Marvin L. Kalb.   Foreward by Alexander Tvardovsky.   New York:   E. P. Dutton & Co., Inc., 1963.

Deception Point Page 66

The old man turned off the television. â€Å"NASA claimed Dr. Harper was not feeling well that night.† He paused. â€Å"I happen to think Harper was lying.† Lying? Sexton stared, his fuzzy thoughts unable to piece together any logical rationale for why Harper would have lied about the software. Still, Sexton had told enough lies in his life to recognize a poor liar when he saw one. He had to admit, Dr. Harper sure looked suspicious. â€Å"Perhaps you don't realize?† the old man said. â€Å"This little announcement you just heard Chris Harper give is the single most important press conference in NASA history.† He paused. â€Å"That convenient software fix he just described is what allowed PODS to find the meteorite.† Sexton puzzled. And you think he was lying about it? â€Å"But, if Harper was lying, and the PODS software isn't really working, then how the hell did NASA find the meteorite?† The old man smiled. â€Å"Exactly.† 77 The U.S. military's fleet of â€Å"repo† aircraft repossessed during drug-trade arrests consisted of over a dozen private jets, including three reconditioned G4s used for transporting military VIPs. A half hour ago, one of those G4s had lifted off the Thule runway, fought its way above the storm, and was now pounding southward into the Canadian night en route to Washington. Onboard, Rachel Sexton, Michael Tolland, and Corky Marlinson had the eight-seat cabin to themselves, looking like some kind of disheveled sports team in their matching blue U.S.S. Charlotte jumpsuits and caps. Despite the roar of the Grumman engines, Corky Marlinson was asleep in the rear. Tolland sat near the front, looking exhausted as he gazed out the window at the sea. Rachel was beside him, knowing she could not sleep even if she'd been sedated. Her mind churned through the mystery of the meteorite, and, most recently, the dead room conversation with Pickering. Before signing off, Pickering had given Rachel two additional pieces of disturbing information. First, Marjorie Tench claimed to possess a video recording of Rachel's private deposition to the White House staff. Tench was now threatening to use the video as evidence if Rachel tried to go back on her confirmation of the meteorite data. The news was particularly unsettling because Rachel had specifically told Zach Herney that her remarks to the staff were for in-house use only. Apparently Zach Herney had ignored that request. The second bit of troubling news dealt with a CNN debate her father had attended earlier in the afternoon. Apparently, Marjorie Tench had made a rare appearance and deftly baited Rachel's father into crystallizing his position against NASA. More specifically, Tench had cajoled him into crudely proclaiming his skepticism that extraterrestrial life would ever be found. Eat his hat? That's what Pickering said her father had offered to do if NASA ever found extraterrestrial life. Rachel wondered how Tench had managed to coax out that propitious little sound bite. Clearly, the White House had been setting the stage carefully-ruthlessly lining up all the dominoes, preparing for the big Sexton collapse. The President and Marjorie Tench, like some sort of political tag team wrestling duo, had maneuvered for the kill. While the President remained dignified outside the ring, Tench had moved in, circling, cunningly lining up the senator for the presidential body slam. The President had told Rachel he'd asked NASA to delay announcing the discovery in order to provide time to confirm the accuracy of the data. Rachel now realized there were other advantages to waiting. The extra time had given the White House time to dole out the rope with which the senator would hang himself. Rachel felt no sympathy for her father, and yet she now realized that beneath the warm and fuzzy exterior of President Zach Herney, a shrewd shark lurked. You did not become the most powerful man in the world without a killer instinct. The question now was whether this shark was an innocent bystander-or a player. Rachel stood, stretching her legs. As she paced the aisle of the plane, she felt frustrated that the pieces to this puzzle seemed so contradictory. Pickering, with his trademark chaste logic, had concluded the meteorite must be fake. Corky and Tolland, with scientific assurance, insisted the meteorite was authentic. Rachel only knew what she had seen-a charred, fossilized rock being pulled from the ice. Now, as she passed beside Corky, she gazed down at the astrophysicist, battered from his ordeal on the ice. The swelling on his cheek was going down now, and the stitches looked good. He was asleep, snoring, his pudgy hands clutching the disk-shaped meteorite sample like some kind of security blanket. Rachel reached down and gently slipped the meteorite sample away from him. She held it up, studying the fossils again. Remove all assumptions, she told herself, forcing herself to reorganize her thoughts. Reestablish the chain of substantiation. It was an old NRO trick. Rebuilding a proof from scratch was a process known as a â€Å"null start†-something all data analysts practiced when the pieces didn't quite fit. Reassemble the proof. She began pacing again. Does this stone represent proof of extraterrestrial life? Proof, she knew, was a conclusion built on a pyramid of facts, a broad base of accepted information on which more specific assertions were made. Remove all the base assumptions. Start again. What do we have? A rock. She pondered that for a moment. A rock. A rock with fossilized creatures. Walking back toward the front of the plane, she took her seat beside Michael Tolland. â€Å"Mike, let's play a game.† Tolland turned from the window, looking distant, apparently deep in his own thoughts. â€Å"A game?† She handed him the meteorite sample. â€Å"Let's pretend you're seeing this fossilized rock for the first time. I've told you nothing about where it came from or how it was found. What would you tell me it is?† Tolland heaved a disconsolate sigh. â€Å"Funny you should ask. I just had the strangest thought†¦ â€Å" Hundreds of miles behind Rachel and Tolland, a strange-looking aircraft stayed low as it tore south above a deserted ocean. Onboard, the Delta Force was silent. They had been pulled out of locations in a hurry, but never like this. Their controller was furious. Earlier, Delta-One had informed the controller that unexpected events on the ice shelf had left his team with no option but to exercise force-force that had included killing four civilians, including Rachel Sexton and Michael Tolland. The controller reacted with shock. Killing, although an authorized last resort, obviously never had been part of the controller's plan. Later, the controller's displeasure over the killings turned to outright rage when he learned the assassinations had not gone as planned. â€Å"Your team failed!† the controller seethed, the androgynous tone hardly masking the person's rage. â€Å"Three of your four targets are still alive!† Impossible! Delta-One had thought. â€Å"But we witnessed-â€Å" â€Å"They made contact with a submarine and are now en route to Washington.† â€Å"What!† The controller's tone turned lethal. â€Å"Listen carefully. I am about to give you new orders. And this time you will not fail.† 78 Senator Sexton was actually feeling a flicker of hope as he walked his unexpected visitor back out to the elevator. The head of the SFF, as it turned out, had not come to chastise Sexton, but rather to give him a pep talk and tell him the battle was not yet over. A possible chink in NASA's armor. The videotape of the bizarre NASA press conference had convinced Sexton that the old man was right-PODS mission director Chris Harper was lying. But why? And if NASA never fixed the PODS software, how did NASA find the meteorite?

Romanticism vs Rationalism

Romanticism vs Rationalism Romantics value Individuality while, Rationalist value conformity. In the Poem â€Å"Ode: Intimation of Immortality from Recollections of Early Childhood† by William Wordsworth, stanza VII deals with conformity. The young man will have to â€Å"fit his tongue to dialogues f business, love, strife† (Wordsworth 13-14) just so that he fits in. He is trying to conform to the ‘imaginary’ rules of society. Another way he conforms is when he is a â€Å"little Actor [that] cons another part† (Wordsworth 18). It’s like instead of him being himself he takes on different parts.He wants to fit into the crowd instead of being an individual. On the other hand in the poem â€Å"Saturday at the Canal† by Gary Soto, there is a 17 year old guy that hates where he is. He wants to go to San Francisco to â€Å"be with people who knew more than three chords on a guitar† (Soto 13-14); people that were following their own indi viduality. He also did something different then all the people he knew, he â€Å"didn’t drink or smoke† (Soto 14). Most teenagers drink to fit in with the ‘cool’ people but, he goes against the grain. Rationalism is being safe and fitting into society while, Romanticism is being yourself-different.Another aspect of Romanticism is innocence, and experience being Rationalism. In â€Å"Ode: Intimation of Immortality from Recollections of Early Childhood† stanza V it talks about the innocence of a young child. â€Å"Heaven lies about us in our infancy† (Wordsworth 9) when we our born. Everyone says that heaven is the purest thing out there; they also say babies are. Being so pure makes them innocent because they don’t know the difference between right or wrong. But innocence doesn’t last forever the boy â€Å"beholds the light† (Wordsworth 12) of innocence.The boy starts to experience more and loses his innocence. In â€Å"S aturday at the Canal† the 17 year old boy thought that â€Å"school was [just] a sharp check in the roll book† (Soto 2) because he thought he had experienced enough of that environment. Another way that he thought he was experienced was the he â€Å"knew more than three cords on a guitar† (Soto 13-14). Being able to do that made him capable of being better than the people around him. More experienced. These examples of Romanticism and Rationalism show the aspects of innocence and experience.

Simmilarities and differences of Tsarist and Communist rule essays

Simmilarities and differences of Tsarist and Communist rule essays Essentially, many of the main aspects of Communist and Tsarist rule were the same, mimicking each other in their use of repression through state security to keep the people under control, and the total supremacy and completely unrestricted power of one figure over the masses. Therefore, in both regimes, the skill of the leader determined the success of the regime. However, there were obviously key differences too. For example, the belief that workers should eventually own all the factories and land, taking all power from the elites in the process, and the role of Russia on an international stage. The Soviet regime was based on Marxist theory. It sought to overthrow capitalism through a workers revolution and establish a system whereby the community owned all property. In this way, the Soviets hoped to create a classless society of equal economic status. An extract from a Bolshevik newspaper on 1 November 1918 states that we are not fighting against individuals, but plan to get rid of the bourgeoisie as a class. Marxism believed that workers in Russia had more in common with the same class of people in another country, rather than the Russian aristocracy or elite. Tsarist rule, in contrast, promoted capitalism. The aims of the Tsarist regime depended largely on the views of the Tsar in power. The Westernisers believed in more political freedom and the prevention of revolution through reform. The Slavophiles wanted to preserve the traditional social structure and rule with fear to repress the proletariat and lower classes. A letter from Nicholas II to his mother states that in response to the 1905 revolution, the other way out would be to give the people their civil rights. Both regimes relied on the strength and skill of one man to take the country forward. Both the Tsarist and communist regimes were very dictatorial. The Tsars privileged position was secured by the Tsa ...

Types of Inorganic Chemical Reactions

Types of Inorganic Chemical Reactions Elements and compounds react with each other in numerous ways. Memorizing every type of reaction would be challenging and also unnecessary since nearly every inorganic chemical reaction falls into one or more of four broad categories. Combination Reactions Two or more reactants form one product in a combination reaction. An example of a combination reaction is the formation of sulfur dioxide when sulfur is burned in air: S (s) O2 (g) → SO2 (g) Decomposition Reactions In a decomposition reaction, a compound breaks down into two or more substances. Decomposition usually results from electrolysis or heating. An example of a decomposition reaction is the breakdown of mercury (II) oxide into its component elements. 2HgO (s) heat → 2Hg (l) O2 (g) Single Displacement Reactions A single displacement reaction is characterized by an atom or ion of a single compound replacing an atom of another element. An example of a single displacement reaction is the displacement of copper ions in a copper sulfate solution by zinc metal, forming zinc sulfate: Zn (s) CuSO4 (aq) → Cu (s) ZnSO4 (aq)Single displacement reactions are often subdivided into more specific categories (e.g., redox reactions). Double Displacement Reactions Double displacement reactions also may be called metathesis reactions. In this type of reaction, elements from two compounds displace each other to form new compounds. Double displacement reactions may occur when one product is removed from the solution as a gas or precipitate or when two species combine to form a weak electrolyte that remains undissociated in solution. An example of a double displacement reaction occurs when solutions of calcium chloride and silver nitrate are reacted to form insoluble silver chloride in a solution of calcium nitrate. CaCl2 (aq) 2 AgNO3 (aq) → Ca(NO3)2 (aq) 2 AgCl (s)A neutralization reaction is a specific type of double displacement reaction that occurs when an acid reacts with a base, producing a solution of salt and water. An example of a neutralization reaction is the reaction of hydrochloric acid and sodium hydroxide to form sodium chloride and water:HCl (aq) NaOH (aq) → NaCl (aq) H2O (l) Remember that reactions can belong to more than one category. Also, it would be possible to present more specific categories, such as combustion reactions or precipitation reactions. Learning the main categories will help you balance equations and predict the types of compounds formed from a chemical reaction.

Discuss genocide as it was experienced in the Balkans (Sarajevo, Essay

Discuss genocide as it was experienced in the Balkans (Sarajevo, Bosnia, Kosovo), drawing on the readings in Jones Drakulics S A Novel About the Balkans the - Essay Example According to Carl K. Slavic, there are other external factors that fuelled the genocide in Bosnia. These are; public relations firms, the US media, &the US state department. Slavic points out that the ethnic, political and religious conflicts in Bosnia were caused by exclusive national and political agendas of different Bosnia factions: Bosnia Serbs, Bosnia Muslim and Bosnia Croats; all speaking the same language but divided by religion, culture and national visions. (Sells, 1996.) The Bosnia Muslims sought to be detached from Yugoslavia but maintain borders and political structures as it existed in the Yugoslavia federation. Bosnia Serbs on the other hand saw the destruction of the Yugoslav federation would necessarily result to destruction of Bosnia and Herzegovina. The US and Germany advocated for unilateral and unconditional recognition of the internal borders of Yugoslavia. These different views were the major causes of the conflict and crisis. (Propadovic, 2003) Lack of diplomacy and political agreement resulted to," politics by other means" war. The US and Germany did nothing to prevent the war. This led to a very protracted hatred between the Serbs and the Bosnians Muslims. Drakulic in her novel refers to Seida's parents being a Muslim father and Serbian mother. This was as a result of a propaganda that was making rounds, insisting there were no Bosnians only Serbs and people of Islamic faith. (Askin, 1997) Even before the war, Bosnian Muslims had hired prominent American public relations firms as well as members of the congress and senate. So had the Kosovo Albanians and the Croats. An American P.R firm initiated the 'atrocities stories'. This was later to become very common in the war. Propaganda rent the air during the whole conflict. This fueled violence among the warring factions. A US PR firm actually admits having been retained by the Bosnia Muslims, Kosovo Albanians and Croats to wage a public relations war against the Serbs. This was referred to as info war. (Sells, 1996.) In fact it is reported that the three factions paid a total of $320,000 for six months of work, between June and September 1992, Rudder Finn firm organized various activities on behalf of the Bosnian Muslims . For example, 30 press group meetings were organized and 37 last minute faxes sent. It also organized meetings between various high ranking people on the government of the US including the then vice president and Bosnian Muslim representatives. Rudder Finn considered its greatest success in propaganda as having succeeded in moving the American Jewish opinion in favor of the Bosnian Muslims, Croats and Kosovo Albanians. Osama bin laden Mujahideen forces were also involved and were part of a Bosnian army. (Askin, 1997) The US state department, who were the overseers of the fall of the Soviet Union, wanted Yugoslavia to go the same way. The new Balkan states such as Bosnia and Herzegovina were equated with batalic states, though erroneously. By going this divide and rule way, the US would be able to state its command on the political, military and commercial interest in the Balkans. The state department's goal was to create a weak Bosnia Muslim ruled state. A Bosnia dependent on the US for security, development and political viability. A State that would represent America's interests in the region. This was to be achieved by

U.S War on Afghanistan Term Paper Example | Topics and Well Written Essays - 750 words

U.S War on Afghanistan - Term Paper Example Americans truly understand that the question concerning Afghanistan is not about winning the war but whether it leads to national security. The Obama administration should speed up troop withdrawal and turn over combat to the Afghan Army. The Obama administration should speed up troop withdrawal and turn over combat to the Afghan Army. Getting rid of al Qaeda does not need a large scale and long term military presence in Afghanistan for several reasons. First and foremost, we must bear in mind that the military does very well in killing bad people, bombing command centers, destroying enemy troop formations, but not able to find hidden killers. The close cooperation with agencies that enforce foreign law and the scalpel of intelligence sharing has done more in rounding up suspected terrorists as compared to the military force. Whether we choose to stay or withdraw, al Qaeda can capitalize on our choice to remain victorious. If we happen to withdraw, we may appear weak despite the fact that the U.S is responsible for about a half of the military spending in the world. Its power can be projected to the most unreachable places in the word and come up with one of the largest nuclear arsenals globally. The United States of America also seems to be weak if it remains in Afghanistan for a longer period of time. Our military will appear weak, with aimless strategies and irrespective of our efforts; continued military operations will kill more Afghan civilians thus reducing the support we have among the population. Our policy towards Afghanistan has undermined the main U.S. interests in Pakistan. Operations have managed to kill quite a number of high value targets, and this may have gravely degraded al Qaeda’s international capabilities. Unfortunately, our policies are pushing the region’s jihadist insurgency over the boundary into Pakistan. In the year 2007, tribal based groups referred to as the Taliban started emerging in the Pakistan border region in re sponse to frequent Pakistan army incursions. The current U.S. policy is continuously pushing militants into Pakistan cities, thus strengthening the jihadist forces that we are seeking to defeat, therefore, pressing the nuclear armed country into war (Adam 34). Nevertheless, the most terrible thing we can do is concentrate in this region entirely. This is the same thing we did some time back when we funded the mujahedeen, but there were costs for being in the region for a long time. We accomplished very little but gave al Qaeda the chance to push the conflict into Pakistan. America should speed up troop withdrawal; continue with open relations and sharing of intelligence with all countries of the region. It should also deploy Special Forces for operations against particular targets and engage in rigorous surveillance (Schmitt 25). For the last few years, violence in Afghanistan has been dubbed an â€Å"insurgency† which requires the application of a counterinsurgency strategy. This has risen to prominence in the U.S defense force and national security thinking that relies on theology. Counterinsurgency has become common in the present and future wars. It has thus become a new way of war for the Americans. The challenge of counterinsurgency theory and doctrine is that it hinders our ability to apprehend the nature of our predicament in Afghanistan accurately. This theory gives emphasis on the population meeting its needs, developing economies and establishing governmental legitimacy (Cooley 72). According to the theory, most of the population is not sure on whose side they should be on, we should capitalize on this to influence them to choose us. The U.S should withdraw its troops from Afghanistan by using a public timetable. They should negotiate with the government of Afghanistan and other key partners. The U.S public is against the war in Afghanistan thus the war should be brought to an end. Even

Control Systems and Quality Management in Relation to Motivation Essay

Control Systems and Quality Management in Relation to Motivation - Essay Example Most healthcare organizations have established continuous quality control and improvement systems for an excellent and constant quality management program as suggested by Shortell and Kaluzny (1997). Healthcare companies should consider that institutions with constant quality control systems desire to adopt positive changes in all aspects of the organization’s activities. Quality management in healthcare companies offers a framework for service delivery and helps hospitals organize their operation to provide quality services. Â  Management control systems aim at bringing commonness of goals and coordination of processes in healthcare organizations for dysfunctional control systems. The control systems are expected to monitor and regulate the behavior of workers in the organization. For instance, the top management depends on information provided at different management levels to make decisions and to evaluate processes. Management control systems in healthcare organizations are concerned with resource allocation, coordination, and motivation of the employees. The control system in the management of healthcare organizations applies techniques such as total quality management. Total quality management is an aspect of management which constantly aims at enhancing quality services and management. Every healthcare organization’s management should develop a control system customized to its goals and resources. These control systems relate to the motivation of employees in healthcare organizations throug h different principles as outlined below: Â  Focus on critical points: for instance, controls are used where failure is a threat and the costs do not exceed a specific amount.

Influences of American Antitrust Principles on Golf

Influences of American Antitrust Principles on Golf Are the Rules of Golf in violation of Antitrust Law? Abstract: Today, the two regulatory bodies for golf, the United States Golf Association (USGA) and the Royal and Ancient Golf Club of St. Andrews (RA) establish the technical specifications for golf equipment. Indeed all major sports would have some regulatory body undertaking the same activity. The purpose of this paper is to analyse the extent to which American antitrust principles will influence the application of Australian antitrust (or competition law) canons to the Rules of Golf. In Australia, the rules promulgated by the regulatory bodies are adopted through its national association, Golf Australia, upon a delegation from the Royal and Ancient Golf Club of St. Andrews. The issues specifically raised are whether regulation of golf equipment improperly excludes innovative products from reaching the market place (ss45/4D of the Trade Practices Act 1974 (Aus) with this provision somewhat equivalent to  §1 of the Sherman Act 1890 (US)), and second, whether the golf regulators are unfairl y exercising market power (s46 Trade Practices Act 1974 (Aus) this section broadly parallels  §2 of the Sherman Act 1890 (US)). With precedential case law emanating from the United States, it is possible, if not probable, that a manufacturer (be they Australian or international) may look to the Australian courts as a medium by which their innovative and ground-breaking product can reach the hands of avid golfers. This article examines the United States litigation and applies it to the above-mentioned competition law principles. It has particular relevance to a United States audience given that American manufacturers dominate the retail market for golf clubs in Australia. A framework will be presented against which sporting equipment regulators can test the validity of their rules regarding equipment restrictions. Whilst golf will be the background for this critique, the analysis is equally relevant for any sport (if not all), which contain such limitations. Introduction There is no doubting the importance of sport to the human psyche. From an Australian perspective it is an inherent part of the Australian persona, developed as part of our culture. Whether it is our wealth, weather, availability of land or some other reason, many Australians participate in any number of outdoor and indoor recreational pursuits that come within the broad rubric of sports. As one of the most prominent activities, golf occupies a specific niche in the Australian community. With approximately 1.139ml (or 8% of the population) playing, the related employment of 20,000 people, club revenues of $1.1bn, 30ml rounds played annually, at least 20 male players on the United States Professional Tour and the number nine ranked female player in the world (Karrie Webb), Australia is rightfully positioned as the worlds number two golfing nation, behind only the United States of America. However, for every golfer frustrated with a short game that begins off the tee, a putter that uncomfortably yips at impact, or a ball that doesnt respect the modern mantra of mental visualisation, a lingering question remains, to what extent do the technology restrictions imposed by the regulators of golf actually protect the fundamental values that lie behind the game? Perhaps more specifically, do the contemporary developments such as the conformance test for the ‘spring-like effect off clubheads, or the limitations on the distance that a ball can travel serve to protect the skill level of the game, or simply restrict competition amongst innovative manufacturers whilst at the same time exasperating the legion of players in the game. Has tradition been preserved at the expense of progress? Development and growth in sporting equipment is about innovation, (if not in society), and on a simplistic level restrictions prevent competition amongst companies who must create to sell th eir product to the consumer. Subject to normal use, golf clubs will last for many years if not decades. To purchase new equipment, the golfer needs to be convinced that the latest contrivance (such as the redirection of the weight in the head of the club; the redesigning of the geometry of the dimples on the golf ball, or the adjustability of the shaft), will see that golfer move imperceptibly closer to the utopian ideal of swing perfection. But the question remains how can a conventional competition law analysis allow sporting administrators the opportunity to engage the game and its participants with its fundamental values, or does sport (as a fundamental part of Australian society) simply need to mend its way to fit within the competition law ideals promulgated and promoted by governments of all persuasions. United States Litigation The genesis for present day litigation has been the United States of America. In a golfing context, two cases dramatically highlight the antitrust implications of the Rules of Golf: Weight-Rite Golf Corp v United States Golf Association and Gilder v PGA Tour Inc. Weight-Rite Golf Corp v United States Golf Association concerned an action brought by a manufacturer and distributor of (among other things) a particular golf shoe. The plaintiff had designed a golf shoe to promote stability and appropriate weight transference in the swing. The USGA issued a determination banning the shoe alleging that it did not conform to the USGAs Rules of Golf. However, Weight Rite argued that the USGA determination amounted to a group boycott or concerted refusal to deal. In the United States, this is per se unlawful under the Sherman Act (in Australia this would be per se illegal under s45 of the Trade Practices Act 1973), no lessening of competition need be established. As noted by the Court these types of practices are: â€Å"agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use†. However, in addition, Weight Rite submitted that even if the per se rule was not applicable, the USGAs action violated the rule of reason, that is, its actions lessened competition. Weight Rite was unsuccessful. The USGA had not violated any procedural fairness requirements nor had an unreasonable restraint of trade occurred. The court found that the USGA had an established procedure for the verification of new equipment, whereby golf equipment manufacturers may, prior to marketing a product, obtain a ruling from the USGA as to whether the product conforms to the Rules of Golf. Given that Weight Rite had not availed itself of this procedure, despite notification to do so from the USGA, injunctive relief was not available to the plaintiff. Gilder v PGA Tour Inc Gilder v PGA Tour Inc concerned, at the time, the most popular selling golf club in the world, the ‘Ping Eye 2. This club was developed following an amendment in 1984 whereby the United States Golf Association had permitted the manufacture of clubs containing grooves that were in the shape of a U (as opposed to a V) this rule change coming about because of technical improvements in the way clubs were manufactured, rather than manufacturers seeking to gain an innovative advancement to their clubs. This contrasted with earlier clubs where the grooves were all the shape of a V- a diagrammatic representation from Figure XI of the current rules of golf shown below. In 1985 a number of players complained that the U-grooves had detracted from the skill of the game. The specific allegation was that U-grooves imparted more spin on the golf ball, particularly when hitting from the rough. The USGA conducted further tests and whilst they considered that more spin was added to the golf ball by the U-grooves, not enough information was available to ban clubs with this type of face pattern. However, the USGA did amend how it would measure the spaces between the grooves (the so-called groove to land ratio) and this had the effect of banning the ‘Ping-Eye 2 with this rule applying to all USGA tournaments from 1990. Gilder and seven other professionals, funded by the manufacturer of the ‘Ping-Eye 2 (Karsten Manufacturing Corporation), began proceedings against the PGA (the administrative body for professional golf tournaments in the United States of America) for adopting the rule that led to the banning of the club. They alleged that the actions of the PGA and its directors violated  §1 and  §2 of the Sherman Act and Arizona antitrust laws. To support its case, Karsten presented, in the United States Court of Appeal, economic evidence that there had been no negative impact for the PGA Tour by professionals using the ‘Ping-Eye 2. This included a quantitative study that the percentage of money won by players using the golf club was less than the percentage of players not using the club. Furthermore, there was no proof that Ping golf clubs led to a greater number of players getting their balls to the green in less than regulation. The evidence of the professionals was as expected that changing clubs would adversely hurt their game, with this impacting on prize money won and endorsement income. By contrast, the PGA considered that success for Karsten would irreparably damage its standing as the governing body. If their reputation were diminished, it would then have difficulty formulating rules for the conduct of tournaments under its control. However, the Court in comparing the harm done to the manufacturer and the p layer, as against the PGA Tour found in favour of the manufacturer. The damage done to the prestige and reputation of the PGA paled in comparison with the financial harm to the players and Karsten. An injunction was granted preventing the ban of the club going ahead and with this in mind, both the USGA and the PGA settled the outstanding litigation with Karsten. This saw Karsten acknowledging the USGA as the principal rule making body, the PGA as the administrative organisation in charge of tournaments with an independent equipment advisory committee established to oversee the introduction of innovations. Both sides claimed victory the USGA and PGA retained their positions as the authoritative rule-setters for golf and tournament play, the manufacturer and players able to continue to use the ‘Ping-Eye 2. With this background in mind, this paper will consider the application of Australian competition (or antitrust) law to the restrictions presently imposed by the regulators within the current Rules of Golf. Are these restrictions hampering competition in the market place and serving to dampen the innovative market in golf clubs. Do they prevent ground-breaking products from entering the competitive fray, and will the deference shown to the sporting regulators in the United States (with Gilder v PGA Tour the exception rather than the rule), be followed if Australian litigation was to occur? Specifically, within the Australian context, does ss45/4D (broadly similar to  §1 of the Sherman Act 1890 (US)) and s46 of the Trade Practices Act 1974 (equivalent to  §2 of the Sherman Act 1890 (US)) prevent Golf Australia (the national administrator of Golf in Australia) from endorsing the technology restrictions imposed by the United States Golf Association and the Royal and Ancient Golf Club of St. Andrews? The Rules of Golf The USGA and the RA have collaborated to issue a joint statement of principles concerning advancements in technology. With a focus on what is perceived as golfs traditions, the rule-makers indicate a continued preference for a single set of rules and the need for these Rules to enhance the skill of the player rather than the quality of the equipment. With this in mind, the Rules of Golf state: â€Å"4-1(a): The players clubs must conform with this Rule and the provisions, specifications and interpretations set forth in Appendix II.† Appendix II then establishes, over the course of eleven pages, the rules regarding the design of clubs, with, for example, clause 4(c) being of contemporary concern because of its effect in limiting the spring-like effect of golf clubs. â€Å"The design, material and/or construction of, or any treatment to, the clubhead (which includes the club face) must not: have the effect of a spring which exceeds the limit set forth in the Pendulum Test Protocol on file with the R&A; or incorporates features or technology including, but not limited to, separate springs or spring features, that have the intent of, or the effect of, unduly influencing the clubheads spring effect; or unduly influence the movement of the ball.† The Pendulum Test Protocol then sets out that a driving club is to be impacted several times by a small steel pendulum (see diagram 2). The time between the impact of the clubhead on the pendulum is then recorded, with this time directed related to the flexibility of the clubhead. The time cannot exceed certain parameters. Pendulum Test Protocol Mechanism The length golf balls can travel is also restricted. Appendix III, clause 5 provides that the â€Å"The initial velocity of the ball must not exceed the limit specified (test on file) when measured on apparatus approved by the [the regulator].† These rules apply in Australia with the Royal and Ancient Golf Club of St. Andrews, through its rules making entity (the RA Rules Limited) delegating to Golf Australia the role of administering the Rules of Golf within Australia. Current Technology Debates As noted the most recent debate between manufacturers and the regulatory bodies concerns the so-called spring-like effect of club faces. The creation and fusion of new materials in the manufacturing process has reduced the distortion that occurs to a golf ball on impact. By reducing this (through the club-face giving slightly and then rebounding), an overall increase in distance was able to be achieved. Until recently, there had been no adequate measure to test this effect, but with the introduction of the Pendulum Test Protocol, the USGA and the RA now have the opportunity to measure this accurately. However, the introduction of these measures led to a sharp decline in the share price of golf club manufacturers, and â€Å"[a]s one investment analyst commented, ‘if a governing body tells a leading-edge technology company that they cant improve technology, it puts them out of business. This debate stands at the fore of golf, with the industry view provided by the President of K arsten Manufacturing: â€Å"If the USGA restricts innovation, it will artificially restrict competition. Golfers will no longer receive the best possible equipment and will incorrectly perceive that all golf drivers are the same and there is nothing new or improved. The lack of excitement from the game will decrease interest in golf†¦Ã¢â‚¬  A second issue concerns the relationship between club face markings and the impact of the ball on the clubhead. As every golfer knows, inexorably connected to driving distance is accuracy. However, recent studies from the regulators highlighted that correlation between driving accuracy and success on the professional tours was no longer high, with further evidence illustrating the combination of current golf balls with a thin urethane cover had significantly increased the spin of the golf ball. This led to the Rules being tightened from January 1, 2008 (with this limiting the width, depth and spacing between grooves). However, non-conforming clubs can be used by non-elite golfers until 2024, with the professional golfers to adopt the rule from 2010. One final contemporary topic concerns the degree to which the club should be able to twist upon impact (the so-called ‘moment of inertia (see diagram 3- this machine able to test how much a club twists upon impact)), the regulators suggesting that technology which limits the clubhead and shaft twisting will reduce the skill component of the game. The rules now provide that when the â€Å"†¦moment of inertia component around the vertical axis through the clubheads centre of gravity must not exceed 5900 g cm ² (32.230 oz in ²), plus a test tolerance of 100 g cm ² (0.547 oz in ²).† As noted by the RA the purpose is to provide for protection â€Å"against unknown future developments†¦whilst allowing some technological evolution.† Moment of Inertia Test Machine Australian Antitrust Law Australian antitrust (or, as it is known, competition law) derives from, though with substantially different wording than, the 1890 United States Sherman Act. Because of this, the previously mentioned litigation from the United States will be of distinct precedential value when the matters are litigated in Australia. In this section an examination is given of the applicability of ss45/4D and s46 of the Trade Practices Act 1974 to the scenario detailed above. Is Golf Australia, through its adoption of the Rules of Golf on a delegation from the regulators in breach of either of these provisions.? The application of ss45/4D of the Trade Practices Act 1974 Section 45(2) of the Trade Practices Act states that: A corporation shall not: (a) make a contract or arrangement, or arrive at an understanding, if: (i) the proposed contract, arrangement or understanding contains an exclusionary provision; or (ii) a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition.. The latter part of this legislation can quickly be dismissed. In Australia, golf will not be seen as a discrete market of the purposes of antitrust analysis. For this reason an argument that there is a substantial lessening of competition (s45(2)(a)(ii)) by the imposition of technical restrictions for a particular sport is unsustainable. The per se exclusionary provision prohibition established by section 45(2)(a)(i) is somewhat equivalent to  §1 of the Sherman Act 1890 (US) however, one important difference can be noted. As Weight-Rite and Gilder highlight, the jurisdictional applicability of  §1 of the Sherman Act 1890 cannot be argued. By contrast, it is suggested that this would not be the position in Australia. The critical difference between the Australian legislation and the United States section is that in the former nation, s45(3) of the Trade Practices Act 1974 requires a competitive market or that the cartel parties be in competition with each other. Whilst this does not require all parties to be competitors, with golf regulators not retailing or manufacturing golf clubs, the underlying sense of collusion so critical to s45 litigation is absent. The definition of exclusionary provision in s4D is even more explicit. This requires that the arrangement must be between people who are competitive with each other thus mandating a horizontal component to the understanding. A further reason for the unavailability of s45 is that sporting organisations will often be seen as single economic units, rather than distinct entities. The importance of this if the two bodies are not viewed as separate, collusion is not possible. United States authority supports this reasoning. For example, in Seabury Management Inc v Professional Golfers Association of America Inc., a trade show promoter (Seabury), brought an action against the Professional Golfers Association (PGA) and a member section, the Middle Atlantic Section Professional Golfers Association of America (MAPGA), alleging that a five year contract between Seabury and MAPGA gave Seabury the right to use MAPGAs name and logo to conduct and promote a golf trade show anywhere in the United States. MAPGA claimed, on the other hand, that the contract limited any MAPGA-sponsored golf trade show to an area within the MAPGAs territorial boundaries. The case proceeded to trial with Seabury alleging, among other things, that both the PGA and MAPGA had colluded in violation of  §Ã‚ §1 and 2 of the Sherman Act and of Marylands antitrust laws. Initially the jury returned a verdict for Seabury, finding that the PGA and MAPGA were not part of a single economic unit and that the PGA had conspired with MAPGA (and also with the Golf Manufacturers and Distributors Association) to illegally restrain trade. However, this was overturned on appeal. The Appellate Court concluded that the PGA and MAPGA were incapable of conspiring and that on this issue, judgment as a matter of law in their favour was appropriate. The court said that while the MAPGA is not a wholly-owned subsidiary of the PGA and these entities are separately incorporated, the evidence at trial established that the PGA and its member sections function as a single economic unit with the PGA possessing ultimate control over the actions of individual sections. The court found it significant that the sections are governed by the PGA Constitution, by policies adopted either at PGA annual meetings or by the PGA Board of Directors, and by other pertinent policy documents such as trademark licensing agreements. In addition, the sections actions must be approved by the PGA to ensure that they are in the best interests of the organisation as a whole. For example, when the MAPGA sought to enter into the contract and its amendments with Seabury, the PGA had to approve these actions, and in this instance the PGA did approve the contract. The Application of s46 of the Trade Practices Act 1974 Another basis for possible antitrust breach by Golf Australia (through its unquestioning adoption of the Rules of Golf) is s 46: â€Å"(46) A corporation that has a substantial degree of power in a market shall not take advantage of that power for the purpose of: a) eliminating or substantially damaging a competitor of the corporation or of a body corporate that is related to the corporation in that or any other market; b) preventing the entry of a person in that or any other market; or c) deterring or preventing a person from engaging in competitive conduct in that or any other market.† The purpose of this section is clear. It is about protecting economic aims, promoting the competitive process and through that the consumer. Therefore does the regulatory control of golf equipment by Golf Australia depress competitive outcomes and reduce consumer (golfer) welfare? Have the Rules operated to depress the capacity of existing firms to innovate, and new firms to enter the market? Three elements must be met before s46 can be successfully invoked. i) Market power by a corporation; ii) The corporation must take advantage of that market power; iii) And, the taking advantage must be for a proscribed purpose. Market Power It is suggested that Golf Australia has market power. As the monopolist regulatory agency for Australia (its authority derived from one of the two Leviathans of world golf (the RA in this instance), Golf Australia can act by adopting rules free from the constraints of competition. Market power can also be established by contracts, arrangements or understandings that the corporation has with another party in the case the agreement between Golf Australia and the RA. This is supported by the significant barriers to entry that any new regulatory agency would have to establish most notably affiliation with the Royal and Ancient Golf Club of St. Andrews or the United States Golf Association. One suspects that it simply would not be â€Å"rational or possible for new entrants to enter the market,† golf also not interchangeable with other sports. Has there been a Taking Advantage Assuming that market power has been established, the next query becomes whether there has been a taking advantage of that market power. In Pacific National (ACT) Limited v Queensland Rail, the Federal Court enunciated 10 principles as a guide to the construction of the phrase take advantage in s46 of the Trade Practices Act 1974. 1. There must be a sufficiency of the connection, or a causal connection, between the market power and the conduct complained. 2. If the impugned conduct has an objective business justification, this will go against the existence of a relevant connection between the market power and the conduct. 3. The words take advantage do not encompass conduct that has the purpose of protecting market power but no other connection. 4. In deciding whether a firm has taken advantage, one must ask how it would have behaved if it lacked power and whether it could have behaved in the same way in a competitive market. 5. It may be proper to conclude that a firm is taking advantage of market power where it does something that is materially facilitated by the existence of the power. 6. The conduct must have given the firm an advantage it would not have had in the absence of market power. 7. The test may be whether the conduct was necessarily an exercise of market power. 8. One of the difficulties in dete rmining what constitutes taking advantage stems from the need to distinguish between monopolistic practices and vigorous competition. 9. The purpose of s46 is the promotion of competition — it is concerned with the protection of competition, not competitors. 10. It is dangerous to proceed from a finding of proscribed purpose to a conclusion of the existence of a substantial degree of market power that can be taken advantage of — to do so will ordinarily be to invert the reasoning process. In other words s 46 is not directed at size or at competitive behaviour, as such. What is prohibited, rather, is the misuse by a corporation of its market power. In addition, s46(4)(a) provides that the reference to power in s 46(1) is a reference to market power the power to be taken advantage of must be market power and not some other type of power. A corporation which satisfies the threshold test by reason of its market power is not permitted by s. 46(1) to take advantage of that power for the purpose of one or other of the objectives set out in paras. (a), (b) and (c). The term take advantage in this context indicates: that the corporation is able, by reason of its market power, to engage more readily or effectively in conduct directed to one or other of the objectives in paragraphs (a), (b) and (c); it is better able, by reason of its market power, to engage in that conduct; its market power gives it leverage which it is able to exploit and this power is deployed so as to take advantage of the relative weakness of other participants or potential participants in the market. Whether this is so in a particular case is a matter to be inferred from all the circumstances. In so doing, three critical points must be made: i) In determining whether there has been an objective taking advantage of market power, the phrase is not meant to imply that there must be a hostile or malicious intent to the use of the market power. There is to be no ‘indefinite moral qualification to the phrase ‘taking advantage. Section 46 is not dealing with social policy. ii) To answer the question whether there has been a taking advantage, the counterfactual is explored, that is, would the regulatory authorities have acted in the same way in competitive conditions. Conduct that may not normally be of concern, can â€Å"take on exclusionary connotations when practiced by a monopolist.† iii) The final critical point is that it is not permissible to establish a proscribed purpose and then to reverse engineer from this to find that there has been a taking advantage of market power. Taking advantage is a separate element that must be proven exclusively of any proscribed purpose. To do something other than this is to flaw the analysis. It is not possible to conclude that because one has the proscribed purpose of eliminating a competitor, that they have taken advantage of market power. â€Å"Competitors almost always try to ‘injure each other†¦This competition has never been a tort†¦ and these injuries are the inevitable consequence of the competition s46 is designed to foster.† With these principles in mind, would (or could) Golf Australia have acted in a different way, if the market conditions were competitive? Arguably, the answer is no. Golf is a global sport at both professional and amateur level and with the control, financial influence, and contemporary dominance of the USGA and the RA, Golf Australia would have to act the same way in a competitive market. The potential for Australia, despite our relative success on the world stage, to develop or go it alone in terms of equipment and rule regulation would not exist. With major American companies dominating world golf club manufacture, the presence of a second regulatory body, competing with Golf Australia would not alter the fact that sporting equipment regulation would still be mandated by overseas entities. A new entity, (as with Golf Australia) simply would not have the political or financial strength to act differently than that dictated by the USGA and the RA. For a Proscribed Purpose Assuming that market power and the taking advantage of this was established, the third element is that Golf Australia would have had to have acted for a proscribed purpose. Can it be said that Golf Australia (a non-profit entity) has objectively acted to eliminate, hinder or somehow prevent competition in a market. This requirement is arguably more easily met in the context of ‘for profit organisations. In Monroe Topple Associates v Institute of Chartered Accountants the non-profit nature of the Institute did not necessarily lead to a finding of an improper purpose, but â€Å"[did] tend to point against such a finding.† It is suggested that it would be difficult to establish the purpose element. Golf Australia gains nothing by putting golf equipment manufacturers out of business indeed it would seem to be in the interests of the regulator to promote healthy innovative competition amongst the manufacturers, with this leading to reduced prices for clubs and growth in the number of players. In a different context, a similar conclusion was reached by the Full Federal Court in Australasian Performing Rights Association Ltd (APRA) v Ceridale Pty Ltd. APRA refused to provide a licence for a nightclub unless unpaid fees by Ceridale were paid. While its actions may have led to a nightclub closing, its purpose was not to put the company out of business, but simply to preserve the integrity of its licence system. By analogy, the role of Golf Australia in endorsing the rules of the USGA and the RA is not about putting golf equipment manufacturers out of business, but about preserving what it perceived to be the traditions of the game. An Objective Business Justification Given what has been previously outlined, a breach of s46 appears unlikely. Whilst Golf Australia would have market power, it could not be shown that it would have acted differently in a competitive market (hence no taking advantage of that power), nor could it be demonstrated that it acted for a proscribed purpose. However, it is suggested that there is an even stronger basis by which Golf Australia would be able to defeat any allegation that it had taken advantage of its market power. This relies on Golf Australia establishing an objective legitimate business justification as to why it has accepted and promulgated these technical rules as the basis for regulation of golf equipment in this country. If this justification is accepted, then the conclusion is that there has been no taking advantage of market power the business was simply doing what would normally be done in a competitive market. In essence, it is the flipside of the counterfactual test, but in this context appeals to th e reason why sporting administrators and regulators are needed that is to establish and run fair competitive competitions and to encourage participation in the sport by all, with results determined on skill and not on luck. It seeks to connect the conduct of the market participants to