“Not So Quiet” as representative of gender in WWII Essay

Evadne Price wrote the book â€Å"Not So Quiet† in 1930 under the pseudonym Helen Zenna Smith. Price was an established author and playwright by the time she wrote â€Å"Not So Quiet,† best known for her serialized romance novels. She also wrote children’s books and articles for women’s magazine. But â€Å"Not So Quiet† was a very different kind of piece, partly because of its far more serious nature, partly because it was somewhat autobiographical. She was initially approached by a British publisher to write a satire on â€Å"All Quiet on the Western Front† by Erich Maria Remarque, but Price argued that she would rather write an account of a woman’s experience with war instead. Price then contacted a British ambulance driver who had kept war diaries as a basis for her story, then elaborating the story to revolve around a fictional version of herself named Smithie. Taking this very personal, intimate story of a woman, as well as her already inherent skill of writing for women, Price created a novel whose voice is distinctly female. The reader feels Smithie’s confusion, anger and isolation in her struggle to build a new identity in the wake of a total loss of innocence. In this, more then anything, Price has created a war story that is not only about women, but one that speaks to women and resonates with them, a true rarity. It is through Price’s novel that a distinct view of the war through the eyes of a very female, upper-class experience help give the reader a very clear idea of many of the issues faced by women of the war years as they try to maintain what society has always told them is feminine behavior in an increasingly bloody reality. The nature of the book â€Å"Not So Quiet† is reflective of â€Å"All Quiet on the Western Front† in that both are pacifist responses to war, but in the case of â€Å"Not So Quiet,† the pacifist voice is female. The ideas about war expressed by Smithie are often reminiscent of other pacifist women’s responses to war and draw attention to the women’s peace movement that started during the First World War. Many of Smithie’s comments, such as her sarcastic annoyance with Mrs. Evans-Mawning for being proud that she could be proud her son was murdered for murdering another mother’s son, is phrased very similarly to thoughts of leading female pacifists. Clara Zetkin, a German socialist feminist, is one who comes to mind and her words â€Å"Who endangers the well-being of the fatherland? Is it the men who, clad in other uniforms, stand beyond the frontier, men who did not want this war any more  than your men did and who do not know why th ey should have to murder their brothers?† (Zetkin, pg. 145). Zetkin’s radical ideas, formed during the first war, are a display of the already changing disposition, pushing to action for the cause of peace. Lida Gustava Heymann, another female pacifist during World War I, reflects another aspect of Smithie’s pacifist transformation-anger. Like Smithie, who spends much of the novel searching for people to blame for her pain, Heymann puts blame directly on men, describing male nature as inherently violent and fundamentally opposed to female nature, which is pacifist. Another important pacifist during World War I who is reminiscent of Smithie is Sylvia Pankhurst, daughter of Emmeline Pankhurst, organizer of radical women’s groups, and Richard Pankhurst. Her radicalism led to a major rift with her mother after the groups they belonged to decided not to commit arson, which, to Sylvia, made them not radical enough. She also felt her mother and her sisters were to focused of fostering middle class privilege and gave to little attention to the needs of all women. During the war, when she joined the women’s peace army, she found herself at even greater rift with her mother and sister, who both supported the war. Her lifetime of feelings of anger and alienation from the older generation, despite her mother’s staunchly liberal ideas, manifest Smithie’s exact feelings that pushed her toward the distaste for the war that the novel ends on. Smithie’s anger and large transformation are a result of her unmasked experience with war. For most women, however, the experience of war was masked and covered behind nationalism and propaganda. Although much of the book takes place on the front, hints of what is happening back home are frequently given, mostly through letters received by Smithie from her mother and through the character of B.F. Mrs. Evans-Mawning, throughout the novel, serves as a figure of the worst kind of feminine nationalism, boasting about Roy but not having the edge on Smithie’s mother because she has only her one son to sacrifice as opposed to Smithie’s larger family. Smithie also notes that she is sick of reading positive news about wonder war girls in the news, comparing her experience to having a baby because once you get started â€Å"your trapped in it.† (Smith, pg. 134). Women on the home front were being coddled into believing everything was going well because this was still a  time in which men saw women as more sensitive then they were intelligent and therefore needed to be protected (Thebaud, pg. 95). This sort of â€Å"sugar-coating† gave women false impressions about the war, which was particularly disappointing to those who enlisted. In one letter from Smithie’s younger sister, Trix, she writes â€Å"Why the dickens they dress you up in a pretty cap and make you think you’re going to smooth the patients fevered brow beats me hollow.† (Smith, pg. 84). Another letter in the book that is very reflective of home front feelings is the one Smithie receives from B.F, who described her encounter with Tosh’s uncle and comments on his lack of patriotism because of his being more upset about Tosh’s death then the war. In her own, somewhat ignorant, way B.F is describing the shifting attitudes felt by people bac k home whose nationalism faded with sorrow over lost loved ones. While this war marked an incredible change in society in a variety of areas, no group was more changed by the two wars then women were. Women, even those who were educated and â€Å"gently bred† were called in to be a part of a gruesome war and through the experience of Smithie the loss of innocence is felt. Heymann, after the First World War, noted that everything in the past is in a state of man, which makes force, authority and fear its principles. Heymann felt that women had so long been slaves to men that presently their very natures were enslaved (Heymann, pg. 149). However, war forced women into very different position then they had ever been in before, the wars forced them to take a more aggressive role in public life and start to reclaim their own identities. Zetkin also notes during the war how the existence of it threw in women’s faces the view of society that men need to go die in order to protect their â€Å"weak women,† but the death of their men ca used a much larger burden to fall upon their apparently small shoulders. The change experienced by women is manifested not just in Smithie and other named characters, but also in the two most notable events that involve girls just â€Å"passing through† the ambulance-driving world. The first, in which Smithie shows two new girls to their bunk and they tell her they shall â€Å"have a tea,† represents the old woman- even faced with clearly dire circumstances, the female is to sensitive for it and buries her head in frivolous desire. However, later on, on page 132, when the ‘seeing-Francer’  stands up to explain why she is leaving, she not only well articulates her complaint, but also shows a lot of bravery in doing so. The moment displays women’s changing levels of aggression as more and more of them took jobs they never would have before. There are also signs of the sexual emancipation experienced by many women, most clearly manifested by Smithie when she actually says aloud how not shocked she is by the general’s proposition of sex (Smith, pg. 145) and then when she sleeps with a soldier, Robin, whom she barely knows. This was directly following the interwar years, in which novelists and magazines already began to prominently feature the new woman, with her short hair and sexual liberation. While there were many positive changes for the overall position of women as a result of the war, the novel â€Å"Not So Quiet† also notes the physical trauma it brought for them. This aspect of the book might be its finest one in that it describes difficulties faced by women, who were not regarded with the same sensitivity as returning soldiers. After Smithie returns home for a few days, clearly traumatized, she is chastised by her mother for â€Å"mooning about† for days and how strange it was that she was still not over her traumatic experience with war. Ernst Simmel, who wrote about war as a cause of mental illness, described â€Å"war psychosis† as rarely curable, caused by all things to horrible to grasp. Simmel also described war psychosis as a damage that can be seen even when all external wounds are healed, making it therefore invisible. The feelings of this illness’ onset is manifested by Smithie in the most beautiful passage of the book when she describes her desire for â€Å"men who are whole† and her concern for what is to happen like people like her, if they survive, how they are meant to lead a normal life after experiencing such horrific things and being so internally broken. Bibliography Herminghouse, Patricia A., and Magda Meuller, eds. German Feminist Writings. Vol. 95. New York: The German Library, 2001. Simmel, Ernst. â€Å"War Neurosis and â€Å"Psychic Trauma†Ã¢â‚¬  The Legacy of the War. Smith, Helen Z. Not So Quiet†¦ New York: The Feminist P, 1930. Sohn, Anne-Marie. â€Å"Between the Wars in France and England.† A History of Women in the West, Volume V Toward a Cultural Identity in the Twentieth Century (History of Women in the West). By Georges Duby. Vol. 5. New York: Belknap P, 1994. 92-119.

Corporate Social Responsibility and Business Law Essay

Introduction Our assigned topic deals with a phenomenon that has taken the corporate world by storm rather recently, particularly in Pakistan. It entails the dilemma that every corporation faces when they have to make decisions regarding the firm’s profitability and their corporation’s social responsibility. The term â€Å"corporate social responsibility† came into common use in the late 1960s and early 1970s after many multinational corporations formed the term stakeholder, meaning those on whom an organization’s activities have an impact. It was used to describe corporate owners beyond shareholders. The field of corporate social responsibility (CSR) has developed exponentially in the last decade. Nevertheless, there remains a lingering debate about the legitimacy and value of corporate reaction to CSR concerns. There are different views of the function of the firm in society and disagreement as to whether wealth maximization should be the sole goal of a corporation. An escalating number of shareholders, analysts, regulators, activists, labor unions, employees, community organizations, and news media are asking companies to be accountable for an ever-changing set of CSR issues. There is rising demand for transparency and growing expectations that corporations measure, report, and continuously improve their social, environmental, and economic performance. According to Business for Social Responsibility (BSR), corporate social responsibility is defined as â€Å"achieving commercial success in ways that honor ethical values and respect people, communities, and the natural environment.† Each company is at variance in how it implements corporate social responsibility, if it does so at all. The differences depend on such factors as any particular company’s size, the particular industry involved, the firm’s business culture, stakeholder demands, and how historically progressive the company is in engaging CSR. Some companies focus on a single area, which is regarded as the most important for them or where they have the highest impact or vulnerability—human rights or the environment, for example—while there are others who endeavor to incorporate CSR in each and every one facet of their operations. For successful execution, it is fundamental that the CSR principles are part of the corporations’ values and strategic planning, and that the management and employees, both are committed to them. Furthermore, it is important that the CSR strategy is aligned with the company’s specific corporate objectives and core competencies. As CSR comes into contact with many of the problems conventionally addressed by government, like human rights and community investing, there is strong censure that societal problems are best solved by freely elected government bodies as the resources of a corporation are poorly matched for addressing those social problems, and therefore, it is argued, they should not be misallocated. According to Friedman (1970), in a free society, â€Å"there is one and only one social responsibility of business—to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud.† The idea is that the state should address social problems, supported by the argument that an executive, by taking money and resources that would otherwise go to owners, employees, and costumers, and allocating them according to the will of the minority, and will fail to serve the interests of her or his principal. In this way, the executive imposes a tax and spends the proceeds for â€Å"social† purposes, which is insupportable, since she or he has neither the skills nor the jurisdiction to do so. On the other hand, there are many demands by others for corporate adoption of the CSR principles. Although the government is chiefly responsible for addressing those issues, the contribution of private firms can be substantial. There is also the argument of the shifting balance of power. According to the Organization of Economic Co-operation and Development (OECD), of the 100 largest global economies, as indicated by their respective GDP, 51 of them are US corporations, and only 49 are nation states. So economic supremacy has shifted to the corporations; they, therefore, should have an increasing role in and accountability for addressing social problems. For example, the government sets the regulations and the minimum standards for the workplace, but a company can further improve the work environment and the quality of living of its employees. A firm cannot stay oblivious to the problems of the environment in which it functions. The poverty of a nation state’s citizens, political unrest, and the exhaustion of natural resources can have destructive effects for a corporation. For example, resources that are inputs in the production process and which, at the foundation of the industrial revolution, were plentiful are now scarce, polluted, or diminishing in many regions of the entire planet. As one would expect, this imposes an extra cost to the corporations and may force them to reposition or to cease operations. From one perspective, companies may be poorly equipped to address some of the social or environmental problems, but from another perspective, no matter how poorly equipped, companies may still be best positioned to improve the problems. Undoubtedly, adopting the CSR principles involves costs. These costs might be short term in nature or continuous outflows. They may involve the purchase of new environmentally friendly equipment, the change of management structures, or the implementation of stricter quality controls. Since being socially responsible involves incurring costs, it should generate benefits as well in order to be a sustainable business practice. A corporation could not continue a policy that constantly generates negative cash flows. The shareholders invest their money in a corporation, expecting the highest possible risk adjusted return. Therefore, being socially responsible should have bottom-line benefits in order to be sustainable. Socially responsible corporate performance can be associated with a series of benefits with the final outcome. But in a lot of cases, it seems that the time frame of the costs and benefits can be out of alignment—the costs are in the near future, whereas the benefits are not often realized until long periods of time have lapsed. Nevertheless, many benefits can be identified. Firstly, socially responsible companies have enhanced brand image and reputation. Consumers are often attracted towards brands and companies with good reputations in CSR related issues. Therefore, a corporation’s brand equity is automatically enhanced. A company regarded as socially responsible can also benefit from its reputation within the business community by having increased ability to attract capital and trading partners. However, reputation is hard to quantify and measure; it is even harder to measure how much it increases a company’s value. But since companies have developed methods to measure the benefits of their advertisement campaigns, similar methods can and should be able to be applied in the case of corporate reputation. Socially responsible companies also have less risk of negative rare events. Furthermore, companies that adopt the CSR principles are more transparent and have less risk of bribery and corruption. In addition, they may execute stricter and, thus, more costly quality and environmental controls, but they run less risk of having to bear in mind defective product lines and pay heavy fines for excessive polluting. They also have less risk of negative social events which damage their reputation and cost millions of dollars in information and advertising campaigns. The scandals about child–labor and sweatshops that affect the clothing industry are two fine examples. Thus, socially responsible businesses should have more stable earnings growth and less downside volatility. Since companies that adopt the CSR principles carry less risk, when valuing those companies, a lower discount rate should be used. In the company valuation this lower tail risk should be taken into account. There are also other cases in which doing what is good and responsible converges with doing the best for the particular business. Some CSR initiatives can dramatically reduce operating costs. For example, reducing packaging material or planning the optimum route for delivery trucks not only reduces the environmental impact of a company’s operation, but it also reduces the cost. The process of adopting the CSR principles induces executives to reconsider their business practices and to seek more efficient ways of operating. Companies perceived to have a strong CSR commitment often have an improved ability to attract and to retain employees (Turban & Greening 1997), which leads to reduced turnover, recruitment, and training costs. Employees, too, often evaluate their companies CSR performance to determine if their personal values conflict with those of the businesses at which they work. There are many known cases in which employees were asked, under pressure of their supervisors, to overlook written or moral laws in order to achieve higher profits. These practices create a culture of fear in the workplace and harm the employees’ trust, loyalty, and commitment to the company. Companies that improve working conditions and labor practices also experience increased productivity and reduced error rates. Regular controls in the production facilities throughout the world ensure that all the employees work under good conditions and earn living wages. These practices are costly, but the increased productivity of the workers and improved quality of the products generate positive cash flows that cover the associated costs. Thus, firms may actually benefit from socially responsible actions in terms of employee morale and productivity (Moskowitz, 1972). Literature review CSP is a global concept that encompasses those of Corporate Social Responsibility and Corporate Social Responsiveness. It provides a coherent framework to explore business-society relationships by looking at the social impact of corporations with business criteria of performance measurement, such as quality, efficacy, effectiveness, innovation (Carroll, 1991; Wood, 1991). The challenge for corporate social responsibility (CSR) in developing countries is framed by a vision that was distilled in 2000 into the Millennium Development Goals—‘a world with less poverty, hunger and disease, greater survival prospects for mothers and their infants, better educated children, equal opportunities for women, and a healthier environment’ (UN, 2006: 3). The penetration of the social realm into corporate strategy has gathered momentum in the last years. The movement for CSR has â€Å"won the battle of ideas† (Crook 2005). By now, most well managed companies have adopted th e practices and certifications mandatory in their industries, having gone through what Zadek (2004) calls the â€Å"defensive† and the â€Å"compliance† stages of CSR. Managing the social and environmental footprint of economic activity is generally accepted as part of the cost of doing business. But much remains to be done. If companies are to move their CSR activities from satisfying behavior and take their commitment to society and the environment to the next level, they will need to rethink their current approaches to CSR, tapping into the creativity of every individual. CSE, like all entrepreneurship, is not about managing existing operations or CSR programs; it is about creating disruptive change in the pursuit of new opportunities. It combines the willingness and desire to create joint economic and social value with the entrepreneurial redesign, systems development, and action necessary to carry it out. Accelerated organizational transformation faces a host of obstacles well-documented in the change management literature. Some people argue that media pressures the corporate managers and directors to behave in ways that are â€Å"socially ac ceptable†. Sometimes this coincides with shareholders’ value maximization, others not (Zinagales, 2002). Although there are several contested notions of what CSR should be and how it should work, there is some agreement upon what it broadly entails. A number of concepts and issues are subsumed under the heading of CSR, including human rights, environmental responsibility, diversity management, sustainability, and philanthropy (Amaeshi & Adi, 2006), meaning that it is a complex area with an interdisciplinary focus. It is generally agreed that CSR involves corporations voluntarily exceeding their legal duties to take account of social, economic and environmental impacts of their operations. Consideration of the social, economic and political context demonstrates how CSR forms part of a wider strategic direction being taken internationally with regard to market relations and the pursuit of a range of objectives and goals. The context is in part provided by concerns about the numerous examples of irresponsible behavior on the part of corporations, ranging from colluding with oppressive regimes and in the overthrowing of governments (Alston, 2005) to issues relating to working conditions and the impact of unethical marketing practices (Richter, 2001). Such examples have demonstrated the need for the worst excesses of business to be curbed. The globalised economy is understood to raise important issues for businesses and governments due to changes in patterns of production and consumption. In particular it is noted that the manufacturing of goods is â€Å"highly mobile† (Cassell, 2001:263) and that supply chains are often dispersed in various countries, creating difficulties in terms of legislation and regulation. Moreover, economic globalization presents challenges to the ability of states to protect people’s rights (Cassell, 2001). The notion of corporate social responsibility is part of the ‘third way’ (Gond & Matten, 2007), where the role of the state is now to provide â€Å"steering for the promotion of social development and social justice† (Giddens, 2001: 6). There is increased involvement of the private sector in traditionally statutory provision through privatization and public/private partnerships (Meehan, 2003). Economic policies have created a need for markets and business to self-regulate in order to continue to pursue an international free market economy, but also to ensure sustainability of economic, human and other resources, and of the environment. CSR is seen as a solution to these problems of regulation. The private sector is increasingly seen as a key player in the achievement of many national and international strategic objectives for governments, which is also enabled by CSR. Methodology To gather information, we used secondary research as our main source of information. Various academic journals and internet sources were pursued to cater to the important aspects of the given topic. Moreover, since we thoroughly researched this topic, personal opinions were formed and using those and logic, we justified our opinions accordingly. How can business persons act in an ethically and socially responsible manner and at the same time make profits? Suppose clear-cutting is profitable and legal, but is nonetheless regarded as environmentally irresponsible under prevailing social norms. Can management of a timber corporation decline to clear-cut its timberland even though that sacrifices profits? One might be tempted to evade the question by claiming that being environmentally responsible is profitable in the long run, either because it preserves the forest for future harvesting or because it maintains a public goodwill that aids future sales. But suppose, in an incautious moment, management admits that the present value of those future profits from not clear cutting cannot hope to match the large current profits that clear-cutting would produce. Or, more realistically, suppose a takeover bid by a firm known to clear-cut establishes precisely that proposition by offering far more than the stock price that reflects the current stream of profits. Can management reject the profitable takeover bid on the grounds that it will lead to socially undesirable clear-cutting? The answers to these questions will challenge the canonical law and economics account on corporate social responsibility, which goes something like this. Unless modified by statute, traditional fiduciary duties require corporate managers to further the interests of shareholders, and thus require them to maximize corporate profits subject to the obligation to comply with independent legal constraints. Ethics and social responsibility are very important values in business ventures. This is particularly essential in decision making process. Ethical conscience reminds business persons to make trustworthy and profitable business decisions. Likewise, the social responsibility component requires business persons to make entrepreneurial decisions that can enhance benefits and repelling harms to the stakeholders. The canonical law and economics view holds that corporate managers do and should have a duty to profit-maximize because such conduct is socially efficient given that general legal sanctions do or can redress any harm that corporate or non-corporate businesses inflict on others. If certain conduct imposes excessive harm on others or merits taxation, then an independent law should regulate and impose liability or taxes whether or not the actor is a corporation, and if the conduct does not impose any impermissible harm or merit taxation, then the most socially desirable thing for corporations to do is maximize profits. Other stakeholders could either legally protect themselves by contract with the corporation or have their legal protection provided by judicial gap-filling of such contracts. Part of what makes this account canonical is that it helps define the boundaries of the corporate law field. It leaves corporate law scholars free to ignore issues about any effects the corporation may have on the external world as topics best addressed by other legal fields, and to focus on more tractable models about which corporate rules would maximize shareholder value.

Discovering the Truth through Scientific Sociology, Interpretive Sociology, and Critical Sociology Essay

In finding out any data and facts about anything, we considered a lot of thing before we arrive into our final conclusions. In the field of sociology, there are three types of determining the â€Å"truth. † These are the scientific sociology, interpretive sociology, and the critical sociology. They are common in one thing and that is to find out the truth and facts in the environment where individuals interact with each other. However, they have differences which are taken into account. The scientific sociology of the positivist point of view says that facts and truth should be verifiable by our five senses. It always predicts and comes up with theories and law. It finds patter in any occurrences. The interpretive sociology, also called hermeneutics, on the other hand, states the analysis of a socially meaningful action through direct observation of people in a natural habitat. It focuses on the qualitative data and understands the symbolic processes in the surroundings. Lastly, the critical sociology or the transformational approach always gives a main purpose of any doings and action of man into transforming lives of society. Often times, it goes beyond questions of the scientific sociology. It says that people could take responsibility for becoming what they chose. The scientific sociology, in terms of advantage could be justified by hard data and valid supports from the records and files gathered throughout the observation period. It could support and deconstruct conclusions and assumptions with mere verifiable data. However, since the scientific sociology only relies to the five senses of a person, it has the limitation of physical aspect such that it only sees the physical condition and physical phenomenon on the society. Though it states the cause-effect relationship, it still lacks of the facts from the people on the society, which in reality, are the one who have known the truth why is that thing happened, because the are the one who are involved in the action. In relation with the work of Marx, Durkheim, and Weber, they all have their own view regarding the society. It has similarity with the theories mentioned above because like those theories, the theories of the three social scientists arrived in similar societal conflict or disconnection. They all presented their support with different approach like the three theories of sociology in determining the truth. Reference http://www.csudh.edu/dearhabermas/theory06.htm

Woman in the work place Essay Example | Topics and Well Written Essays - 1500 words

Woman in the work place - Essay Example Often women have to assume dual personalities in order to get ahead – one for the office and the other for the home. At the office, she has to be assertive and in clear command, to a certain extent, also shrewd and manipulative, to get what she wants, but at the home, she has to be demure, obedient and dutiful, subservient to the wishes of others. The different roles assigned to women to support themselves and their families have enhanced their potential and also made them stronger and determined individuals, coping to succeed in a male dominated world. And their ability to finish projects on time have made women make.† (Gomez, Armando). The reasons why women make more progress than men is because they have the right attitude to work and interpersonal relationships and would rather avoid arguments and heated discussion, rather than try to win them. Besides, they take their jobs more seriously then men and excel in producing quality work within targeted time and lower bud gets. Unlike men, they do not nurse bruised egos and are generally well-informed about relevant matters concerning the corporate matters while striving for excellence in chosen assignments. There are distinctive personality traits between men and women which need to be understood in its correct perspective. Although women may deny gender discrimination and sexual harassment, the fact that this is a reality cannot be denied.† Violence against women can occur on the job. Employers need to be concerned about their responsibility to maintain safe work sites.† (Strategic Employer Responses to Domestic Violence. A Crucial Human Resource Challenge). In a survey conducted in US, 50 % of the women in the age group of 35-49 admitted that they were the subject of gender discrimination and 40 % admitted to have faced sexual harassment at their work place. (Gomez, Armando). It is felt that discrimination exists among the

The Impact of Fruit Juices on the Dental Erosion in Human Tooth Enamel Research Paper

The Impact of Fruit Juices on the Dental Erosion in Human Tooth Enamel - Research Paper Example This literature review explores the impact of fruit juices on dental health as well as the factors causing dental erosion. It also explores various investigations which are helpful in the detection and prediction of dental erosion. Considering the issue to be of paramount significance the present study has been carried out. Objectives: Human tooth is composed of minerals, organic matter as well as water with variation in the thickness, blood and nerve supply; therefore an irreversible alteration of mineralization is frequent. Consumption of soft drinks directly influences enamel of the teeth. The present study is conducted to review various factors which play an imperative role in dental erosion and the techniques for investigating the erosion of enamel. Methodology: Direct and indirect methods were adopted to study the dental erosion. Measurement of weight loss was performed with/ without stirring with magnetic rods, up to 300 revolutions per minute. Further micro-indentation, nano- indentation, profilometry, micro-radiography, chemical analysis techniques were adopted followed by microscopy. Result: Dental erosion examined with three fruit juices namely lemon, orange and apple, shows that prolonged consumption of orange juice leads to more severe dental erosion in babies as compared to adults. Conclusion: Phosphoric acid, hydrochloric acid, citric acid, malic acid and tartaric acid present in the fruit juices alter the pH of the enamel leading to its erosion. Fruit juices are known to cause chelation with calcium further, contributing to dental erosion. Aim of the project This project aims to find the impact of one such consumable substance i.e. fruit juice on teeth enamel and dentine of both children and adults. Also, this project provides background information of human teeth and information about dental erosion including the factors which affect erosion. In addition, this project reviews of techniques for investigating the erosion of enamel. The anatomical composition of the human tooth varies throughout the length. This variation is attributed to the difference in thickness of enamel and presence or absence of dentin, thickest enamel at the cusp and thinnest at the borders, moreover, borders also lack dentin, blood and nerve supply. Consumption of soft drinks directly influences enamel at the borders of teeth. It is imperative to understand the factors contributing to the dental erosion in adults as well as in babies. With this motive, the present study was carried out utilizing various modern techniques for investigation to safeguard individuals form witnessing dental erosions. Discussion Dental anatomy plays a vital role in making the enamel prone to the dental erosion due to consumption of food items rich in acidic components. Under normal pH bacteria proliferate if the microbes get adhered to the leftover food particles leading to the formation of dental carries or cavities (Touger-Decker, 2003). On the other hand, eating large q uantities of fruits on a regular basis also result in irreversible loss of tooth constitution due to their dissolution by organic acids present in the fruit juices. A chemical reaction occurs between the enamel of the teeth and the organic acids present in the fruit juices resulting in the dental erosion or the acid erosion and therefore it is one of the major dental health concern (U. S. Department of Health and Human Services, 2007). A

USB device encryption. Types of USB flash drives Essay

USB device encryption. Types of USB flash drives - Essay Example Corsair flash padlock Kingston data Traveler secure Ironkey secure Flash drive Lexar jumpdrive secure II Looks like pull-off cap with Numeric pad down the front Uses 256-bit AES hardware based encryption Uses AES,CBC-mode, 128-bit encryption Uses 256-bit AES encryption Has speed of 15.9MB/sec Speed of 20.2MB/sec Speed of 18MB/sec (4GB) 15.5MB/sec Has average read rate of 15.4MB/sec Read rate of 24MB/sec Read rate 25MB/sec 15.9MB/sec Price range between $27-$39 for 1GB Price from $60 for 512MB Price $149 for 4GB and $71.50 for 1GB Price ranges $15.48 for 1GB has five numbered buttons as entry to security No minimum characters required. Generate password to about 99 characters. 32 characters for name and password I would recommend Kingston data traveler secure flash drive. This is because it is small in size thus portable. Too its password protection and its data encryption are compatible with several operating systems such as windows 2000, windows XP and Win98SE. The flash device has high speed both read and write. It durability cannot be doubted. That is why there is a five year warranty on a device bought. Data protection is the base line of this device. It has a higher security levels. Its high memory also acts as advantage to this device as privacy edition can hold up to 8GB. Computer foot print Creating a new foot print Downey and Stein have outlined how to create a new foot print. In the library manager screen first choose create new footprint. Name the footprint appropriately using an appropriate name such as ‘mybank†. Make a drawing of the outline in the zoomed window. Select save as and thereafter choose on create new library button. Create a new directory with the details about the bank accounts. Name the directory such as â€Å"library†. This has to be separate from where the layout and capture files were initially stored. Give a name to the new library file such as â€Å"homefile†. Save it in â€Å"mybank†. At last th ere are two files â€Å"homefile† that contain the foot print â€Å"mybank† Using ones EID credentials, log into foot prints of your bank. Click on the new request button that appears at the top-left corner. The incident information has then to be filled. The notes should be through so as to supply ITS with enough information for quick identification and to easily resolve the issue. The contact information is updated in the contact information. The information can be modified as it may be appropriate so as to enable contact with the ITS. The data is then saved. The updates are received through the email or by logging into the footprint system. Data on the details will be displayed in a â€Å"hours per day† and â€Å"days per month†. Time/days location ISP provider processor RAM Computer IP 10-11.00 11-12.00 12-1300 The characteristics that will help identify the computer in use will include computer’s IP address, mother board details and also the n ame accorded to it operating system. If access into footprint data is attempted either from a different computer or different way from the characteristics given, access first of all will be denied. The second option will be where one will be asked for a password before accessing the information. The last one will be where an individual must register as members to gain access. HTTPS This is a combination of hyper text transfer

Radiation Exposure from Chernobyl and Fukushima Case Study

Radiation Exposure from Chernobyl and Fukushima - Case Study Example In the case of Fukushima, an earthquake and tsunami struck the Fukushima Daiichi reactors and led to electricity loss on the site. This resulted in a momentary halt of the cooling of the fuel in the reactor cores. Hydrogen buildup in the three power plants led to an explosion. However, the amount of radiation released in Fukushima was less and could not compare to that of Chernobyl. The Japanese government explained that by reaching a â€Å"cold shutdown condition,† it showed stabilization of coolant temperature and the halt of further release of radiation from the site. Nonetheless, both accidents have health impact on the affected populations; however, the degree of the impact varies with the different radiation exposure levels in the two cases. According to (Elliott 89), the 2011 nuclear accident at Fukushima and the 1986 situation at Chernobyl are both rated 7 on the International Nuclear and Radiological Event Scale, even though these happened differently. Chernobyl regis tered the most health effects as 28 reactor staff and emergency workers, who were highly exposed to radiation, succumbed to thermal and radiation burns after four months of the accident. By the end of 2004, 19 more were reported to have lost their lives. It is also widely believed that the incident caused about 4,000 cases of thyroid cancer. On the other hand, in Japan, no deaths have been linked to the radiation exposure. The difference in radiation release in the two cases is responsible for the varying impacts. For instance, Fukushima radiation release was almost10 percent of that from Chernobyl. At Chernobyl, the explosion of the reactor led to a fire that lasted for ten days. The explosion at Fukushima was due to Hydrogen buildup and did not involve the reactors themselves (Bortz 41). In the case of Fukushima, the magnitude of harm caused by radiation exposure is uncertain, since the event is still fresh, unlike Chernobyl, which occurred a quarter century ago. Since Chernobyl i ncidence occurred years back, it has given an opportunity for medical researchers to determine the health impact of the radiation exposure. However, there are also potential health effects, which will be presented by the Fukushima radiation exposure in the future; it is just a matter of time. Most concerns arising from radiation exposure mainly base on the risk posed to the broader public. During such radiation, people outside and close to the plants inhale air that is mixed with the radiation components. The major radioactive chemical elements, which are inhaled or enter the body through food consumption include, Iodine-131 and Cesium-137. Iodine-131 has a half-life of eight days and when inhaled, concentrates in the throat. On the other hand, Cesium-137has a half-life of thirty years and can enter the body through the consumption of food, which was grown in contaminated soil. Studies today show that, the main health effect of Chernobyl, is thyroid cancer in children, who were expo sed. This is because of the ingestion of Iodine-131. Today, close to 6000 cases of thyroid cancer are attributed to Chernobyl reactor accident. Although Iodine’s radioactive decays quickly to untraceable levels, it is expected that cases of thyroid cancer will increase. This radiation exposure affected many children because Iodine is greatly absorbed and settles in the thyroid glands of children, who are still in the developmental stage. The emergency

Homework 1 Essay Example | Topics and Well Written Essays - 500 words - 1

Homework 1 - Essay Example presentative written work execution evaluations and relying upon the quantity of individuals being assessed, it can take hours to compose the divisions Performance Appraisal (PA) additionally hours meeting with staff to audit the PA. Other reason of avoiding this might be Demoralization. On the off chance that the methodology is not an average experience, it can possibly dishearten staff. The methodology needs to be one of consolation, uplifting feedback and a festival of a year of achievements. Another reason can be Conflicting Message. In the event that a manager does not keep notes and exact records of worker conduct, they may not be fruitful in sending a predictable message to the representative. We all battle with memory with as occupied as we all are so it is discriminating to archive issues (both positive and negative) when it is crisp in our personalities so we have it to survey with the worker at execution evaluation time. Biasness may also a reason to avoid performance mana gement. It is hard to keep biases out of the PA procedure and it takes an extremely organized, target methodology and an adult chief to stay fair-minded through the methodology. Execution examination rater blunders are regular for chiefs who survey execution so understanding characteristic inclinations is essential to reasonable assessments. ("Advantages and Disadvantages of Performance Management." Smart Church Management.) The main three objectives of performance management are genuinely steady crosswise over respondents, with circulation of prizes, expanding singular responsibility and enhanced money related and operational results beating the rundown. Overwhelmingly, the top test confronted by associations was that managers are not able to have troublesome execution talks. Representative view of execution as a HR methodology and poor objective setting surfaced as the second also third most noteworthy difficulties. ("EXTRACT: Performance Management."The Role of the Manager in Homework 1 Essay Example | Topics and Well Written Essays - 250 words - 1 Homework 1 - Essay Example The hatred comes from Americans trying to convert them to a better way of life, the life of democracy. However, American democracy will not work in the Middle East†¦ever. It is a different culture. We need to respect the differences, instead of trying to make the world see things the American way. Israel is another issue that can be used to attack America. Israel was not given to the Israelis. The Palestinians have been ruled by European countries for centuries before the British pulled out. The Arab countries of Iraq, Iran, Jordan, Syria, and Egypt to name a few attacked the newly formed Israel. The Israelis forced them back. The Occupied Territories were taken by Israel in a war started by their neighbors. If America did not back Israel, they would be hypocritical. America would have to look at giving back states like Texas, New Mexico, and other southern states to Mexico, if they backed the Palestinian cause. U.S. political elites feel that if the Palestinians are so miserable they should immigrate to a neighboring Arab state. The Arab states and Palestinians attacked Israel first. Israel just defended themselves is the attitude. The real reason that the U.S. is committed to Zionism and the State of Israel is it provides an ally in the Middle East. After all of the brave sentiments about freeing people and democracy, the United States has to have put their own interest first. As long as the U.S. supports Israel, the United States can influence the

Sustainable Transport and Transport Planning Assignment

Sustainable Transport and Transport Planning - Assignment Example These ever increasing numbers have raised a major concern in many local transport development offices and especially the one in Nottingham. The current innovation and construction of the Nottingham Express Transit Phase Two is something to marvel at but a question still remains, will it solve the current traffic issues? Trams have been offering reliable transportation for quite a while now and they will remain a tool of choice for the ordinary commuter. However, the dream to own a car always lingers in each commuter owing to the fact that everyone would like to be picked from their houses and taken to their destinations at their own will. The construction of the transit lines is guaranteed to reduce traffic congestion within the main city center but it does not necessarily mean that people will stop buying cars. The fact that people will always buy cars means that the local civil engineers will have to accommodate this factor while designing and implementing the construction of the t ransit lines. This means that apart from creating enough room for the trams, the engineers will also have to create enough room for the personal cars as well as commercial vehicles. ... Among the three, the problem of road maintenance takes the top spot due to the huge number of road accidents witnessed every year. Sustainable development in this sector requires the promotion of cooperation between social progress, environmental protection and economic efficiency. Recent technologies have shown us that it is however, very possible to drive around on cleaner energy such as the one used in modern electric cars all in an effort to protect the environment. Most people will agree that over-reliance on automobile is related to unsustainable urban environments. The use of vehicles is indeed one of the largest sources of pollution globally and if not controlled stands to destroy the environment that we live in (CEE, 2011). However, there exists quite a number of alternatives to automobile transport that are much safer and more reliable in terms of sustaining the environment. The use of water transport and trains is deemed to reduce the use of cars and guaranteed to provide a much faster way of moving from one point to another especially in inter-city transportation. This can also prove to be a great way to control the traffic situation in big cities apart from offering cheap and reliable transport for both small and large cargo. In as much as the construction of additional tram transit lines will bring the sought after relief, there will still be need to outsource additional means of transport to curb the rising automobile use within Nottingham. The local authorities can implement the following alternatives among others: Use of Bicycles: this is among one of the best sustainable alternatives that can actually save the city a lot of money in terms of maintenance costs and fuel prices as well as promoting green energy (Bourne, 2003). Carpooling

Cognitive Coaching Essay Example for Free

Cognitive Coaching Essay The Effects of Cognitive Coaching on Education and in Supporting Teacher Leadership â€Å"Creating a profession of teaching in which teachers have the opportunity for continual learning is the likeliest way to inspire greater achievement for children, especially those for whom education is the only pathway to survival and success† (Sumner, 2011, p. 10). Educators today are required to have a different set of skills to effectively prepare students to be global competitors in the workplace. Educators cannot make these alterations in teaching methodology and instructional delivery without support. Coaches support and encourage teachers, improve teacher strategies, promote teacher reflection, and focus on desired outcomes (Sumner, 2011). A key ingredient for improving student achievement is high quality leadership. Although leadership skills may come naturally for some, most educators need some form of practice and coaching to become high quality leaders (Patti Holzer, 2012). What is Cognitive Coaching? Cognitive coaching is a relationship that is learner-centered, where the person being coached is an active participant in their learning process. The coach is responsible for creating an environment that is sensitive to the participant’s needs, providing ample opportunity for self-reflection which enables the participant to learn from their own unique experiences. Garmston (1993) stated: Cognitive Coaching is a process during which teachers explore the thinking behind their practices. Each person seems to maintain a cognitive map, only partially conscious. In Cognitive Coaching, questions asked by the coach reveal to the teacher areas of that map that may not be complete or consciously developed. When teachers talk out loud about their thinking, their decisions become clearer to them, and their awareness increases (p. 57). The relationship that evolves through cognitive coaching is based on a journey of self-discovery for both the coach and the coached individual. The coach is equally responsible for reflecting and learning from their own experiences in an effort to providing the best guidance to the coached individual throughout their coaching relationship. If mentors are to facilitate learning of their mentees, they can best begin by being in touch with the forces in their own lives (Zachary, 2000). The learning that takes place in stages is the focal point of cognitive coaching. Cognitive coaching uses a three-phase cycle: pre-conference, observation, and post-conference. These cycles are used for the sole purpose of helping the teacher improve instructional effectiveness by becoming more reflective about teaching (Garmston, 1993). Cognitive Coaching asserts that instructional behavior is a reflection of beliefs; teachers must analyze and change their beliefs in order to change their behaviors. Coaches ask teachers to reflect on their beliefs about the classroom to facilitate making changes or improvements (Patti Holzer, 2012). Cognitive Coaching in Education The most valuable asset in the education profession is its human capital – teachers and administrators. Unfortunately, these professionals are typically given limited opportunities throughout their career to enhance their knowledge and skills enabling them to be more effective teachers and leaders. Newly hired recruits into the profession usually receive coaching for a few months during their first year of employment, but the majority will gain experience through their own trial and error. According to Patti Holzer (2012): Professional development opportunities for teachers and administrators who function in a leadership capacity are often too scarce or narrow in focus to cultivate lasting and effective improvement. Most school systems regularly provide teacher educators with just two or three days per year of professional development, typically aimed at improving literacy and mathematics scores. Effective professional development happens when the adult learner connects personally to the new learning. When educators participate in reflective practices that cultivate self-awareness, emotion management, social awareness, and relationship management, they are in a better position to deliver high quality instruction and leadership (p. 264). The education profession can benefit from implementing cognitive coaching as a way of helping teachers and administrators expand their professional development through self-observation, self-reflection, and self-feedback. An analysis of the findings from these factors will help the professional to become aware of their own self-imposed limitations. In education, coaching has traditionally supported teachers in the acquisition of knowledge, skills and abilities that target student achievement (Patti Holzer, 2012). The effects of cognitive coaching on teacher efficacy has been positively correlated to increased student performance. Sumner (2011) offers: Coaching is a key method for helping teachers improve student achievement and school culture. Much of this potential school improvement comes from educating teachers in how to be reflective about their practice and in learning how to establish an equal relationship based on mutual desire to improve. Perhaps most importantly, ―a culture of coaching improves teaching and improves student learning (p.47). While the ultimate goal of cognitive coaching is to help foster change in the thinking patterns and behaviors of the coached individual – the end result of this endeavor is improved student performance. Professional development can only work if it is focused on both student and teacher learning and a culture of support for and valuing of quality staff development is present (Sumner, 2011). Cognitive Coaching Supporting Teacher Leadership Cognitive coaching allows teachers to take ownership of their professional development by encouraging them to be accountable of their cognitive learning process. The self-reflection that is involved in cognitive coaching coupled with professional vision enables teachers to become a catalyst of change both in the classroom and beyond. Patti Holzer (2012) stated: The coaching relationship provides a safe haven for mindful attention to self-change in the areas of self-awareness, self-management, social awareness, and relationship management. It is through this individual process that the teacher and administrative leader positively impact the culture and climate of the classroom and school (p. 270). Every teacher has the capabilities to improve their knowledge and skill and cognitive coaching affords the opportunity of exploration into one’s self, challenging old beliefs and habits, emerging a better, stronger leader. Leadership is not mobilizing others to solve problems we already know how to solve, but to help them confront problems that have never yet been successfully addressed (Fullan, 2007). The reflection learned through cognitive coaching helps develop problem-solving skills as teachers examine their experience, generate alternatives, and evaluate actions. Educators need to model risk taking, open-mindedness, and continuous learning to create schools that are communities of learners (Garmston, 1993). Conclusion â€Å"Effective leaders work on their own and others’ emotional development. There is no greater skill needed for sustainable improvement† (Fullan, 2007). Cognitive coaching enables educators to develop unexplored potential, while expanding their repertoire of teaching methodologies. The implementation of cognitive coaching increases student achievement and teacher efficacy, produce higher order teacher thinking, and provides teacher support (Sumner, 2011). Great schools grow when educators understand that the power of their leadership lies in the strength of their relationships. Strong leadership in schools results from the participation of many people, each leading in his or her own way (Donaldson, 2007). Cognitive coaching is the key to educators’ unlocking their inner power to profoundly impact students’ learning.

Euthyphro And Failure Of Definition

Euthyphro And Failure Of Definition In the Euthyphro, Socrates and Euthyphro contemplate over what is piety. What makes something pious and what makes something impious, thats the question throughout the text, but it all comes down to the value of a definition. In the end its uncertain whether piety is even defined and agreed by both sides. Socrates though develops criteria of a definition and ethical values on his own in the process of questioning of piety. Socrates talks about value conflicts and whether or not there is a resolution to them. The first question asked about piety from Socrates, Euthyphro says Very well, I say that whats pious is precisely what Im doing now: prosecuting those who commit an injustice, such as murder or temple robbery (Cohen, Curd, and Reve 102). Euthyphro first claim is incomplete form of definition. Socrates rejects Euthyphros claim. Socrates says You see my friend, you didnt teach me adequately earlier when I asked what pious was, but you told me that what youre doing is pious, prosecuting you father for murder (Cohen, Curd, and Reve 103). It has to be applicable or common to all purposes, conditions, or situations, which is universal. I agree with Socrates because Euthyphros claim is more of an example, rather a definition. A book could be a cook book but you wouldnt say a cookbook to define what a book is because it wouldnt make any logical sense and frankly not universal. In order for a definition to be real, it must contain essence, the characteristic something has to happen to be that kind of thing, and a model, a standard basis of comparison. Socrates says Then teach me what the characteristic itself is, in order that by concentrating on it and using it as a model (Cohen, Curd, and Reve 103). A proper definition should have a characteristic that is used every time you define that something, and if does not contain that characteristic then it isnt that something. A model is simply just a comparison of what it is and its opposites. Euthyphro says In that case: whats loved by the god is pious and whats not loved by the gods is impious (Cohen, Curd, and Reve 103). In the beginning of text, Euthyphro mentioned that the gods quarrel therefore Socrates says And havent we also said that the gods quarrel, and differ with one another, and thats mutual hostility among them (Cohen, Curd, and Reve 103). If the gods differ, then they all dont agree. Pious can be god-loved and god-hated, because gods do differ and dont all agree. Just like human beings, gods can have conflict s and become enemies if theyre not settlement. Whats right and wrong shouldnt be determined by gods and religion because value conflicts can occur between gods or within a religion. Socrates supports my claim by saying Then the same things, it seems, are both hated and loved by the gods, and so the same things would be both god-hated and god-loved (Cohen, Curd, and Reve 104). Euthyphro says But Socrates, I think that on this point, at least, none of the gods do differ- that anyone who has unjustly killed another should be punished(Cohen, Curd, and Reve 105). Even if the gods do agree that murder is wrong, they still do disagree on something. Gods find themselves in value conflicts in which someones beliefs/ethics in right and wrong contradicts with other beliefs/ethics. When a criminal is indicted, they are not fighting whether what they did is right and wrong, they simply just denying acting unjustly. By denying to act unjustly, their simply trying to do lesser their punishment. So crates says So they dont argue that someone who acts unjustly should not be punished, though they do, perhaps argue about who acted unjustly, what his unjust action consisted of, and when he did it. The facts of the case are whats questioned and argued about in court cases. Right and wrong is not stable when it comes to opinions; people use more of their own opinions and values to determine whats right and wrong. When people relate to their own opinions of whats right and wrong, value conflicts can occur and lead to no resolution. People can believe in absolutism, which believe certain actions are absolutely right or wrong, regardless of other contexts such as their consequences or the intentions behind them. Euthyphro easily would like to accept pious and impious they way he defined it but Socrates continues to question and use logical contradiction. Just because something is agreed though doesnt make it morally right. Socrates insist though if pious is really whats god-loved and i mpious is god-hated he said Consider the following: is the pious loved by the gods because it pious? Or is it pious because its loved (Cohen, Curd, and Reve 106)? Both Socrates and Euthyphro agree that gods love pious because its pious, but yet in the earlier statement made by Euthyphro he believed whats god-loved is pious. It simply doesnt make sense because each contradicts itself and doesnt define piety. If gods love lying than its pious, if gods love murder its pious, and if the gods love anything its pious, that statement is just to abstract. Euthyphro then define piety as being holiness. What exactly makes someone holiness? The question in the texts is being questioned by another question. Holiness is believed by Euthyphro to be tending to the gods. Socrates says Then if piety is tending to the gods, does it benefit the gods and make the gods better (Cohen, Curd, and Reve 111)? What exactly does the god benefit from humans? Horse trainers tend a horse and make it faster, a far mer tends farm to grow the plants, and a dog trainer tends a dog so it can act more appropriately. Euthyphro is unable to give a clear answer to Socrates of what the gods benefit from humans but says the things that are pleasing to the gods in prayer and sacrificethose are the ones that are pious (Cohen, Curd, and Reve 112). Praying is simply asking the gods and sacrificing is giving to the gods. Socrates says So, on that account, piety would be knowing how to ask from the gods and how to give to them (Cohen, Curd, and Reve 112)? If the gods give us stuff we benefit from, what can humans possibly give them to their benefit? I believe its more of a trade, but I feel what we give them is not equal to what they give us. Socrates says Then piety, Euthyphro, would be a sort of expertise in mutual trading between gods and men (Cohen, Curd, and Reve 113). But like I said, I dont believe they can benefit from humans, and that we get the better out of the trade. Socrates brings up But how ar e they benefited by what they receive from us? Or do we get so much the better of them in the trade that we receive all our goods things from them while they receive nothing from us (Cohen, Curd, and Reve 113). Its unclear what the gods benefit from. Euthyphro says What else do you think but honor and reverence (Cohen, Curd, and Reve 113). Honor and reverence is what the gods benefit from us through trade. Pleasing the gods is simply honor and reverence, and honor and reverence being from sacrificing, piety can be claimed to be beneficial to gods. I feel there its not relevant to say what benefits someone ultimately is loved by someone, thats because my right and wrongs is more developed through opinions and values. But Socrates says So is the pious pleasing to the gods, Euthyphro, but not beneficial to them or loved by them(Cohen, Curd, and Reve 113). Euthyphro replies No, I think thats its in fact the most loved of all (Cohen, Curd, and Reve 113). Pious is now again what is loved by the gods. In previous statements, that whats loved by the gods cant be used to define piety because it contradicts itself with the presentation of conflicts. Piety is still undefined. The Euthyphro ends where it begins, with no clarification of piety. Socrates continually reject Euthyphtos claims because he applied his mind to the matter in many ways to find the truth compared and followed ethical relativism, while Euthyphro was more absolutism, in which he already established his own truth and rather then questioning, he accepted what he believed in. Throughout the text there wasnt full clarity what pious and impious. For a definition to be accurate, it has to be universal, a model, and have essence. If Euthyphro didnt know full clarity he would of never ventured to prosecute his own father. Socrates questioning lead to answers, but not the one he wanted. Socrates found out about ethical values of relativism and absolutism. People shouldnt set their right and wrongs based on gods and religions, because gods disagree amongst themselves. Socrates doesnt leave the reader with any insight on how to resolve value conflicts but gives more insi ght on understanding them and how value conflicts develop. I believe the Euthyphro is actually a value conflict. It ends with no agreement just like a conflict of value.

Personal Narrative Essay Outline

Personal Narrative Essay Outline Now that youve read and analyzed a personal narrative essay, you are going to prepare an outline for an essay that you could write. At this point, you will not go so far as to actually write the essay, but you may at the end of this unit so make sure its something you actually could write about. Step 1: Brainstorming a topic The personal narrative essay centers around a story from your own life. In your essay you will both tell the story and analyze the significance of that story. SoÂÂ   try to think of a story that led you to an important belief you have. Maybe its a belief you have about whats important in life, or a discovery you made about yourself.ÂÂ   You may brainstorm by creating a mind map or just by doing some free-writing. Either way, you will hand in your brainstorming with this sheet. Step 2: Thesis Your thesis for an essay like this is different from other thesis statements. Think of it more like a belief statement. Eg/ I believe that by exploring my own fears I become wiser. You may not use that exact wording in your essay, but it doesnt matter. You have to support your belief statement with the examples from your story but you dont have to prove it. Thesis:________________________________________________________________________________________________________________________________________________________________________________________ Step 3: Mapping out the story and thinking about how each element supports your belief. Parts of the story How it helped you develop your belief Beginning: Middle: End: Step 4: Precise and vivid language Narrative essays use many of the same techniques as short stories. Think about some precise and vivid uses of language you could include. Come up with at least three. They could include imagery, similes, use of contrast, metaphor, etc. Eg/ the tango with fear makes me wise. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Step 5: Character? Dialogue? Will you have any characters in your essay? Any dialogue? If so who? What will they say? Remember, character and dialogue is used to help you support your thesis-not just to tell the story. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Confession :: essays research papers

con ·fes ·sion   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"Forgive me Father, for I have sinned.† This simple phrase from Roman Catholic dogma conjures up images of famous Hollywood confessions and dramatizations, but the real root of the phrase has a much more obscure past. Not only found in modern Catholicism, the confession of sin, along with the confession of faith, can be seen in religious practices throughout the world. The simplest definition Webster gave the confession of sin is â€Å"a written or oral statement acknowledging guilt, made by one who has been accused or charged with an offense† (Bookshelf). However, Webster also recognizes the less thought of definition of the confession of faith as â€Å"an avowal of belief in the doctrines of a particular faith; a creed† (Bookshelf).   Ã‚  Ã‚  Ã‚  Ã‚  The double-edged meaning of the word â€Å"can be partially explained by the etymology† (Eliade 1). The word confession derives from the Latin word confiteor which means to â€Å"confess a sin or fault,† but in a more general since the word can also mean â€Å"to acknowledge or avow.† Thus, with the understanding of the Latin root, one may speak of the sinner who confesses his sin, or of the martyr who confesses his faith. Regardless of which usage is being applied, the religious rules of the confession must be followed. It must take place in front of a recipient, or one who hears the confession. â€Å"In many cases, it is preformed in the interest not only of the one confessing but also of the community to which both the confessing person and the recipient belong† (Eliade 1). With an understanding of the underlying meanings of the confession one may begin to explore the development of the phenomenon and its function in modern religion.   Ã‚  Ã‚  Ã‚  Ã‚  A common way to view the confession of sin is as one part of the entire sacrament of penance. The confession along with the elements of prayer, sacrifice, and penance lead up to the act of absolution or forgiveness ( Gentz 280). In early Christian religion the confession began as a â€Å"ritualized group avowal of sin as part of Sunday worship;† moreover, in Judaism it developed into the annual congregational confession of sins known as Yom Kippur, the Day of Atonement (Gentz 290). Both examples of early confession resemble today’s modern idea of publicly professing one’s faith and acknowledging one’s sins before a recipient, in this case being the congregation as a whole, but it wasn’t until later in Eastern and Western Christianity that the individual confession emerged.

Animal Farm, by George Orwell :: Animal Farm Essays

Manor Animal Farm   Ã‚  Ã‚  Ã‚  Ã‚  The agenda for the animals in the movie Manor Animals Farm was to be free and to role themselves. They set a list of goal or rules that every animal had to follow. The leader pig got all the animals excited and committed in the goals that were set. The animals called a meeting so that the rules could be made and made official. They all came together to brainstorm ideas about the laws that the pig listed. These steps were taken in the farm to select the rules first before enforcing them. This is the first step to planning an agenda.   Ã‚  Ã‚  Ã‚  Ã‚  Planning the agenda requires understanding what each members need to accomplish by the end of the meeting. The plan has to be straight forward as possible.   Ã‚  Ã‚  Ã‚  Ã‚  The agenda of the animals was that they could not be like humans in any way for form. They will not dress or sleep in beds because that is being human.   Ã‚  Ã‚  Ã‚  Ã‚  The changes that occurred in the farm was that the law changed because of the leadership changed. A new pig with Cruz 2 a different image controlled the animals now. The new pig had new ideas and made the animals feed into what he was dreaming. The new leader made the other pigs believe in something that way not legal in the laws that they lived by before.   Ã‚  Ã‚  Ã‚  Ã‚  The new leader pig started add and changing the words of the rules. He used the law to help him get into power and make the other animals trust him. The pig manipulated the law to his favor so the animals could make him the new leader and so that his ideas could be acted out.   Ã‚  Ã‚  Ã‚  Ã‚  The new leader changed a little of the rule that the old great leader put into writing. The changes confused the animals and questioned the new law. This change altered the agenda of the farm and made the pigs more into humans.   Ã‚  Ã‚  Ã‚  Ã‚  The climate of the first meeting was really positive. The animals were listening and singing songs because they were proud of their leader and his thoughts. The animals listen and expected the idea of the first leader because it affected them more then anything. There was no secret plans or anything. The leader helped the animals and that is what they liked about him.   Ã‚  Ã‚  Ã‚  Ã‚   Cruz3 The animals in the movie were singing and listing ever carefully. They all participated in the meeting in one way or form. Animal Farm, by George Orwell :: Animal Farm Essays Manor Animal Farm   Ã‚  Ã‚  Ã‚  Ã‚  The agenda for the animals in the movie Manor Animals Farm was to be free and to role themselves. They set a list of goal or rules that every animal had to follow. The leader pig got all the animals excited and committed in the goals that were set. The animals called a meeting so that the rules could be made and made official. They all came together to brainstorm ideas about the laws that the pig listed. These steps were taken in the farm to select the rules first before enforcing them. This is the first step to planning an agenda.   Ã‚  Ã‚  Ã‚  Ã‚  Planning the agenda requires understanding what each members need to accomplish by the end of the meeting. The plan has to be straight forward as possible.   Ã‚  Ã‚  Ã‚  Ã‚  The agenda of the animals was that they could not be like humans in any way for form. They will not dress or sleep in beds because that is being human.   Ã‚  Ã‚  Ã‚  Ã‚  The changes that occurred in the farm was that the law changed because of the leadership changed. A new pig with Cruz 2 a different image controlled the animals now. The new pig had new ideas and made the animals feed into what he was dreaming. The new leader made the other pigs believe in something that way not legal in the laws that they lived by before.   Ã‚  Ã‚  Ã‚  Ã‚  The new leader pig started add and changing the words of the rules. He used the law to help him get into power and make the other animals trust him. The pig manipulated the law to his favor so the animals could make him the new leader and so that his ideas could be acted out.   Ã‚  Ã‚  Ã‚  Ã‚  The new leader changed a little of the rule that the old great leader put into writing. The changes confused the animals and questioned the new law. This change altered the agenda of the farm and made the pigs more into humans.   Ã‚  Ã‚  Ã‚  Ã‚  The climate of the first meeting was really positive. The animals were listening and singing songs because they were proud of their leader and his thoughts. The animals listen and expected the idea of the first leader because it affected them more then anything. There was no secret plans or anything. The leader helped the animals and that is what they liked about him.   Ã‚  Ã‚  Ã‚  Ã‚   Cruz3 The animals in the movie were singing and listing ever carefully. They all participated in the meeting in one way or form.

Implications of Phone Hacking Scandal

Implications Of Phone Hacking For The Media, The Government And Other Businesses In The UK Phone Hacking – Background * Phone hacking is an on-going controversy surrounding New Corporation, it’s subsidiary News International and its newspaper, News of the World. * Phone hacking reportedly begun in 1998, with the first allegations been made in 2006, and the first major investigation in 2011. * Over 4000 potential victims, including members of the Royal Family, the family of murdered schoolgirl Milly Dowler, Gerry and Kate McCann as well as celebrities like Hugh Grant.Implications – The Media * News of the World closed down in July 2011 ending its 150 year existence. * YouGov poll found that 58% of British people have lost trust in the papers since the scandal. * TV and Radio have benefitted from the lack of trust in newspapers. * Leveson inquiry is likely to lead to much tighter regulation, with potential new legislation to enforce stricter controls in the long ru n. Implications – The Government * Government involvement with the press heavily scrutinised, particularly Andy Coulson and Jeremy Hunt. David Cameron were required to handle the phone hacking scandal and thus commissioned Lord Justice Leveson to run an inquiry. * The Leveson report, released last week found the press and wreaked ‘havoc with the lives of innocent people’. * Lord Leveson’s recommendations were for the Parliament to set up a strong, independent press regulator, cross party talks are now taking place to agree on the best way to regulate the industry and ensure freedom of the press still exists.Implications – Other Business * Not as directly implicated as the Government or the media. * Changes in security as companies and individuals are now more aware of the threat posed by hackers. * The News of the World employees charged and arrested has highlighted the importance of morals in conducting business activities. * The phone hacking scan dal along with the global financial crisis have highlighted the need for accountability and transparency in all undertakings Concluding RemarksIn the short term the onus is on the Government and press to create a new regulatory framework, potentially involving new legislation whilst protecting the freedom of the press. In the longer term the main implications will be the change in the way the press operates and the step changes made by other businesses in light of recent controversies. Opportunity For Deloitte: By demonstrating strong governance, transparency, professionalism and accountability Deloitte will be able to market themselves more attractively to new and existing clients.

Container Store’s Approach to Human Resource Management

The Fortune's list of 100 best companies to work for is a source of prestige to companies that are nominated by their employees as the best companies to work for. The Container Store which is a Dallas-based retail store emerged number 32 in the recently released 2009 Fortune list. One department to reckon with at Container Store is the human resource management which earned the company a position in the Fortune 100 best companies to work for in America. But just what is Container Store's approach to human resource management?This paper seeks to answer this question and offers conclusions about the human resource management approach used by the company. Analysis Container Store makes use of a flexible human resource structure. Their rules on employees are simple and flexible and the concept of a rulebook or manual for employees is not their way of managing people (Laabs, 2001). The company is interested in people's ability to be straight forward and eager to counter different situatio ns with flexibility and creativity.Unlike in the traditional HR system, Container Store makes use of managers and supervisors to promote motivation and staff retention since they are more closer to the employees (Laabs, 2001). There is great interaction between employees and managers in order to create freedom of expression. Even the founders Kip and Garret still frequent the store to interact with employees and help them out (Container Store, 2009).The company's employee development philosophy focuses on employee's talents and not titles letting employees make the best use of their abilities to benefit themselves and the company. Container Store puts great value on employees describing them as the greatest assets in the organization. Motivation and an enthusiastic environment are the factors that give its employees the desire to stay with the company for years (Container Store, 2009). Career development and training ensure well qualified staff for the company which is very keen on customer care.For motivation, great benefits for their employees including exceptional training, job security and attractive pay package are provided. A 40% discount on the company's merchandise, 401(k) retirement benefits, medical and dental plans for employees both full-time and part-time provide even more benefits for the employees (Container Store, 2009). From the above analysis, we can conclude that the human resource management at Container Store is employee oriented. It allows flexibility and is democratic in nature.More so it values success and the management recognizes that the employees are key to achieving this. Container Store is also keen on its employee's welfare and health. This kind of management style brings in positive outcomes in a company since the employees will often feel as contributors to the business growth. According to the vice president of operations, Beth Barret, flexibility gives employees a chance to participate in company decision making (Laabs, 2001) .This gives a sense of responsibility and is better off than using autocratic kind of management system. Allowing employees to be flexible rather than follow a certain set of laws is a motivating factor and plays a big role in defining productivity of employees. Container Store's dedication to employee motivation is a good quality in the human resource management which is aimed at encouraging employee commitment to the company. Employee benefits are a good way of not only retaining employees but also motivation which promotes productivity. ConclusionFlexibility and staff involvement in the business activities are emphasized as the key contributors of Container Store's success. The qualities of the human resource management approach used by Container Store gives a justification for why the employees nominated it as the best company to work with. Word Count: 606 References Container Store (2009). Careers for Great People. Retrieved on April 27, 2009 from www. containerstore. com Laabs , J. K. (2001). Thinking Outside the Box at The Container Store – Human Resource Management Awards. Workforce, March Issue.

Current Issues Paper and Class Handout Essay

As one of the most popular religions in the entire world, Buddism is believed to be originated by Siddhattha Gotama, also referred to as Siddhartha Gautama, 2500 years ago in Northern India (â€Å"Religious Tolerance†, 2015). More than 75% of its followers are from the Far East. Burma, Korea, Japan, China and Sri Lanka are places where Buddhism is commonly practiced (Molloy, 2010). Common Characteristics Although Buddhism is a major, strong religion on its own, it does share some similarities with other religions of the world. Hinduism is the one religion Buddhism probably shares the most similarities with. They share commonality on issues of reincarnation, enlightenment, salvation, suffering and yoga practices (Molloy, 2010). Reincarnation: the way you live presently will determine the worth of your reincarnated life. So if you live an honorable life now, you’ll be rewarded in reincarnation, vice versa. Enlightenment: both religion philosophies agree there’s no one path to achieve enlightenment. The paths are vast and can be attained through the mastering of one’s six senses. Salvation: can only be achieved individually and taking full responsibility of your own fate and the actions you take in your life. Suffering: is caused by materialism or becoming attached to things in and of the world we live in excessively. Yoga: both religions believe concentration and meditation promotes liberation and the path to enlightenment. Buddhism also shares a few similarities with Jainism. For example, each religion believes Nirvana is a state of becoming nothing, by freeing yourself from the world and rebirth. However, in state of non-being is referred to as ‘sunya’ in Buddhism and ‘moksha’ in Jainism. Modern World Challenges At the turn of the 19th and 20th centuries, new opportunities, as well as challenges, needed to be addressed by Buddhism as a religion. Cultural and religious patterns were being affected and across regions at the expense of the pre-modern Buddhist world (â€Å"Encyclopedia Britannica â€Å", 2014). Westernization began to settle in a lot of Buddhist countries due to conquests. Economic, political, cultural and religious influence from the west was becoming heavy. All across Asia the everyday life and thoughts of Buddhist communities became infused with notions of socialism and liberal democracy, modern rationalistic and scientific thinking and modern capitalistic economies. Also, Buddhism, as a religion started to reappear in communities it previously flourished many years ago. Buddhism rapidly moved into the west and prospered with new developments, which energized the Buddhism religion back in Asia (â€Å"Encyclopedia Britannica â€Å", 2014). Women In Buddhism Women have fully been permitted to participate in a religious community since the early days of Buddhism. But they were bound by restrictions, since they’ve typically been look upon as being inferior to men (â€Å"Buddhist Studies†, 2008). Discrimination within their religion is an obstacle women have consistently been faced with. In some cases nuns actually have to bow to a monk. Originally, Buddha felt allowing women to be part of the religious institutions, as ordained nuns, decreases the importance of his teachings, as well as how long his teachings would remain relevant (Sri Dhammananda Maha Thera, n.d.). Buddha restricted all ordained nuns to be subordinate to monks once he allowed them  to become nuns. In Buddhism, women continually referred to as the reason for man’s sins and the sins of the world. Often depicted as a temptress and the blame for man’s misfortunes, in Buddhism men are warned about women. Some feel being reincarnated as a man it pr obably the only way a woman will get salvation. Buddha’s radical decision to allow women into the Holy Order allowed women to show they to reach or attain enlightenment, the highest place in the religion, just as a man can (Sri Dhammananda Maha Thera, n.d.). In Buddhist communities, today women are forcibly establishing their roles. Both internationally and within the U.S., a more formal role of women within the Buddhist culture is becoming more of a reality, thanks to the nuns and teachers in Buddhism of today (â€Å"The Pluralism Project†, 2006). Social activism for Buddhist women is an important tool or creative instrument in promoting their connection with other human beings and the earth. Scholarly women are getting their messages and thoughts heard inside and outside of the classroom to inspire other women and young people of Buddhism. Women who are discovering new and innovative ways to communicate and inspire people of the Buddhism community will shape the future of Buddhism around the world. (â€Å"The Pluralism Project†, 2006). References Buddhist Studies. (2008). Retrieved from http://www.buddhanet.net/e-learning/history/position.htm ncyclopedia Britannica . (2014). Retrieved from http://www.britannica.com/EBchecked/topic/83184/Buddhism/68769/Buddhism-in-the-contemporary-world Sri Dhammananda Maha Thera, Venerable K. (n.d.). What Buddhists Believe. Retrieved from http://www.budsas.org/ebud/whatbudbeliev/227.htm The Pluralism Project. (2006). Retrieved from http://pluralism.org/reports/view/46 Religious Tolerance. (2015). Retrieved from http://www.religioustolerance.org/buddhism5.htm Molloy, Michael. Experiencing the World’s Religions. 5th ed. NY: McGraw, 2010. Print.

Copyright Law and Industrial Design Essay

Introduction The history of intellectual property law represents, in its essence a bargain between the interests of society from being able to utilize and copy innovations, and literary and artistic works, and the interest in protecting the benefit to the creator so as to stimulate further such work. Enactment of copyright legislation was not based upon any natural right that the author has upon his writings but upon the ground that the welfare of the public will be better served by securing to authors for limited periods the exclusive rights to their writings. Property rights represent the principal vehicle for enabling creators and producers to appropriate the value of their efforts. Preserving a delicate balance therefore, is of paramount importance. However, intellectual property rights have, in certain circumstances, begun to overlap and provide simultaneous or sequential protection for some inventive and creative works mainly by accretion rather than design. The traditional channeling doctrines used to determine which area protects a certain interest have had their boundaries blurred, and overlapping areas has become a phenomenon, its most prominent manifestation being the overlap of protection afforded to designs under the design laws and the copyright laws. This paper, by tracing the source and genesis of the rights afforded to industrial designs, the varying nature of the protection afforded and the rationale behind it, will attempt to argue that the conceptual separation between the protectability of copyrightable works and designs necessitates a very strict exclusion of all designs or applied art to be removed from the ambit of copyright protection. By clearing up the confusion surrounding the law of development of designs and the ambiguous nature of the protection afforded which has led to the current status of overlapping protection, the paper will present an overview of its implications and defend status quo. The Origin of Design and Copyright Stemming from the age old understanding of property rights and the entitlements carved thereto, the very basis of copyright law is to allow the creator of a work the right to enjoy the fruits of his labour and derive benefit from it. The concept of limitation, however is inherent in it, and it has been universally held that the author / artist of a work cannot enjoy the monopoly forever. This concept of a limited right is of grave importance in this paper, since the development of various strands of law is crucially linked to its limitation. Copyright law then, evolved to bestow upon the creator the right to distribute, to perform, display and to prepare derivative works based upon the copyrighted work and prohibit all unauthorized, economically significant uses of copyrighted works. Copyright law has traditionally had a ‘useful article’ exception. According to the legislative history of the 1976 Copyright Act, the purpose of excluding useful articles from copyright protection was â€Å"to draw as clear a line as possible between copyrightable works of applied art and uncopyrightable works of industrial design.† The objective of excluding useful articles was fundamentally linked to the nature of copyright itself, which protected art for art’s sake, the mere expression. The distinctive philosophy of copyright law protection applied only to art, where the sole purpose of the art was its aesthetic value and was extended only gradually, and against considerable opposition, to ‘works of art applied to industry.’ The separation of ‘beauty’ from ‘utility’ was opposed on the ground that art remained art even when applied to useful objects. But the fundamental object of the design being economic aims, it only came into its own when the industrial revolution had made it possible to reproduce useful articles in series and which then assumed the eminently practical task of increasing sales of goods on the general products market. Industrial design, made for a commercial purpose, did not qualify and were always disqualified from the wide ambit of copyright protection. It was considered appropriate to treat artistic works applied to products produced in certain industries separately from other works which enjoyed full copyright protection. For the simple reason of being applied art, being embodied in a useful article and necessitating a different approach, design law evolved from copyright as an exception for artistic designs applied to specific classes of industrial goods, or goods within particular industries. In obtaining protection, the design had to satisfy the requirements of novelty, non obviousness and creativity. Essentially given as a right to protect fabric designs, the extent of protection grew until was no requirement for registration. Now, according to the Industrial Design Act, a â€Å"’design† or an ‘industrial design’ means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye. A registered design is a statutory monopoly, of up to 25 years duration, which is intended to give protection to the aesthetic appearance, but not the function, of the whole or parts of a manufactured article. The visual impact or impression counts. The design may be applied to any of the surfaces of the article and hence, it may be the shape or surface decoration. It is the design, not the article itself which is protected by registration. Surface designs were two dimensional designs and were mostly just achieved by ornamentation and the like, and when the design involved shape and structure changes in the article, they were shape designs. To be qualified for registration, a representation of the design, a statement of novelty identifying its unique features, and the set of articles in respect of which monopoly is claimed was required to be submitted. The required level of originality for a design to qualify is disputed. While in some cases, it is only required that the design not be in existence, in other cases, creativity and aesthetic appeal was required. It would seem, however, that the latter requirement more truly reflects the incidents of the law, since the separability analysis requires that decorative features be identifiable. Design Protection: Its Rationale and Incidents Design protection law, from its very inception, attempted to provide a monopoly status to the design only with respect to a specified category of articles, and not to every object which might utilize the design. This deviation is highly significant for the purpose of this analysis, since it exemplifies one of the most fundamental distinctions between the law of design protection and copyright. From affording protection only to ornamentation of designs, the Act started to cover a new and original design for an article of manufacture having reference to some purpose of utility. The reference to ‘utiltity’ whether as an exclusionary or determinative factor in deciding legal protection for the design, play a pivotal role in the development of design law and thus, its relation and dependence upon the functional aspect of the article could not be divorced. The result of design protection to manufactured articles therefore, may be to secure important advantages in reference to a mechanical object, if these advantages should be the result directly or indirectly of the shape adopted. It is in this context that the separability analysis acquires significance. Doctrine of Separability: Unity of Art and Theory of Disocciation The mere expression of the design as an artistic work would receive protection under copyright, but where the article embodying the design did not have the sole purpose of being of aesthetic appeal alone, it became a design. Thus, only that aspect of a design which could be separated from the utilitarian aspect of the article would receive protection, otherwise the aesthetic appeal of a useful article would go unnoticed since the functionality doctrine negates the aims of copyright law. Design law protected any feature of the design which was dictated entirely by the dictates of functionality would not receive protection, since it was the creative nature of the design which was sought to be protected, and not the entire article. The unity of art theory asserts that industrial art is art; the theory of dissociation starts from the premise that industrial art is inextricably bound up with industrial products. The unity of art doctrine glossed over the affinity of ornamental designs of useful articles to industrial property, an affinity recognized by the Paris Union at the International Convention for the Protection of Industrial Property in 1883. The doctrine of separability, as developed in the context of copyright law is of great significance in this analysis. According to this, protection is afforded only to that part of the design which is separable from the utilitarian aspects of the article. When the shape of an article is dictated by, or is necessarily responsive to, the requirements of its utilitarian function, or if the sole intrinsic function of an article is its utility, the fact that it is unique and attractively shaped will not qualify it as a work of art, but if the same functionality is capable of being obtained from a different design, the design is eligible for protection. The notion that the shape of an article dictated by the requirements of its utilitarian function, should not be protectible in copyright law is accepted nearly everywhere because such protection would circumvent the strict requirements of the patent law. If there is no physical separability, the examination then moves on to whether the utilitarian and aesthetic features can be imagined separately and independently from the useful article without destroying the basic shape of the useful article. Of course, all industrial designs are â€Å"functional† in the sense that they are embodied in products that perform a function. As a matter of practical reality the design will be inexorably and intimately related to the product. The separable analysis, while useful to distinguish the actual design sought to be ornamented, cannot denigrate from the fact that the design, is meant for a specified article, and hence the protection affordable to it is intricately connected to the factum of it being embodied in an article. The Overlap Its genesis and treatment The Indian Copyright Act provides for exclusion of designs which are registrable under the Designs Act. S. 15 excludes the application of the Act to all designs registered under the Designs Act and S 15(2) states that: (2) Copyright in any design, which is capable of being registered under the Designs Act, 1911, but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his license, by any other person. The overlap between copyright and design protection which has caused so much confusion is intricately connected to the very nature of the rights afforded under each. The 1911 Act in the UK provided that all designs capable of being registered would be deprived of copyright. A design capable of registration, continued to have copyright protection, until the article using the design had been reproduced more than fifty times by an industrial purpose, at which point, only the protection affordable under the Registered Designs Act was applicable. However, this did include prints, which could not, rationally be said to not constitute an artistic work and hence, case law had to specify that the exclusionary clause did not include artistic works and prints. S. 52 of the CDPA, reproducing this notion is indicative of the tendency of the law to determine extent of protection based on whether or not the design was to be mass produced in a class of articles. It has also caused considerable confusion, especially with respect to whether, if an artistic design, meant solely as such, and hence eligible for copyright protection, but later reproduced in an article, would suffer the exclusions, or whether, its objective elements rendering it capable of being used in an article would bring it under the rubric of the exclusion. The scope of the design to be mass produced thus, played a great role in determining what protection it become eligible for, whether copyright or design, the latter more alike to patent protection. The point at which an object became ‘commercialised’, and part of industry, the terms and nature of intellectual property accorded to it changes. The main rationale of this exclusion was to limit the protection afforded under the copyrights subsisting in the design to the exact period of time design registration would have subsisted, and only those rights. A comparison of this development of the law with the law of patent reveals a similarity. While copyright subsisting in literary or artistic works, where the form of expression is sought to be protected for a term of life plus 50 years, articles which have utility attached to them, such as patentable innovations, receive protection for a shorter time limit, since the functional aspect of the article requires that monopolistic privileges be removed as soon as possible. In the development of design law therefore, a trend can be noticed. As long as a design was just that, an expression, copyright protection existed. Its materialization in a functional article created by an industrial process, reduced the term of monopolistic privileges granted to its creator. Thus, even if the protection was to the artistic design, its relation to the product cannot be divorced. A compromise The controversy surrounding the overlap between copyright and design protection and the issues within it stem from a basic confusion of the objectives behind both types of laws. Copyright law seeks to achieve the double objective of widest possible production and dissemination of original creative works and at the same time, allow others to draw on these works in their own creative and educational activities, through a scheme of carefully balanced property rights that still manages to give the authors and producers sufficient inducements to produce such work. The balance that copyright law seeks to achieve is based on a judgment about social benefit. To give greater property rights than are needed to obtain the desired quantity and quality of works would impose costs on users without any countervailing benefit to society. Concurrently, allowing one form of protection to expire, only for the article to claim protection under another regime would be a colourable devise to achieve the same object, a roundabout way to receive more protection that intended. It is for that reason that designs have to be clearly excluded from copyright law and the utilitarian theory seeks a middle ground between absolute ownership of intellectual property and none whatsoever. Over Protection or Under Protection? The duality of art hypothesis that ornamental designs were normally ineligible for copyright protection because their dependence on useful articles made them primarily objects of commerce and deprived them of the independent existence deemed a basic attribute of true works of art. The distinctive philosophy of protection that characterizes copyright traditionally protected only art, where the sole purpose of the art was its aesthetic value and was extended only gradually, and against considerable opposition, to ‘works of art applied to industry.’ The separation of ‘beauty’ from ‘utility’ was opposed on the ground that art remained art even when applied to useful objects. But the fundamental object of the design being economic aims, it only came into its own when the industrial revolution had made it possible to reproduce useful articles in series and which then assumed the eminently practical task of increasing sales of goods on the general prod ucts market. The industrial design is often seen as an analogue of the utility patent owing to its effects on commerce, and its legal status has been influenced to a certain degree by the characteristic principles of industrial property law. The very insistence on the seperability doctrine to afford protection to the design, reveals the importance of the utilitarian aspects in the paradigm of design law despite the repeated attempts to focus on the separable, aesthetic aspects of it. The consequence of this ‘functional’ aspect of industrial articles qualifying for industrial design protection is the limited term of protection afforded to it. No modern designer ignores the function of the article he shapes. Since the chief objective of those designs is industrial and commercial exploitation, the chief characteristic of designs and models, makes the Copyright Law hard to apply. The parallel tracks of design law and patent law cannot be avoided. The Copyright office of the U.S, until 1949, refused to give copyright protection to three dimensional shapes because it would come within the category of multiple commercial productions of applied arts, which, they held was only eligible for patent protection and resorting to the less stringent requirements of copyright went against that. The flexible treatment to improvements under patent law is not afforded to designs, and hence, the scope of innovation is restricted. Narrow scope of protection is necessary to avoid protecting style trends of which the protected design is a part. The indefinable relation between the art and its application means that copyright protection will end up removing much more than the expression, and also some forms of its application, which upsets the traditional bargain in intellectual property law. The Economic Ripple Traditionally, the right to copyright protection is premised on a claim that certain industrial designs are entitled to legal recognition as art in the historical sense. The economic repercussions of such recognition flow principally from the industrial character of the material support in which ornamental designs are embodied. The incidence of these repercussions upon any given system varies with the extent to which the claim to recognition as art is itself given effect. As copyright protection for designs of useful articles expands, the economic effects of this expansion on the general products market are counterproductive. This is just one of the effects. In general, overprotection results from the progressive monopolization of ever smaller aggregates of inventive activity, which elevate social costs in return for no clearly equilibrated social benefits. But the rescue of artistic of designs from the exigencies of patent law, were now converting copyright law into a de facto industrial property law without the characteristic safeguards of the industrial property paradigm. A significant effect of awarding copyright protection thus is the economic effect. An analogy from the law of patent proves this point. Patent doctrines such as the rule of blocking patents and the reverse doctrine of equivalents offer some protection to the developers of significant or radical improvements who can thereby allocate gains from their invention. Copyright doctrine however, extends to cover any â€Å"copy† or adaptation or alteration of the original that is nonetheless â€Å"substantially similar† to the original work. An important difference between copyright and registered designs is that the latter can be enforced against a third party who has not copied the proprietors design. The exclusive right conferred for designs was in the nature of a monopoly right, which means that it was infringed by another party who employed that design or one not substantially different from it, regardless of whether that other party copied from the owner or created his own registered design independently. The right is thus fundamentally different from unregistered design right and copyright for both of which copying is an essential ingredient for infringement. The fair – use exception which arises when a person uses copyrighted expression in a way that the law deems to be fair is indeterminate, and this characteristic of design law makes it even more difficult to apply it. Dynamic societies need small improvements and massive breakthroughs in art and technology to prosper. Yet it is difficult to develop incentives that can spur the less dramatic type of creativity without imposing crippling costs. For instance, subtle innovations usually generate small benefits that are exceeded even by the mere cost of administering a property rule. In addition, the margin of error for protecting these improvements is slim because their life span is so short. Esthetic designs and other marginal improvements, by contrast, have an optimal term of only a matter of months and a mistake that gives an additional six months of protection to designs creates a much greater distortion in the incentives for developing commercial art which is not the case in copyright. Conclusion The availability of overlapping intellectual property protection in all of its forms presents a serious threat to the goals and purposes of federal intellectual property policy and must be addressed as a single issue. The 1842 act, instead of re defining designs to prevent overlap, the definition was left broad but was subject to an express exclusion of all designs covered by the other Acts thereby necessitating interpretation of two acts, set a pattern carried through to the present day. The true scope and effectiveness of design law will depend on the extent to which the scope of protection it affords which is undermined by the concurrent availability of copyright protection for industrial art. If a country makes it easy for industrial art to qualify for copyright protection as applied art, designers will have less incentive to make use of a special design law and design protection will increasingly be characterized by the copyright approach, the harmful effects of which have been proved. Design laws, therefore, have to be structured so that obtaining copyright protection is difficult and most designs fall within their jurisdictional sweep. The legal history of industrial art in the twentieth century is an effort to establish special regimes of design protection without unduly derogating from the general principles of copyright law and laws should be structured that way. One should not forget that this theory was spawned by a false conflict between art and industry. By fighting for the artistic value of a shape, one has supposedly justified drawing into the orbit of copyright law a body of intellectual products that bear only an apparent resemblance to the creations covered by this regime. The evidence is persuasive that the costs of a property right outweigh the benefits. That judgment is reinforced by the observation that, notwithstanding the lack of protection afforded to commercial art, consumers already have an incredibly diverse selection of product designs from which to choose. The difficulties of interpretation caused by exclusions to exclusions to exclusion seem to be endemic to industrial design law, and the problem of overlap therefore has to be treated differently. Bibliography Books: P. Goldstein, Copyright (2nd edn., Vol 1.New York: Aspen Law and Business 2002). S. P. Ladas, Patents, Trademarks and Related Rights: National and International Protection (Harvard: Harvard University Press 1975). Laddie, Prescott, Vitoria, The Modern Law of Copyrights and Designs (3rd ed., Vol. 2, London: Butterworths 2000). B. L. Wadhera, Law Relating to Patents, Trademarks, Copyright, Designs and Geographical Indications (New Delhi: Universal Publishing Co. Pvt. Ltd 2004) M. Howe, Q.C, Russell, Clarke and Howe on Industrial Designs (7th edn., London: Sweet and Maxwell 2005). Articles: V.R. Moffat, â€Å"Mutant Copyrights and Backdoor Patents: The Problem of Overlapping Intellectual Protection† 19 Berkeley Technology Law Journal 1473 (2004). The article deals in great detail about the problems of overlapping intellectual property right protection. Beginning with an analysis of the process involved in affording protection to any intellectual property, the article describes the bargain that is struck between the society and the inventor / creator, for the better good of all, since providing protection incentivizes and after a certain period of time, the invention / creation is required to be relegated to public use in return for the subsisting monopoly. The article then describes how the problem of overlapping protection, how it is more be accretion rather than by design, helped along by the judiciary, the insidious influence of ever increasing demands, and goes on to characterize the problem of overlap, and suggests ways to stop it. P.K Schalestock, â€Å"Forms of Redress for Design Piracy: How Victims can use existing Copyright Law† 21 Seattle University Law Review 113 (1997). The article looks at the various forms of protection available to the designers of clothes, since the current framework of copyright laws in the U.S, outlaws all forms of protection for useful articles. The design of clothes could only be protectable so far as that design was seperable from the functional aspect of clothes, which, as the author proceeds to argue is an impossible task since clothese were inherently meant to be useful but the cut, shape and colour greatly contributed to its value as well. The author, reviewing design piracy in the clothing industry, explains how the advancement of technology has made this all the more worse. He points out how the existing framework fails to provide a remedy, and then provides suggestions and remedies whereby this lacunae in the law could be remedied. M.C. Broaddus, â€Å"Designers Should Strive to Create ‘Useless’ Products: Using the Useful Article Doctrine to Avoid Separability Analysis† 51 South Texas Law Review 493 (2009). The article deals in detail with the irony of the inability of intellectual property law to afford protection to useful articles. It deals in detail with the evolution of the separability doctrine, its variants, and the judicial treatment of the same. It starts with a brief description of the history of the development of the law of industrial designs, the lacunae that existed previously due to the refusal of copyright law to recognize the applied art in industrial articles, and the need for protection of the art in those articles nevertheless. It discusses cases in which the separability has been in question and shows how, judicial discretion in having to make this distinction is actually leading to the judiciary making decisions about what constitutes art and what does not. Hence, the article suggests some differential means of analysis to avoid this confusion. A. Muhlstein, M.A. Wilkinson. â€Å"Whither Industrial Design† 14 Intellectual Property Journal 1 (2000). A seminal article on the development of the law of industrial designs, it provides a thorough overview of the genesis of the law, problems faced in its historical development and its current status. It situates the problem of overlap in the historical context and demonstrates linkages. The article does a comprehensive study of the current legal systems in place to protect industrial designs, identifies the elements within them and situates them in the larger paradigm of intellectual property law to understand the origin of the rights better. It also briefly survey the international framework in place to deal with industrial designs, the compromises sought to be reached and the harmonizing measures so far undertaken to afford protection to industrial designs. Dr. Ramesh, â€Å"Registration of Designs: Need a Fresh Look† 32(1&2) Indian Bar Review, 83 (2005). The article does a brief review of the need to protect industrial designs, about the intrinsic value of a useful good which also looks attractive and appealing and the economic benefits to be derived from it. It gives a historical perspective of the development of design law and the requirements of the law as it currently stands. It gives a short description of the application procedure, and then, by drawing a linkage between the objective of the law and the rights given it reviews the remedies for infringement and analyses whether they are adequate or not. It also points out some flaws in the existing design protection framework in India and makes a very good argument for such flaws to be corrected. S.H.S. Leong, â€Å"Protection of Industrial Designs as Intellectual Property Rights† Journal of Business Law 239,243 (2003). The article essentially deals with the development of the law of industrial designs in Singapore, and it does this by comparison with the English Law. It gives a short description of the transitory changes from the 1842 Act to the 1911 Act, then from the 1956 Act to the 1976 Act in Copyright, and demonstrates how needs of the particular time resulted in the changes embodied in these different laws. It also talks about the necessity of laws like the Unregistered Designs Act, Community Designs Act etc, as available in Europe, so that designs which are not judged to be ‘aesthetically appealing’ but which nevertheless contribute to the value of the product, are protected. It discusses the possibility of shapes being protected under trademark law and patent law, and concludes that a separate law to deal with designs is very necessary. E. Setliff, â€Å"Copyright and Industrial Design: An â€Å"Alternative Designs Alternative† 30 Columbia Journal of Law and the Arts 49 (2006). The article, by a brief review of the historical development, points out how crucial the separability doctrine has become, due to the traditional reluctance of Court to recignise applied art as having artistic value. The article argues vehemently at such an assumption. It argues that industrial design actually embodies aesthetic expression to a much greater extent than function. Although its primary purpose might have been to make the products of industry more commercially successful by changing, and even disguising, their aesthetic appearance, its artistic value cannot be denigrated from. It critics some of the literature thus far which celebrates the lower quality of the work in designs, and explains why the separability of the design has become problematic specially because it depends on the court’s subjective notion of what constitutes â€Å"art† who go by traditional choices and the author demonstrates the dangers of this approach. G. Scanlan, S. Gale, â€Å"Industrial Design and the Design Directive: Continuing and Future Problems in Design† Journal of Business Law 91 (2005). This article examines the impact of the overhaul of EC industrial design law on English intellectual property law. It starts out by considering the policy behind the Council Directive. It traces all laws relating to protection of industrial designs in the European context and reviews as to how the directive changes it. It reviews changes to the definition of design, the requirements for novelty and individual character, the relationship between copyright, registered and unregistered designs, the differing treatment of works of artistic craftsmanship and artistic works per se, the treatment of applied designs and the abolition of the compulsory licence regime. On the whole, although the directive, in achieving its stated purpose of harmonizing laws, was forced to be selective in its changes, it nevertheless has a much desired effect. J.H. Reichman, â€Å"Design Protection in Domestic and Foreign Copyright Law: From the Berne Revision of 1948 to the Copyright Act of 1976† Duke Law Journal 1143 (1983). This article attempts to study the complex interactions of the different branches of intellectual property law that seek to regulate the degree of protection to be accorded ornamental designs of useful articles. A circular pattern, the article argues, can be discerned in the treatment of these designs in both foreign and domestic law. The tendency of industrial property law to breed still further instances of underprotection or overprotection then fosters renewed pressures for the regulation of industrial art within the framework of the laws governing literary and artistic property. It uses an extremely detailed analysis of the law in the U.S.A to explain the disjunct. The article also compares the tradition of protection of industrial designs in France, German, the Beneleux countries, and provides a thorough overview of the variety of doctrines that have had a role to play in the current state of law relating to designs. It also, looks at policy objectives, the commercial features of the current legal status, some amendments proposed and the effect of those amendments as well. Umbreit, â€Å"A Consideration of Copyright† 87 University of Pennsylvania Law Review 932 (1939) A foundational work on the development of copyright law, the article gives a very detailed analysis of the components of the protection afforded by copyright, and what works would necessarily qualify for the protection. It focuses extensively on the idea / expression dichotomy in the law of copyright and demonstrates how this demarcates the boundary of copyright protection. The elements of copyright, as described in this article, is highly demanding of the qualities of originality and creativity, and it traces the link from the policy objectives of affording any kind of protection to such artistic work at all, to the categories of creative work considered generally to be within its scope. C. Thompson, â€Å"Not such a Crafty Corkscrew? Sheldon v. Metrokane and the Status of ‘Industrial Designs’ as Works of Artistic Craftsmanship Under Australian law† 26(12) European Intellectual Property Rights Review 548 (2004). A case comment on Sheldon v Metrokane, the article gives a definitive analysis of the exact link between the utilitarian aspects and the design aspects of an article. While the protection is sought to be afforded to the design aspects alone, how this conceptual separability was treated in Sheldon was reviewed. The article also cited some interpretations of the case, which, it viewed as misplaces and suggested a differing analysis of the opinion. S.W. Ackerman, â€Å"Protection of the Design of Useful Articles: Current Inadequacies and Proposes Solutions† 11 Hofstra Lew Review 1043 (1983). It illuminates the policies underlying copyright law, and argues that protection should be extended to the design of useful articles. It contrasts the extent of protection provided by the copyright system with that of the patent system and by a comparison of the amount of effort required on the part of the inventor / author to trigger the protection, conludes that such protection is hardly sufficient. The design of useful articles seems to fall in between these systems, and hence is left largely unprotected.It surveys case law, the danger of judicial discretion and suggests a hybrid theory of patent and copyright to protect designs sufficiently and justifiably which encourage the creation of designs by providing rights to protect against commercial exploitation but not extending those rights to the utilitarian features of the protected article. J.C. Kromer, â€Å"Claiming Intellectual Property† 76 University of Chicago Law Review 719 (2009). The article explores the claiming systems of patent and copyright law with a view to how they affect innovation. The object of this article is to trace the law relating to improvements, in juxtaposition with the stated objective of law of intellectual property rights to achieve the maximum social good. The article approaches the subject from the inventor’s perspective and examines whether the current system of protection of improvements in speech is fair. While patent requires patentees to articulate by the time of the patent grant their invention’s bounds, thus effectively allowing all improvements not within such bounds, copyright law only requires the articulation of a prototypical member of the set of protected works. The law relating to improvements in designs also, follows a similar pattern. All substantially similar works, therefore, could be held as infringement. Copyright therefore, allows far less improvement and deviation from the protected product as allowable than patent, where, anything outside the specified bounds was allowable. J.P. Mikkus, â€Å"Of Industrious Authors and Artful Inventors: Industrial Works and Software at the Frontier of Copyright and Patent Law† 18 Intellectual Property Journal 174 (2004). The article first examines the protection granted by copyright law for functional works typically found in an industrial environment. The article then explores the challenges of copyright protection for the non – literal aspects of computer software and problems faced by inventors and software developers when obtaining patent protection in relation to software. The article criticizes current status of law relating to copyright and patents, in that creative work related to industrial purposes does not get adequate protection in either of the regimes since they show limited openness to intangible products of industry. The critique thus, necessarily involves analysis of the level of originality that an invention / work is required to possess to qualify for protection and exposes anomalies in that regard. W. M. Landes, R. A. Posner, â€Å"Indefinitely Renewable Copyright† 70 University of Chicago Law Review 471 (2003). The article examines the economic rationale of limiting copyright and patents. While the nature of patents is such that the expiration of the rights is a necessary evil to increase the social good, copyright, the article argues, should be afforded for an even longer period of time in the absence of any strong reason not to. In this context the article makes a difference between perpetual copyright and indefinitely renewable copyright. Although the latter concept could turn into the former under very specialized conditions, the article argues that the resulting benefit accruing to the author / artist is much greater than societal loss, and attempts to prove this hypothesis by some statistical evaluations. It points out that works in the ‘public domain’ do not always get negatively affected when copyright protection is expanded, since the greater incentive would spur further creativity. T. Scassa, â€Å"Originality and Utilitarian Works: The Uneasy Relationship between Copyright Law and Unfair Competition† 1 University of Ottawa Technology Law Journal 51 (2004). This article deals with the problem of protection afforded to utilitarian, creative works from a competition perspective. It examines the concept of â€Å"originality† in light of the shifting purposes of copyright law and of the historical relationship of utilitarian works to copyright law. It emphasizes on the overwhelming role that then judiciary in Canada has played in allowing copyright protection for utilitarian works, and this has resulted in a constant swing in the status of the law. It argues that, protecting utilitarian works by copyright has reusled in a loweing of the originality creativity threshold in copyright, which in turn has changed the character of copyright law in some instances and hence creates competition distortions. The problem the article argues, lies in the tension between copyright and unfair competition, primarily in relation to utilitarian works and this results in counterproductive pressures. P. Borderland, â€Å"Where Copyright and Design Patent Meet† 52 Michigan Law Review 33, 43 (1953). This article deals with the fundamental conflict that the protection of industrial artistic design embodies in the paradigm of the law of intellectual property rights. It points out that copyright and patent are basically supposed to protect very different things.The concept of industrial designs, thus, creates an overlap leading to a borderland issue between copyright and patent areas. The paper explores the issues within this boundary confusion, giving attention to the policy considerations involved and attempts to give suggestions towards drawing a sharper boundary between the two. The article theorises that in such a hypothesis, designs would fall more into the realm of patent than copyright, although having unmistakable copyright features. J.H. Reichman, â€Å"Legal Hybrids between the Copyright and Patent Paradigms† 94 Columbia Law Review 2432 (1994) A detailed and comprehensive review of the development of law of intellectual property, the article describes the bargain that is truck in both patent and copyright paradigms and the delicate balancing of interests sought to be achieved. It uses the Paris and Berne Conventions as a starting point, and, working backwards from there demarcates the area of copyright and patent laws. The most prevalent of the hybrids between the two is the existence of commercial designs, and by a thorough analysis of the objectives of law of intellectual property rights, the rights that can be afforded to be protected, concludes that design protection does not fall seamlessly into the copyright paradigm. In this context, it also talks about the law relating to improvements, the necessity of the law, problems facing it and possible solutions. P.J. Saidman, â€Å"The Crisis in the Law of Designs† 89 Journal of the Patent and Trademark Office Society 301 (2007). The article does a very thorough analysis of the functionality doctrine which has led to so much confusion. Firstly, it attempts to dispel some misconceptions, such as the allegation that artistry must necessarily be useless to qualify for copyright protection. Commenting on the lacunae in the current structure of design laws, the article states that the judicial trends in determining whether or not the functionality and separability test are fulfilled has resulted in the meager forms of protection available to industrial designs weaker than ever. The article suggests that the judicial principle currently in existence in the U.S are flawed, operating upon a narrow understanding of copyright law, and by a comparison with the European system, advocates that the system be employed in the U.S as well. M.A. Lemley â€Å"The Economics of Improvement in Intellectual Property Law† 79 Texas Law Review 989 (1997). This article deals with the crisis in intellectual property law of attempting to protect improvements while discouraging imitation. The law must distinguish between improvement, a necessary part of innovation, and generally to be encouraged, and imitation, which is generally considered both illegal and even immoral. This distinction, the article points out, is not easy to make, but it is critical to achieving the proper balance of intellectual property rights. Allowing too much imitation will stifle the incentives for development and commercialization of new products. Discouraging improvements on the other hand will freeze development at the first generation of products. The article carries out a thorough economic analysis of the issues involved, and proposes alternative models to make the boundary between imitation and improvement clearer and leave less to the discretion of the courts. N. Snow, â€Å"Proving Fair Use as a Burden of Speech† 31 Cardozo Law Review 1781 (2010). The article deals with the fair use exception in copyright law. It traces the origin of the exception in copyright law, and explains the problems that the flexible doctrine is fraught with. Through a detailed analysis of case law, the article points out the extent of judicial discretion that the doctrine allows. The article evaluates the fair use exception in the context of free speech, and argues that the current judicial trend of requiring defendants to prove that they had used material which were not protected in their expres sion is chilling free speech. G.N. Magliocca, â€Å"Ornamental Design and Incremental Innovation† 86 Marquette Law Review 845 (2003). This article makes an interesting study of the origin and development of design protection law, it analyses the reasons for its slow advancement, the initial reluctance, the controversies and borderline issues that has surrounded the law. Commercial artistry, thus, was more of a problem than it was worth, leading to its neglect for nearly 200 years. The article provides an overview of the political scenario which also created difficulties, deeming designs to be part of the public domain. This Article concludes that there are sound public policy reasons against extending a property right to most commercial art and explores other ways to promote design innovation and since commercial designs occupy a unique position in the law sitting at the confluence of patent, copyright, and trademark doctrine, the article suggests that an ideal solution would require a revamping of the entire existing structure going towards a unified picture of intellectual property law. It also concludes that the economic costs with giving more protection to designs far outweighed the benefits. Table of Cases English Cases Dastar Corp. v. Twentieth Century Fox Film Corp The plaintiff sought trademark protection for its World War II video series that had been, but was no longer, protected by a copyright. The Court denied the trademark claim, in part because allowing trademark protection in this case would conflict with copyright law, creating a species of perpetual copyright. The Court termed this perpetual protection a â€Å"mutant† copyright and held that to permit trademark protection following the expiration of a copyright would infringe upon the public’s â€Å"right to copy† an expired copyright. The Court made an analysis of the bargain that is involved in the protection of any intellectual property right and held that allowing such mutation from one form of intellectual property protection to another would completely defeat the very purpose of the bargain and become counterproductive. Millar v. Taylor 98 Eng, Rep. 201, 4 Burr. 2303 (K.B. 1769). This was one of the first judgments concerning copyright in the history of English law. It concerned infringement of the copyright on James Thomson’s poem, â€Å"The Seasons† by Robert Taylor, and the booksellers won a favorable judgment. The judgment is significant for its recognition of property rights in a literary work for the first time. Sheldon and Hammond Pty Ltd v. Metrokane Inc [2004] F.C.A. 19. After the expiry of Le Creuset’s patent for a lever-action corkscrew, Metrokane engaged a designer to design a new corkscrew with the mechanics of le creuset but with greater aesthetic appeal, and beauty resulting in the rabbit corkscrew. The case involved a challenge of copyright infringement of Metrokane’s modified model,which they alleges was artistic craftsmanship for which drawings existed. The case is significant for its ruling that, even though some beauty was added to the corkscrew by fashioning a new encasement, the primary purpose remained commercial and hence protection could not be obtained. Only the encasement was attractive, and although conceptually separable, the good relied on the mechanism which was in the public domain. Copyright protection to the entire corkscrew, was therefore, denied, since the encasement alone did not qualify for protection due to the design copyright overlap. Kieselstein-Cord v. Accessories by Pearl, Inc. 632 F.2d 989 (2d Cir. 1980). A jewelry designer obtained copyright registrations for a line of decorative belt buckles inspired by artistic works. The designs became successful and were eventually copied by another company.The designer sued for copyright infringement and the company countered with the argument that the belt buckles were not appropriate copyrightable subject matter because they were useful articles. The Court used the separability doctrine to award in favour of the plaintiff. It came up with the novel concept of focusing its analysis on the â€Å"primary† and â€Å"subsidiary† portions of the useful articles and held that since they were conceptually separable, in that the primary ornamental aspect of the buckles is conceptually separable from their subsidiary utilitarian function, it was entitled to protection. PHG Technologies, LLC, v. St. John Companies 459 F.Supp.2d 640 (2006). At issue in this case were design patents claiming an ornamental design for a label pattern for a medical label sheet. The Court replaced its own prior test for functionality with a new one which requires a court to assess the utility of the proffered alternative designs and determine whether the chosen design best achieves the functional aspects of the article. If it does, then presumably the design choice was made for functional reasons, and any resulting design patent is invalid. In other words, the designer is penalized in the event that their best design choice also happens to lend itself to even marginally increased utility over the design alternatives. The final verdict went againt the plaintiffs in this analysis. Indian cases Samsonite Corporation v. Vijay Sales 73 (1998) DLT 732. The case concerned the alleged infringement of the plaintiff’s design rights in suitcases. The plaintiff alleged that one series of suitcases had been specially designed and surface embellishment chosen for the System 4 Range. The plaintiff’s claimed copyright in the drawings and said that the defendant, stocking a similar type of suitcase from VIP, had infringed upon the copyright and had indulged in the tort of passing off. The court however, first ruled that if any intellectual property subsisted in the cases, it was in the nature of a design right, taking note of S. 15 of the Copyright Act. Secondly, the Court held, enough identifying factors had been used with the series for a normal public acquainted with two famous brands to be impressed by the difference, and hence passing off could not also be claimed. Microfirms Inc. v. Girdhar and and Co and Ors 128 (2006) DLT 238 The plaintiff in this case claimed copyright infringement in respect of designs on the upholstery manufactured and marketed by the plaintiff. An allegation of copying and of passing off was also made. The court rules that, a requirement of registration under the deigns act did not preclude the protection of copyright. If design law was not applicable, civil remedies through copyright would still be available normally. But in this case, since the design’s attractiveness derives from the article in which it is embodied, copyright protection could not be afforded, and S 15 of the Copyright Act expressly delegated designs capable of registration to the area of the design act. Hence, the claims could not stand, since no copyright subsisted. AGA Medical Corporation v. Mr. Faisal Kapadi and Anr 103 (2003) DLT 321. The plaintiff in this case was a pioneer in trans cathartic technologies. Several drawings made for the manufacture of some cathartic devices were registered under copyright in the U.S. The defendant here was alleged to have attempted passing off, and releasing brochures depicting the exact same product using the exact same shape. The Court ruled against the plaintiffs, finding that even if copyright did subsist in the drawings, the minute they were converted into three dimensional products they lost that right by virtue of S. 15 of the copyright Act. The difference between two dimensional and three dimensional reproduction was elaborated on, and the Court gave a very definitive analysis of S. 15(2) and rules that the plaintiff did not have copyright in the drawings, and since the three dimensional objects could not be said to completely copy the plaintiff’s production, no right was infringed. ——————————————– [ 2 ]. P. Goldstein, Copyright 1:35 (2nd edn., Vol 1.New York: Aspen Law and Business 2002). [ 3 ]. Ibid at 1:44. [ 4 ]. V.R. Moffat, â€Å"Mutant Copyrights and Backdoor Patents: The Problem of Overlapping Intellectual Protection† 19 Berkeley Technology Law Journal 1473, 1474 (2004). [ 5 ]. Millar v. Taylor 98 Eng, Rep. 201, 4 Burr. 2303 (K.B. 1769). [ 6 ]. Supra note 1 at 1:10. [ 7 ]. P.K. Schalestock, â€Å"Forms of Redress for Design Piracy: How Victims can Use Existing Copyright Law† 21 Seattle University Law Review 113, 117 (1997). [ 8 ]. M.C. Broaddus, â€Å"Designers Should Strive to Create ‘Useless’ Products: Using the Useful Article Doctrine to Avoid Separability Analysis† 51 South Texas Law Review 493, 494 (2009). [ 9 ]. S. P. Ladas, Patents, Trademarks and Related Rights: National and International Protection 828 – 35 (Harvard: Harvard University Press 1975). [ 10 ]. A. Muhlstein, M.A. Wilkinson. â€Å"Whither Industrial Design† 14 Intellectual Property Journal 1, 10 (2000). [ 11 ]. Ibid at 11. [ 12 ]. 35 U.S.C.  § 171 (1976). [ 13 ]. First copyright act passed in 1709, and in 1787, the first designs act which was passed aimed to give very little copyright protection to those engaged in the arts of designing clothes and those who designed or procured new and original designs for these types of goods obtained the sole right of reprinting them for two months. The protection of designs was considered to be a part of copyright. [ 14 ]. Dr. Ramesh, â€Å"Registration of Designs: Need a Fresh Look† 32(1&2) Indian Bar Review, 83, 85 (2005). [ 15 ]. The designs covered during the historical development of the law of designs were of three types: Pattern or print to be worked on or worked into a tissue or textile fabric, modeling, casting, embossment, chasing, engraving or any other kind of impression or ornament, shape or configuration of any article of manufacture. Design law therefore, sought to protect both shapes and surface decoration. [ 16 ]. E. Setliff, â€Å"Copyright and Industrial Design: An †Å"Alternative Designs Alternative† 30 Columbia Journal of Law and the Arts 49, 61 (2006). [ 17 ]. S.W. Ackerman, â€Å"Protection of the Design of Useful Articles: Current Inadequacies and Proposes Solutions† 11 Hofstra Lew Review 1043, 1061 (1983). [ 18 ]. S.H.S. Leong, â€Å"Protection of Industrial Designs as Intellectual Property Rights† Journal of Business Law 239,243 (2003). [ 19 ]. Supra note 16 at 1053. [ 20 ]. Supra note 9 at 18 [ 21 ]. Supra note 15 at 52. [ 22 ]. There were many who had vested interests in the system which would afford some protection for industrial designs against copyists. The result was that when the Copyright, Designs and Patents Act was passed in 1988, an attempt was made to draw a boundary between copyright and registered designs and to exclude functional designs from copyright protection, but also a new type of monopoly, design right was created. It covers functional designs and was reminiscent of the design protection for articles having some purpose of utility. [ 23 ]. Laddie, Prescott, Vitoria, The Modern Law of Copyrights and Designs 1891 (3rd ed., Vol. 2, London: Butterworths 2000). [ 24 ]. Mazer v. Stein, 347 U.S. 201 (1954) [ 25 ]. Supra note 6 at 117. [ 26 ]. G. Scanlan, S. Gale, â€Å"Industrial Design and the Design Directive: Continuing and Future Problems in Design† Journal of Business Law 91,97 (2005). [ 27 ]. J.H. Reichman, â€Å"Design Protection in Domestic and Foreign Copyright Law: From the Berne Revision of 1948 to the Copyright Act of 1976† Duke Law Journal 1143, 1181 (1983) [ 28 ]. K.B. Umbreit, â€Å"A Consideration of Copyright† 87 University of Pennsylvania Law Review 932, 933 (1939); [ 29 ]. Supra note 26 at 1177. [ 30 ]. PHG Technologies, LLC, v. St. John Companies 459 F.Supp.2d 640 (2006). [ 31 ]. 21 Fed. Reg. 6024 (1956) repealed, 43 Fed. Reg. 966 (1978), 37 C.F.R. 966 (1978) [ 32 ]. C. Thompson, â€Å"Not such a Crafty Corkscrew? Sheldon v. Metrokane and the Status of ‘Industrial Designs’ as Works of Artistic Craftsmanship Under Australian law† 26(12) European Intellectual Property Rights Review 548, 554 (2004). [ 33 ]. Sheldon and Hammond Pty Ltd v. Metrokane Inc [2004] F.C.A. 19. [ 34 ]. Kieselstein-Cord v. Accessories by Pearl, Inc. 632 F.2d 989 (2d Cir. 1980). [ 35 ]. Supra note 25 at 94. [ 36 ]. S 22(1) provided that when a design was registered, it would not be an infringement of the corresponding copyright to do anything which was an infringement of the design registration, or, after it expired, would have been if it had not expired. [ 37 ]. B. L. Wadhera, Law Relating to Patents, Trademarks, Copyright, Designs and Geographical Indications 491 (New Delhi: Universal Publishing Co. Pvt. Ltd 2004). [ 38 ]. Supra note 22 at 1910. [ 39 ]. M. Howe, Q.C, Russell, Clarke and Howe on Industrial Designs 238 (7th edn., London: Sweet and Maxwell 2005). AGA Medical Corporation v. Mr. Faisal Kapadi and Anr 103 (2003) DLT 321. [ 40 ]. Supra note 16 at 1044: Microfirms Inc. v. Girdhar and and Co and Ors 128 (2006) DLT238 [ 41 ]. Supra note 38 at 259. [ 42 ]. J.C. Kromer, â€Å"Claiming Intellectual Property† 76 University of Chicago Law Review 719, 731 (2009). [ 43 ]. J.P. Mikkus, â€Å"Of Industrious Authors and Artful Inventors: Industrial Works and Software at the Frontier of Copyright and Patent Law† 18 Intellectual Property Journal 174, 194 (2004). [ 44 ]. Copyright law presupposes that, absent subsidies, creators will invest time and resources only if assured of property rights that will enable them to control and profit from it, but it also recognizes that creative efforts necessarily build on the creative efforts which precede them, and hence must be allowed to draw on copyrighted works for inspiration and education. [ 45 ]. Supra note 1 at 1:40. [ 46 ]. Dastar Corp. v. Twentieth Century Fox Film Corp 539 U.S. 23 (2003). [ 47 ]. W. M. Landes, R. A. Posner, â€Å"Indefinitely Renewable Copyright† 70 University of Chicago Law Review 471, 475-76 (2003). [ 48 ]. T. Scassa, â€Å"Originality and Utilitarian Works: The Uneasy Relationship between Copyright Law and Unfair Competition† 1 University of Ottawa Technology Law Journal 51, 60 (2004). [ 49 ]. 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Magliocca, â€Å"Ornamental Design and Incremental Innovation† 86 Marquette Law Review 845, 848 (2003). [ 64 ]. Supra note 3 at 1476. [ 65 ]. Supra note 15 at 53. [ 66 ]. Supra note 59 at 313. [ 67 ]. Supra note 26 at 1160. [ 68 ]. Supra note 62 at 847. [ 69 ]. Supra note 38 at 270.