Friday, August 21, 2020
Money and Power Dont Bring Happiness Essay -- Happiness Essays
Conceptual Do individuals who live in progressively created and wealthier nations discover more bliss than individuals in lesser created nations? This paper breaks down the consequences of satisfaction between two arrangements of nations that fall on inverse sides of the industrialization and democratization scale. The outcomes show that individuals between the two arrangements of nations are similarly cheerful. It additionally shows that individuals in the two arrangements of nations likewise are similarly prone to be upbeat when discovering things like family or companions significant. For reasons unknown, satisfaction has little to do with GDP or riches salary of oneââ¬â¢s nation. In the second piece of the investigation, joy doesn't change much as a nation industrializes. The creator investigates the point to industrialization and democratizing given one of the primary objectives of government ought to be joy of their kin. Audit of the Literature It is a by and large acknowledged thought that when nations industrialize, they improve day to day environments for everybody in the nation above all the rustic poor. Britian was the primary nation to industrialize longer than a century back, presently every nation that desires to follow Britianââ¬â¢s model must utilize more state mediation. Assets and laborers must be moved from country horticulture to urban life in manufacturing plants. This hypothesis is known as the Gerschenkronian aggregate dillema and proposes that nations should need to industrialize and do it rapidly with government pressure. Alongside more state intercession in the local markets, industrialization additionally incorporates opening up a nations markets to universal unhindered commerce. Hypotheses presented hundreds of years prior by Adam Smith and other neoclassical financial specialists express that nations will have the option to build riches and gross do... ... of Gandhi. This discourse mirrors a portion of the perspectives on Gandhi, himself, for example, the absence of requirement for material things. In general, this discourse lights up the possibility that individuals must discover internal joy and depend less of the material world around them to get by. http://www.prosperity.com/#!/(thriving record) This post discusses the various nations they have examined consistently. They utilize a ââ¬Å"prosperity indexâ⬠by Legatum Institute to make sense of and rank the various nations on the planet. This file positions nations as indicated by economy, wellbeing, individual flexibility and so on. The file shows that little nations like (Norway) can be little and not all that grew yet have cheerful individuals. It demonstrates that bliss isn't accomplished by working more hours yet by having more hours with dear loved ones. http://www.worldvaluessurvey.org/wvs.jsp
Thursday, July 9, 2020
TMDSAS Application Tips That Will Get You Accepted!
Stressed about navigating the murky waters of medical school applications? Worried you might not have what it takes in such a competitive environment? At Accepted, we get it, and are here to guide you through the different application processes and hopefully admission to your dream school. If you plan to apply to any of the medical schools in Texas, you will be required to complete the Texas Medical Dental Schools Application Service (TMDSAS), which allows you to apply to all 10 medical schools in the state. The guidelines for completing the TMDSAS application are dramatically different from the other medical school applications, AMCAS and ACCOMAS, so let us help you through the process and achieve your goals with our Quick Guide to Acing the TMDSAS Application. The application opens on May 1, so now is the time to start preparing! For 25 years, Accepted has helped business school applicants gain acceptance to top programs. Our outstanding team of MBA admissions consultants features former business school admissions directors and professional writers who have guided our clients to admission at top MBA, EMBA, and other graduate business programs worldwide including Harvard, Stanford, Wharton, Booth, INSEAD, London Business School, and many more.à Want an MBA admissions expertà to help you get Accepted? Click here to get in touch!
Tuesday, May 19, 2020
Russian Folklore Baba Yaga as a Symbol of Mother Nature
Russian folklore plays an important role in contemporary Russian culture. Children learn folktales from a very early age and are taught folk sayings and proverbs, songs, and myths. While the most well-known manifestations of Russian folklore are folktales, there are many others, including Russian myths (bylina), the short funny songs called the chastushka, and various riddles, fantastical stories (nebylitsa), sayings, lullabies, and many more. Key Takeaways: Russian Folklore Russian folklore comes from the Slavic pagan tradition.Main themes of Russian folklore include the journey of the hero, the triumph of kindness and humble attitude over the clergys arrogance, and the dual nature of Baba Yaga, who initially symbolized Mother Nature but was depicted by Christians as a scary creature.Main characters of Russian folktales are Baba Yaga, Ivan The Fool or Ivan The Tsarevich, the Bogatyrs, and the Hero, as well as various animals. Origins of Russian Folklore Russian folklore has its roots in the Slavic pagan traditions. Long before Russia adopted Christianity in the 10th century, folk tales, songs and rituals existed as an established art form. Once Christianity became the official religion in Russia, the clergy did all it could to suppress folklore, worried that it was too pagan at its core. As the members of the clergy were often the only people who knew how to read and write, there was no official collection of folklore until the 19th century. Until then, only haphazard collections were made in the 17th and 18th centuries by foreign enthusiasts interested in Russian culture. In the 19th century, an explosion of interest in folklore resulted in several collections. However, the oral lore underwent significant editorial changes as it was being written down, and often reflects ideas that were prevalent in the 19th century. Themes and Characters of Russian Folklore The Hero The most common theme of Russian folktales is that of a hero who most often came from the peasant social class. This reflects the fact that folklore originated among the peasants and described themes and characters that were important to the common people. The hero was usually humble and clever and was rewarded for his kindness, while his opponents, usually of higher social standing, were often portrayed as greedy, stupid, and cruel. However, whenever the Tsar appeared in a tale, he was most of the time presented as a fair and just father figure who recognized the true value of the hero and rewarded him accordingly. This is an important point in Russian folklore, as it has remained a big part of the Russian psyche in modern times. Failings of various officials are often blamed on their greed and stupidity, while the current ruler is considered to be unaware of what is going on. Open book illustration russian fairy tale. iStock / Getty Images Plus Ivan the Fool Ivan is most of the time the third son of a peasant. He is considered to be lazy and foolish and spends all his time lying on the great house stove (a unique feature of Russian peasants houses, the stove was traditionally in the center of the log hut and retained heat for hours) until something forces him to go on a journey and fulfill the role of the hero. Although others think of Ivan as unintelligent, he is also very kind, humble, and lucky. As he goes through the forest, he usually meets characters whom he helps, unlike his two older brothers who have been on the same journey and failed. As a reward, the characters that he helps end up helping him, as they turn out to be powerful creatures such as Baba Yaga, Koschei the Immortal or the Vodyanoy. Ivan can also appear as Tsarevich Ivan, also the third son, who is often lost as a baby and doesnt know about his royal blood, as he is brought up as a peasant. Alternatively, Ivan Tsarevich is sometimes seen as the third son of the tsar, treated badly by his elder brothers. Whatever Ivans background, it always involves the role of the underdog who proves everyone wrong with his wit, enterprising qualities, and kindness. Baba Yaga Baba Yaga is the most popular and complex character in Russian folktales and traces its origins to the ancient Slavic goddess who was the link between life and death, or our world and the underworld. There are many versions of the origins of her name, including one that links Yaga to the verb yagatj meaning to be cross, to tell someone off, and others that connect the name Yaga to several languages with meanings such as snake-like, ancestral, and forest-dweller. Whatever the origin of the name, it has come to be associated with a crone-like character who sometimes catches and sacrifices children and is unpredictable in her behavior. However, this association is far from the original meaning bestowed on Baba Yaga, which was of nature, motherhood, and the underworld. In fact, Baba Yaga was the most beloved character in Russian folklore and represented the matriarchal society where it originated. Her unpredictable nature was a reflection of the peoples relationship with the Earth when the weather could affect crops and harvest. Her blood-thirstiness comes from the sacrificial rituals of the ancient Slavs, and the nastiness attributed to Baba Yaga is due to the way the clergy liked to portray her in order to suppress pagan Slavic values that remained popular with the common people despite Christianity being an official religion. You will come across Baba Yaga in most Russian folktales. She lives in a forestââ¬âa symbol of the crossing from life to death in Slavic loreââ¬âin a hut that rests on two chicken legs. Yaga likes to catch travelers and make them do the kitchen work, but she also welcomes travelers with food and drink, and if they answer her riddles correctly or display humble behavior, Yaga can become their biggest helper. The Bogatyrs Bogatyrs (1898) by Viktor Vasnetsov. Bogatyrs (left to right): Dobrynya Nikitich, Ilya Muromets, Alyosha Popovich. Oil on canvas. Viktor Vasnetsovà / Public Domain The Bogatyrs are similar to the Western knights and are the main characters in Russian byliny (à ±Ã'â¹Ã »Ã ¸Ã ½Ã'â¹)ââ¬âmyth-like stories of battles and challenges. Stories about the bogatyrs can be divided into two periods: pre- and post-Christianity. Pre-Christianity bogatyrs were mythological knight-like strongmen such as Svyatogorââ¬âa giant whose weight is so great that even his mother, the Earth, cannot bear it. Mikula Selyaninovich is a super-strong peasant who cannot be beaten, and Volga Svyatoslavich is a bogatyr who can take any form and understand animals. Post-Christianity bogatyrs include Ilya Muromets, who spent the first 33 years of his life paralyzed, Alyosha Popovich, and Dobrynya Nikitich. Popular Russian Folktales Tsarevich Ivan and the Grey Wolf This is a magical folktaleââ¬âone of the most popular folktale typesââ¬âand tells the story of the youngest son of a tsar. When the Firebird begins to steal golden apples from the Tsars garden, the Tsars three sons set off to catch it. Ivan befriends a talking wolf who helps him find the Firebird and free Elena the Beautiful in the process. The Hen Ryaba Perhaps the most well-known Russian folk tale, it is read to Russian children as a bedtime story from a very early age. In the story, an old man and an old woman have a hen called Ryaba, who one day produces a golden egg. The man and the woman try to break it but it doesnt break. Exhausted, they put the egg on the table and sit outside for a rest. A mouse runs past the egg and with its tale manages to drop it on the floor, where the egg breaks. Tears follow, with various inhabitants of the village crying, including the trees, cats, and dogs. The tale is considered to be a folk representation of the Christian version of world creation: the old couple represents Adam and Eve, the mouseââ¬âthe Underworld, and the golden eggââ¬âthe Garden of Eden. Tsarevna the Frog Illustration to the fairy-tale The Frog Princess. 1930. Ivan Yakovlevich Bilibin / Public Domain This famous folktale tells the story of Tsarevich Ivan, whose father the Tsar orders him to marry a frog. What Ivan doesnt realize is that the frog is actually Vasilisa the Wise, the beautiful daughter of Koschei the Immortal. Her father, jealous of her intelligence, turned her into a frog for three years. Ivan finds this out when his wife temporarily turns into her real image, and he secretly burns her frog skin, hoping that she will forever remain her human self. This forces Vasilisa to return to her fathers home. Ivan sets off to find her, making animal friends on his way. Baba Yaga tells him that in order to kill Koschei and save his wife, he needs to find the needle that represents Koscheis death. The needle is inside an egg, which is inside a rabbit, which is in a box on top of a giant oak tree. Ivans new friends help him get the needle, and he saves Vasilisa. The Geese-Swans This is a tale about a boy who gets taken by the geese. His sister goes to look for him and saves him, with the help of various objects such as a stove, an apple tree, and a river.
Wednesday, May 6, 2020
Essay about Solution for the IT Security Banking and Ethics
Solution for the IT security banking and ethics There are several solutions for the Islamic banking, IT security and ethics in where their practices should not contradict with the teaching of al-Quran but at the same time implement the technology to improve banking service to the society. Below are the solutions that might be suitable for the banking services to implement Islamic ethics in the business and their security perspectives. What you should do and donââ¬â¢t during practices ethics and security in banking: ï⠧ Do not use Other Peoples Computer Resources without Authorization. ï⠧ Shalt Think About The Social Consequences Of The Program You Are Writing Or The System You Are Designing. ï⠧ Shalt Not Interfere With Other Peoples Computerâ⬠¦show more contentâ⬠¦Ã¯â § DO NOT give out your password to anyone. ï⠧ DO back-up your data on disks, USB Storage or CDs regularly. ï⠧ Be accountable for your IT assets and data ï⠧ Use good judgement to protect your data ï⠧ Protect your laptop during the trip ï⠧ Ensure sensitive information on the computer screen is not visible to others ï⠧ Protect your user ID and password ï⠧ Avoid using the same password at multiple Web sites. ï⠧ Never use the password youââ¬â¢ve picked for your email account at any online site: If you do, and an e-commerce site you are registered at gets hacked, thereââ¬â¢s a good chance someone will be reading your email soon. Literature review There are several issues related to the IT security, banking, and the ethics while handling the IT computing related. IT has brought a huge change to the humanity state whether in term of how the information being stored, the security of how the information being protected and how the ethics while handling the information. One of the major problems with traditional storage networks is that IT managements have to either under- or over-estimate the organizationââ¬â¢s needs, leaving either gaps or too much storage while cloud storage involves storing your data in an off-site data centre run and maintained by a third-party cloud provider. The major benefit of cloud storage over traditional storage is the capability to access your data anyplace in the world.Show MoreRelatedAnnotated Bibliography On Online Banking Deception1617 Words à |à 7 Pagesabout online banking deception. ââ¬Å"Online banking fraudâ⬠is about committing theft or fraud by means of the features of Internet to illegitimately confiscate cash from, or move it to, some other bank account. During the past decades, most of the problems in the field of cyber-security and more specifically online banking fraud have been investigated from technological perspective. That is, these problems were considered solely as technical problems which required technical security solutions. However,Read MoreThe Impact Of Blochchain1068 Words à |à 5 Pagesthe use cases that blockchain can introduce to an already enhanced banking system that has been around for centuries one might ask themselves. 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Auditing and Assurance Estimates Fair Value
Question: Describe about the Auditing and Assurance for Estimates Fair Value. Answer: Introduction This study is based on the case study of Bio-Sustainable Feeds Ltd, which operates as a bio-research firm in Australia. The firm is listed under the Australian Stock Exchange. Currently, the firm has concentrated on the research of sustainable aqua-culture feeds. However, in this particular study, the discussion includes the steps that the auditor needs to be followed before conducting the audit on the activities of BSF Ltd. At the same time, the study also focuses on the analysis of the activities that are done by the BSF Ltd. The study also provides the plan for the audit program and analysis of the patent value of BSF Ltd. At the end of the study, the conclusion is derived by summarizing the overall findings. Discussion regarding the steps, which need to be taken before audit As per the IFACs code of ethics for auditing an auditor must understand whether the acceptance of auditing proposal will create any problem regarding the maintenance of fundamental auditing principles or not (Backlund and Thollander 2015). This indicates that the auditing firm or the auditor must check whether the activities of BSF Ltd include any unacceptable risk or not. This step is known as the procedure of customer due diligence (Messier 2016). After checking the customer due diligence, the auditor needs to identify and analyze whether there is any objectivity threats or not. This indicates that the auditor needs to check whether the members of audit firm are holding the shares of BSF Ltd or not. If the objectivity risk is identified then BSF Ltd must turned down (Wang, Li and Li 2015). Apart from the above-mentioned two steps, the auditor must determine the competence of the firm to conduct the potential work. This indicates that the auditor needs to check whether the BSF Ltd includes any complex business structure or it belongs to any specialized industry or not. After checking all of these, if the auditor is satisfied then the auditor must comply with the requirements of ISA 210. As per ISO 210, the auditor must use the acceptable framework for financial reporting and complete an agreement with the management of BSF Ltd (Abernathy et al. 2015). This indicates that before conducting the auditing, the auditor needs to check whether the auditing or financial reporting framework is acceptable or not. At the same time, the auditor needs to understand the responsibilities of auditing. Analyzing whether the audit firm should accept the role of doing an audit o BSF Ltd Audit risk consists of three types of risk inherent risk, control risk and detection risk. An audit proposal can be accepted, if these three risks are low (Chaudhari and Bakal 2015). If the inherent risk of BSF Ltd is estimated as 90%, it can be said that the risk is too much high. This means, if the audit firm accepts the role of doing audit, then it needs to check and gather many data regarding the business and financial activities of BSF Ltd before accepting d doing the audit. High percentage of inherent risk indicates that there are possibilities that the client firm that is BSF Ltd has manipulated the information. In that case, the audit firm must check whether the inherent risk can be reduced to an acceptable level or not (Ren et al. 2015). Therefore, if the inherent risk is high, then the audit firm needs to engage much time to determine whether the audit proposal should be accepted or not. On the other side, if the control risk is 5% and the detection risk is 80% at BSF Ltd, then also it is very risky proposal for the auditing firm. Control risk refers to the probability or risk of misstatement that cannot be detected or corrected (Sharbatoghlie and Sepehri 2015). On the other side, detection risk is the risk of material error, which causes failure of the audit procedure. Therefore, if the control risk is 5%, then it can be said that the chances of misstatement is low. However, 80% detection risk denotes that the chances of audit failure are high. Therefore, by considering overall situation, it can be said that in case of BSF Ltd, though the control risk is low, the other two types of audit risks that are inherent risk and detection risk are much high. Hence, it will be more appropriate to reject the proposal for doing the audit of BSF Ltd. Audit program for BSF Ltd An audit program is actually an action plan that the auditor plans to execute to audit a firm and confirm that the activities of the firm have been done as per the rules and regulations. In the words of Carlon et al. (2015), an audit program includes the systematic procedure of auditing to identify the sufficient authentic evidence. The steps under the audit program are set after determining and understanding the accounting system at the client firm and the required auditing strategy. The main purpose of audit program is to assists in the planning and performing the audit (Macve 2015). There can be two types of audit programs standardized audit program and tailored audit program. However, in an audit program, the following things must be included: General coverage: Detailed information related to work: In an audit program, it is very important to have the detailed information like, sales book, purchase book and cash book. Availability of the detailed information helps to complete the audit within limited time span (Islam 2015). Required timeframe: The audit program must include the timeframe that will be required to complete the whole process of auditing. Fixed time span helps the auditor to complete the tasks systematically and sincerely. List of work of the assistant: In the audit program, the auditor also requires including the list of activities or works that need to be performed by the assistants of the auditor. This helps the assistant auditor to conduct the tasks of auditing in a proper way and the assistant auditor can easily identify what needs to be done. This helps to save the time and cost (Corbella et al. 2015). Required timeframe for the assistant: In the audit program, the auditor also needs to mention about the time span within which the assistant auditor needs to complete the list of works assigned by the auditor. In the above, the general requirements of an audit program have been stated. However, the requirements can include more items on the basis of the nature of the business. In case of BSF Ltd, the specific requirements of the audit program are as follows: Specific Coverage: Information regarding the sources of raw materials - As BSF Ltd is a research and development organization, it is very important to include all the detailed information regarding the sources of raw materials in the audit program. Proper information regarding the raw material helps the auditor to understand whether the organization is procuring the raw materials from the authentic source or not (Aziz 2015). It saves time and cost of auditing. Checking the information about the use of equipments - The audit program for BSF Ltd must include the activity of checking whether the equipments at BSF Ltd have been utilized properly and whether the company has charged the depreciation accurately or not (Macve 2015). Information regarding the use of grant The audit program must include the information that whether the organization that is BSF td has fully utilized the grant fund or it has any plan to utilize the same in the near future. Discussing the concerns of the auditor for the full set of journal entries It is the duty of an auditor to check whether the journal entries shown in the books of the client organization are right or wrong (Ren et al. 2015). In case of BSF Ltd, several transactions have taken place in between 2013 to 2016. The firm has also receipt a grant from CSIRO for the purpose of research and development. As per IAS 20, the accountant of the organization or firm (here, BSF Ltd) must do the journal entries for receiving the grant in the following manner: Cash / Bank a/c.Dr. $500 million To, Deferred income a/c Cr. $500 million (Being the grant received) Deferred income a/c..Dr. $500 million To, Income from CSIRO grant Cr. $500 million (Being grant recognized in the P/L account) Therefore, it is the concern of the auditor to check whether the accountant at BSF Ltd has done the journal entries for receiving the grant in the proper way stated under IAS 20 or not. It is the auditors concern because the overall accounting is based on the journal entries and if the auditor does not check it in the beginning then it becomes hectic to identify the mistake in the rest of the financial report (Backlund and Thollander 2015). On the other side, the organization has also used fund received as the grant in several ways. As per the rules in IAS, the organization must use or committed to use the amount of grant for the specific purpose (Sharbatoghlie and Sepehri 2015). In case of BSF Ltd, the fund received from CSIRO has been used by the company in the specific purpose of research, which is authentic as per ISO. Apart from that, the firm has also allocated the costs properly between expenses and patent capital. The firm has allocated the costs in the same proportion between the expenses and patent capital. The organization has allotted AUD$500 million and AUD$200 million in the expenses of research and development and AUD$700 million in the patent capital. Identifying and analyzing whether the research of BSF Ltd is socially responsible and environmental friendly or not The activities of BSF Ltd has been considered as the socially and environment friendly by the GPFS of the company. However, if the analysis is done from the social point of view, then it can be said that the research done by the organization will help the society to survive more because the feeds will increase the aqua life, which will ultimately help the human being in surviving better way (Aziz 2015). However, at the same time, it has also been noticed that the research of the organization helped only the rich people in the society not the poor people. On the other side, if the activities or the research of BSF Ltd is analyzed from the environmental point of view, then it can be seen that 1/3rd of the total fish has died during the research in converting the low value fish into high value fish. Then this cannot be considered as an environment friendly activity. Therefore, it can be said from the above discussion that though the research and development work done by BSF Ltd helped in increasing the volume of aqua life, it has decreased the quality of aqua life and it did not supported the life of poor people. Hence, the activities of BSF Ltd cannot be considered as socially and environment friendly. Analyzing whether the patent values of BSF Ltd has exclusive control over the bacteria-based feeds technology The statement provided by the management of BSF Ltd regarding the control over the bacteria-based technology is not completely true and fair. This is because previously, the organization failed to research successfully on the aqua life by using the bacteria-based feeds technology. A high volume of fish died because of improper use of technology. If the organization had proper control over the technology that it is using then the chances of failure would be less (Corbella et al. 2015). Apart from that, if the organization has exclusive control over the bacteria-based feed technology then it would not face several other issues like involving excessive time and cost. Conclusion In this study, it has been identified that there are several steps that an auditor needs to follow before and during the audit of BSF Ltd. The activities done by the company affected the quality of aqua life negatively. At the same time, the poor people in the society are not benefited from the research and development activities or work done by BSF Ltd. Apart from that the management of the company had no such exclusive control over the bacteria-based feed technology. Reference list: Abernathy, J., Hackenbrack, K.E., Joe, J.R., Pevzner, M. and Wu, Y.J., 2015. Comments of the Auditing Standards Committee of the Auditing Section of the American Accounting Association on PCAOB Staff Consultation Paper, Auditing Accounting Estimates and Fair Value Measurements: Participating Committee Members.Current Issues in Auditing,9(1), pp.C1-C11. Aziz, N.M.A., 2015. Does Social Closeness is Essential in the Medical Relief NGO?.Procedia-Social and Behavioral Sciences,172, pp.487-494. Backlund, S. and Thollander, P., 2015. Impact after three years of the Swedish energy audit program.Energy,82, pp.54-60. Carlon, S., McAlpine-Mladenovic, R., Palm, C., Mitrione, L., Kirk, N. and Wong, L., 2015.Financial Accounting: Reporting, Analysis and Decision Making. John Wiley and Sons Australia. Chaudhari, M.R.R. and Bakal, J.W., 2015. Overview of Database Auditing for Oracle Database.Auditing,4(7). Corbella, S., Florio, C., Gotti, G. and Mastrolia, S.A., 2015. Journal of International Accounting, Auditing and Taxation.Journal of International Accounting, Auditing and Taxation,25, pp.46-66. Islam, M.A., 2015. Overview. InSocial Compliance Accounting(pp. 1-10). Springer International Publishing. Macve, R.H., 2015. Fair value vs conservatism? Aspects of the history of accounting, auditing, business and finance from ancient Mesopotamia to modern China.The British Accounting Review,47(2), pp.124-141. Messier Jr, W., 2016.Auditing assurance services: A systematic approach. McGraw-Hill Higher Education. Ren, Y.J., Shen, J., Wang, J., Han, J. and Lee, S.Y., 2015. Mutual verifiable provable data auditing in public cloud storage.à §Ã ¶Ã ²Ã ©Ã
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,16(2), pp.317-323. Sharbatoghlie, A. and Sepehri, M., 2015. An Integrated Continuous Auditing Project Management Model (CAPM). In4th International Project Management Conference. Wang, B., Li, B. and Li, H., 2015. Panda: public auditing for shared data with efficient user revocation in the cloud.IEEE Transactions on services computing,8(1), pp.92-106.
Wednesday, April 22, 2020
William Faulkner Was Born Into A Wealthy Family In 1897, And Lived Alm
William Faulkner was born into a wealthy family in 1897, and lived almost his entire life in Mississippi. His hometown Oxford, was what influenced him to write short stories based on imaginary Mississippi towns. Some of the works that are based on his imaginary towns are The Sound and the Fury, As I lay Dying, Light in August, and Absalom, Absalom!. William Faulkner has won the Nobel Prize for literature. This shows that although his works take place in one fictional setting, His topics are extensive. One topic that he chose to write about is insanity. He shows how people shut themselves out from society and become insane. He indicates this in the short story ?A Rose for Emily?. Emily Grierson's bizarre behavior, isolation from society, and obsession with corpses all suggest she was not a sane person. Emily came from a well respected family in her town. The people of Jefferson knew this and looked up to her, but her behavior led them to question her sanity. Several of her neighbors complained when there was a horrid stench coming from her house. At first, it was thought to be a dead animal carcass of some sort, so a team of volunteers was sent to the house. They spread lime and neutralized the unbearable odor. It was later discovered that the smell was Homer Barron's dead body rotting away. This shows that she is insane because she sits in the same room and right beside the bed of where the rotten corpse is. The fact that her neighbors can detect a foul smell from their own homes, yet she can sit right next to him and bear the smell, shows she has lost her mind. Another incident that put Emily's sanity to question was when her father passed away in the family home. She had denied that he died and kept the corpse in the house for three days before the ministers and doctors persuaded her to properly dispose of the body. After this people started to wonder about her but did not totally dismiss her as crazy since her father was all she had. After all the men her father had supposedly driven away, she had to cling to the only family she had. As time went on, Emily grew more and more isolated from society. After her father died, she was rarely seen except for a few instances when she was spotted peering out of the downstairs window. She did not even leave to go shopping. She had her servant go out to retrieve her necessities. She became alienated from everyone. There was, although, a period of six or seven years where she gave lessons in china-painting. During this time of isolation, she became overweight and her hair turned a vigorous iron-gray. When the town received free postal delivery, Emily was the only one to refuse installation of metal numbers above her door and a mailbox to be attached to it. She did not care to receive mail from anyone. She preferred to stay completely alienated from the world. She had also lost touch with time. She still thought that Colonel Satoris was alive. When the men came to discuss with her about not paying the taxes, she refused and advised them to go speak with the Colonel himself. After Emily passed away, the entire town attended her funeral which was held in the house that no one had seen the inside of for many years. The men attended out of a polite respect, the women out of mere inquisitiveness to see what was inside the house. What was later discovered in the upstairs bedroom of the house was bone chilling. The decaying corpse of a man was found laying on the bed covered by a layer of dust. Even more outrageous, was the indentation of a head, and an iron-gray strand of hair found on the pillow beside the decomposing corpse. This evidence suggested that Emily had been sleeping with a man she apparently poisoned to death, for more than forty years. Emily Grierson displayed many character traits that suggested she was not a mentally sound person. It seemed to Emily, that whenever she was given a chance to love someone, they were taken away from her. She did not want this to happen with Homer, so she killed him. She knew it was wrong to take a lover, so she became isolated from the public. This shows that withdrawal from the public
Monday, March 16, 2020
buy custom Hospitality Law essay
buy custom Hospitality Law essay Non -Compete Provisions / Restrictive Covenants: a) What are they? Restrictive covenants or Non-Compete Provisions are said to be obligations where employers often incorporate post-termination obligations into an employees contract of employment hence an employee agrees not to do certain things after he or she leaves the company. They usually designed to protect and safeguard the employers business and are usually enforceable only to protect unfair competitive use of both customer contacts and trade secrets. b) Are they used in hospitality industry? The hotel industry is largely engaging itself in Protective Trade Secrets through Non-Competition Agreements thus with the rising occupancy and room rates that are cropping a turnaround in the hospitality industry, it is thus regarded that all the relevant time share organizations are duly placing an increased emphasis on keeping and attracting the best employees. But it is also good to know in a wide view what really happens when your best employee who the organization has fully invested heavily in and entrusted with the organizations best kept trade secrets, makes a decision to abandon the organization and join the completion. For instance in a recognized case from the mid 1990s, Radisson came up with an action against Westin and its chief executive officer, whereby the morals of the case was very clear in that an individual or an organization may be able to get an award of damages for valuable trade secrets that are actually lost or disclosed to an immediate competitor. It is therefore better to protect the trade secrets ahead by avoiding your employees from engaging into enforceable non-competition agreements because this might bring about the meaning of the difference between keeping, or sharing, your trade secrets and holding onto that very amazing and star employee in regard to the hospitality industry. c) What other industries are they utilized? Restrictive covenants are widely used in most sectors with regard to the safeguarding of the most trusted business secrets and information.. Moreover currently with many of the people changing jobs frequently, an employers very need to protect its important information is very vital and secure. Thus For instance, physicians are still trying to maintain successfully that restricting employment beyond 20 or 30 miles approximately from the employers place of business which is necessary to protect the physician business interests. Similarly the restrictive covenants are widely used in consultancy services of different fields, this can be noted greatly in the case of in Pathfinder, LLC v. Luck, whereby the employer provided consulting services to a chemical industry. Again they are largely used in manufacturing industries to safeguard the same from their manufacturing interests and hence control their businesses more better with their competitors out of hand, that is with no relevant information about them. d) Legal cases that demonstrate the meaning and significance of the provisions/covenants. Case one: Sherman v. Pfefferkorn The issue it was noted that during the course of his duties, the deliveryman acquired valuable information regarding customers' names and addresses and upon his termination, used all this information to compete with his former employer. Applicable rule: frankly speaking, a specific restriction in a non-compete agreement that stops a former employee from competing or working for a competitor thus this may be deemed reasonable and enforceable. Analysis: thus if the restrictions in the said covenant not to compete are unenforceable because they are more than overbroad, then the court will look deeply at the covenant to make the restrictions more than narrow thus making the covenant enforceable. Conclusion: Hence the court noted that "contracts restraining freedom of employment can be enforced only when they are reasonable and not wider than is necessary for the protection to which the employer is entitled and when not injurious to the public interest, thus the court enforced the agreement. Case two: Wells v. Wells The issue: this case here illustrates the most important distinction between buyer-seller and employer-employee non-competition agreements. The central issue in the case involved the reasonableness of the limitation on competition in Fall River and New Bedford. Applicable rule: holistically a geographical restriction in a restrictive covenant that safeguards an ex-employee from working for a competitor in a specific area or single location or the same is deemed or said to be reasonable, thus moreover those that restrict her from competing or engaging in this activities in a wider area or anywhere else unreasonable and unenforceable. Analysis: thus it is always important to largely ensure that the geographical limits are deemed reasonable in the consideration of the market or client served by the employee, or hence the specific covenants become unenforceable. Conclusion: hence the court duly upheld that the enforcement of the non-competition agreement, explaining that the good will interest a paty could protect was more expansive in the buyer-seller setting, hence unenforceable. Case three: Alexander Alexander, Inc. v. Danahy Issue: The non-competition covenants issue in this case arises out of an arrangement that had aspects of both a sale of a business and a contract of employment. Applicable rule: strategically the specific will to a change in the due terms and conditions of employment provide sufficient consideration to support a covenant not to compete entered into after the employment relationship has begun. Analysis: there should be no difficulty in concluding that the restrictions should apply the standards applicable to covenants that arise out of the sale of a business, hence every vital information should be looked at importantly for this to be deemed reasonable. Conclusion: The court henceforth concluded that all the restrictive covenants were generally a very important and integral part of the said agreement for the sale of the business. Part two: Trademark Law A Trademark is simply a brand identifier in form of a word, name, symbol, phrase or their combination utilized or meant to be used commercially to distinguish a particular manufacturers products from anothers and to show the source of the products. In some circumstances a trademark protection may stretch beyond mere words or letters to encompass broader aspects such as a products color or its packaging. Trademark rights give the owner a legal ownership and exclusive rights to utilize the mark for commercial purposes. For a trademark to be registered it must be very distinctive. By distinctive the law stipulates that a trademark must have the ability to clearly identify the source of a particular product it is being used on. The sole purpose of trademarks apart from giving manufacturers a reason to invest in quality products is that they make it obvious to the consumers the product identity and source. Trademark laws regulate the proper use of trademarks by giving a producer the rights to commercialize the mark nationwide for a given period of time, file an infringement suit in a federal court and recover damages, trade fees and other remedies in the event of a breach of that trademark. After a trademark qualifies for protection, the rights to the trademark can be gained either by being the first to commercialize the mark or being the first to file a registration with the U.S Patent and Trademark Office (USPTO). The most important aspect they consider before application is the depiction of a particular trademark. The applicant is first required to include a very clear presentation of the trademark in question and the precise products to which the mark will be used. A search on the USPTO database is then conducted to check for any similar existing mark before the applicant specifies the basis for the filing. The applicant may then continue to file their trademark application online through Trademark electronic application system (TEAS). The filing fee for any application is based on the number of marks applied for, the number of classes of goods in the application and the version of the filing form being used with the filing fee of the TEAS plus version of the form being $275 per a class of listed goods/services and the regular TEAS form being $325 per a class of listed goods/services. Ritz Hotel Limited vs. Shanghai Huangpu Lichi Leisure and Fitness Co. Ltd. On April 7, 2008, the Shanghais Intermediate Peoples Court heard a case of Ritz Hotel, Limited v. Shanghai Huangpu Lichi Leisure and Fitness Co. Ltd. regarding trademark infringement issues. Issue: The plaintiff, RITZ-CARLTON HOTEL COMPANY, L.L.C contends the use of the defendants, Shanghai Huangpu Lichi Leisure and Fitness Co mark RITS which in their view is similar to their already registered trademark RITZ with the two being players in the same service industry. Rule of law: Rule Statement The similarity between two Trademarks is determined in accordance with Article 9, Paragraph 2 of the Supreme Peoples Courts Decree. When compared, a plaintiffs mark is found to be similar to that of a defendants if the design, pronunciation, combination of colors, composition, connotation or the overall appearance of the elements combined causes confusion to the consumers as to the source of the goods or services or infers a means of connection between the two. Application of the law to the case facts In the case at hand, the RITZ is compared with RITS. They both consist of four identical letters except for the fourth letter; both have a similar appearance in block letters and they share a very close pronunciation. The defendant mark, RITS appears to be very similar to that of the plaintiffs RITZ trademark with a very high likelihood of causing confusion among the consumers as to the particular legitimate service provider. Conclusion The court decided that plaintiff has the legally exclusive right to the RITZ trademark since according to the Trademark Laws that right was the first to be approved and registered for the commercialization of their service. In absence of the permisssion from the registrant, it constitutes a trademark infringement upon a registered trademark to similarly use it on identical goods/service. Part 3: Protecting Recipes / Trade Secrets / Trade Dress a). Can recipes be legally protected from being copied? All the written form of recipes can be legally protected from being copied by use of copyright law, hence these can only be done once they are recorded in some manner or way, and for instance, they can be recorded on tape or else written down. b) Trade secrets and how they can be protected: information, including a formula, pattern, compilation, program, device, methods, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.(according to Uniform Trade Secrets Act (UTSA).Significantly trade secret protection is based mainly on a confidential relationship which would not harm the employer and his business interests. c) Trade dress and how they can be protected: Generally Trade dress can be referred to as the total overall look and feel of any product or service, thus it incorporates any element or feature that may show the origin of the service or product. Hence to be protected, trade dress must be distinctive and non-functional. d) Legal Cases for each concept: Case one : Urantia Foundation v. Maaherra Issue: the underlying issue in this case was that the court had to decide extensively whether a book believed by both parties to be the words of celestial beings was copyrightable. Applicable rule: generally where an issue in hand is to be proved not to be copyrightable, then the court must take full measures to make both parties understand the materials are deemed to be protected when they represent full original work of the owner. Analysis: it is of great importance for parties to understand fully about copyright ownership, as for the foundation claiming to own the copyright and the defendant claiming that the book was not copyrightable because no human creativity was involved in creating the book. Then it is of due importance that the court will rule reasonably from the books content. Conclusion: The court held that even if the books content originated with a celestial being, there had been sufficient human selection and arrangement of material to satisfy copyright laws originality requirement. 114 F3d 955 (9th Cir 1997). Case two: MAGISTRO v. LOU INC Issue: the underlying issue in this case is that one party alleges that the other party committed a breach of contract and thus henceforth violated the Uniform Deceptive Trade Practices Act, and also violated the trade secrets act. Applicable rule: When reviewing questions of law, an appellate court has an obligation to resolve the questions independently of the conclusion. (Douglas Cty. Sch. Dist. 0001 v. Johanns,reached by the trial court. 269 Neb. 664, 694 N.W.2d 668 (2005)). Analysis: there is absolutely no doubt that the only question to be addressed here is whether Nolan with his specific engagements breached the contracts with Magistro by using trade secrets obtained from Magistro in the operation of Nolan's restaurants. Conclusion: The trial court found no basis upon which it could rule in Magistro's favor on the issue of deceptive trade practices Case three: ANTIOCH COMPANY v. WESTERN TRIMMING CORPORATION Issue: The case illustration appeal above engages the question of whether, as a matter of law, the Antioch Company's scrapbook album configuration is fully functional and hence ineligible for trade dress protection. Applicable rule: generally What Antioch company depends mostly over , is that in order for them not to be restrained from trade dress protection for the overall incorporation and combination of functional features, the said features must be put in an arbitrary, fanciful, or distinctive way. Thus the court must rely on the articulation of the principles of trade dress protection to enable the company follow the same. Analysis: for the company to recover for trade dress infringement, then the company must prove beyond reasonable doubt that the infringing feature is thus not functional. Conclusion: thus the district court significantly and correctly concluded that Antioch's claimed trade dress was functional as a whole, and thus it was in line with the laws that protect competitive economy. Buy custom Hospitality Law essay
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