Understanding OPEC: An Economic Analysis Essay -- Oil Economics Econom

Understanding OPEC An Economic AnalysisIn the last few months, much has been give tongue to of Iraqs invasion of Kuwait in 1990. Interestingly enough, one of Iraqs motivating factors was stintings. Kuwait provided Iraq with a pretext for war as it violated the economic policies of the Organization of Oil-Exporting Countries by exporting oil above its quotas. This is but one chapter in the complicated history of OPEC. OPEC is an international assembly of nations which co-ordinates and unifies the petroleum policies of eleven countries and has enjoyed the highs and weatherworn the lows of oil prices in the last few decades. To solve their problems, both member countries and oil-importing countries must address the complex nature of oil price elasticity in making their policy decisions.An analysis of OPECs policies demands a cursory review of its history and the recent and current structure of the oil market. Acting in concert, OPECs eleven member countries set per country quotas for o il production to limit the oil supply. It seeks to co-ordinate and unify their petroleum policies in order to promote perceptual constancy and harmony in the oil market (OPEC 2). In other words, OPEC seeks to secure a long-term profitable stream of income for OPEC members by exploiting its market power in an oligopoly.OPEC has commanded tremendous market power in the oil industry ever since Iran, Iraq, Kuwait, Saudi Arabia and Venezuela founded it on September 14, 1960. Today, the number of member countries has risen to 11 and today includes Algeria, Indonesia, SP Libyan AJ, Nigeria, Qatar, and the United Arab Emirates. Together, these countries have pooled their tremendous resources OPEC Members Countries produce about 41 per cent of the worlds crude oi... .... 2000. Organization of the Petroleum Exporting Countries. 19 April 2003 .Answers to frequently asked questions about the petroleum industry. 2000. Organization of the Petroleum Exporting Countries. 19 April 2003 .Foreman, Gary. Use the Law to Save Thousands. Soho America. 19 April 2003 www.soho.org/Finance_Articles/Spply_and_Demand.htm.Hwang, M. J. and C. W. Yang. Unstable Price Elasticity and utmost World Oil Prices. October 2001. The 52nd International Atlantic Economic Conference. 19 April 2003 www.iaes.org/conferences/past/philadelphia_52/prelim_program/d00-1/index.htm.Taylor, Jerry. No Need to Panic over Oil Prices Dont recollect the Politicians Rhetoric. 2003. Cato Institute. 19 April 2003 .

Wind Power as the Future Energy Source Essay -- Energy Power Global Wa

malarky Power- the Future Energy SourceAbstractWe are facing an aptitude crisis on Earth. Burning dodo fuels are harming the atmosphere this global warming and affects produces chemicals that hurt our body. People are starting to think about employ alternative zilch. Wind power would be our first choice, because its clean, inexhaustible and renewable. Today, wind power is mainly used in Europe. We believed wind power would be the main source of alternative energy for world use.IntroductionSince 400-500A.D, people used windmill energy in farms for grain grinding and water pumping. In 1888, the first wind turbine that generated electricity was ascertained by Charles F.Brush in Ohio, USA. However, there are limitations on speed. People did not pay much attention to it rather, they used fossil fuels. In the 1920s, the improvement of windmill energy was widespread in some rural area in the U.S. and Europe. (Dodge 2006). Later in the 1970s, people realized the shortcomings of fossil fuels they started looking to alternative energy. Wind is costless, clean and renewable. (Brown 2005). When sun heats on the earth, wind cools down the surface of the Earth. Thus, as the sun shines, there will be inexhaustible wind blowing. Windmill energy uses the power of wind through a generator to generate electricity to urban areas. (2005).Wind Power 3Results and DiscussionCurrently over 50 percent of the electric energy is comes from coal. (See Figure 1). The oil prices started to increase dramatically in 2000. Many people cant afford it. The capacity of using this energy was low. Coal uses grows 2.5 percent annually. However, wind power grows almost 30 percent annually. (Brown 2006). In the early 1980s, the wind generator in Califo... ...Power Expand in 2006 Earth Policy Institute retrieved July 30, 2006 http//www.earth-policy.org/Indicators/Wind/2006.htmGWEC (2006, February) Record year for wind energy Global wind power market increased by 40.5% in 2005 Global Energy Counci l retrieved July 30, 2006 http//www.gwec.net/index.php?id=30&no_cache=1&tx_ttnews%5Btt_news%5D=21&tx_ttnews%5BbackPid%5D=4&cHash=d0118b8972No author (2005, September) Energy Efficiency and Renewable Energy U.S department of energy retrieved July 30, 2006http//www1.eere.energy.gov/windandhydro/wind_technologies.htmlNo author(July 2006) Electric Power Monthly Energy Administration Information http//www.eia.doe.gov/cneaf/electricity/epm/epm_sum.html retrieved July 30th, 2006No author (2005, December) Wind Energy- Energy from moving Air Energy take ins Page http//www.eia.doe.gov/kids/energyfacts/sources/renewable/wind.html

Feminism: A Fight for Human Rights Essay -- Argumentative Persuasive

AbstractThis experiment explores the concept of feminism as a human right rather than merely a struggle of American women to extend to equal opportunity and salaries in the corporate world. Without denying the importance of such achievements, the facet of feminism that is explored for the most part is the ability for women around the world to be hard-boiled as human. Not only argon women denied rights such as the opportunity to be educated or to earn money to feed their children, moreover they are considered property and subject to abuse. The central concept portrayed in this essay is that as women climb the ladder in the struggle to eliminate glass ceilings in the corporate world, we must not leave vast numbers at the bottom, still struggling to be considered human. The essay explores writings on women?s issues from sources including the Bible, Virginia Woolf, and doorbell Hooks enabling observations from diverse times and cultures to be explored. Often our society is obliv ious to what is happening in other countries or even other neighborhoods, this essay is a reminder.Feminism A Human RightFeminism, as thought by many Americans, is not just a movement to create high-altitude jobs in the corporate world and equal salaries for women, although that component must not be disregarded. Women around the world are being treated as humiliate class citizens if citizens at all. Meena was a woman born in Kabul who was murdered in 1987 for her work with the Revolutionary Association of the Women of Afghanistan, also known as RAWA. Meena and other members of RAWA fought for the right to earn money to feed their children, the right of literacy and knowledge, the right to leave their homes without permission from their husband, let alone the rig... ...Http//www.amnestyusa.ort/news/2002/kenya03082002.html.Marder, Herbert. Feminism and Art. Chicago U of Chicago P., 1968.Meena. ?I?ll Never Return.? Payam-e-Zan, Issue No. 1. 1981. RAWA. 20 Oct. 2002 .?Nigeria, D eath by Stoning Upheld in the Case of Nigerian Woman Amina Lawal.? Amnesty planetary U.S.A. 20 Aug. 2002. Amnesty International. 15 Oct. 2002 .?Pakistan, Tribal Councils Must Stop Taking Law Into Their Own Hands.? Amnesty International U.S.A. 5 July 2002. Amnesty International. 15 Oct. 2002 .Woolf, Virginia. A Room of One?s Own. New York Harcourt, Brace & World, Inc., 1929.Yoder, John Howard. The Politics of Jesus. 2nd ed. Grand Rapids Wm. B. Eerdmans Publishing Co., 1994.

jermey mcgrath Essays -- essays research papers

Wide Open Jeremy McGrathA man named Jeremy McGrath a Supercross subtitle finds himself to be the best of the best. He has won seven 250 Supercross championships, two 125s, one outdoor, and two FIM World Supercross championships. He is now dominating all of Motorcross and is becoming a legend. Jeremy McGrath is an un samely champion who became a legend in Supercross, and helped bring the sport out of the backyard and into your living room. Wining 12 major championships is not the easiest thing ever. Having almost 3 perfect seasons is even harder. only when Jeremy McGrath has accomplished almost all of these. He wants us to understand that the life of a professional rider is not all it is worked up to be, but in that location are good days then there are bad days and it takes a lot to get to the top.He was a young nipper who didnt have a factory ride was from California and had trouble buying a bike. But he rode like a champion, practiced like a champion, and soon found himself r ising to the top where he would become a legend in Motorcross. He is the one that brought Motorcross to the level that we see it at today.Jeremy McGrath was born in 1971 and had grown up in California most for of his life, living a normal wild childhood. He had one sister a mother and a dad named Jack. As he was young he had gotten into BMX racing. He would come home from school everyday and just ride his cycle per second around the yard. His dad noticed one day that he was riding his bike prett...

Cleopatra as a Historical Figure Essay -- William Shakespeare Literatu

Cleopatra as a Historical FigureIn hieroglyphs, the name reads Kleopadra. It is a name which in Greek means Glory of Her Race (Weigall, 44). It is a name belonging to a woman who has transcended the boundaries of clock time so that we may know her story. What better focusing to describe Cleopatra, the last Queen of Egypt, Ruler of the Nile, sent from the Gods themselves to lead her people, than Glory of Her Race? Cleopatra, the last ruling descendant of the Ptolemaic Dynasty, has arguably unparalleled fame as a female historical figure. Yet we must ask ourselves why? What is it about this individual that strikes us as so intriguing that we, like the Elizabethans in the lead us, centuries ago, like the Romans two millennia past, should divert so much of our attention into construing the motivations behind the enigmatic figure that is Cleopatra? We must look not only to Cleopatra, but withal to the historical events surrounding the last few years of her rule, in order to trul y understand the historical significance bestowed upon her. It was a combination of the tumultuous political upheaval and civil unrest of Rome c.a. 40 B.C. that allowed Cleopatra to utilize her exotic mysticism and considerable political cunning to manipulate the situation in an essay to fulfill her ultimately patriotic ideals. It is her vital and unique role in these hugely significant historical events that makes her equally indispensable in the annals of history. The shore up of Ancient Egypt has forever been a source of intrigue and mystery, both to the people who lived outside of its influence, and to those of us living thousands of years after the Pharaohs ruled the Nile. The dichotomy that existed during the time of Cleopatra between the West, Rom... ...ction). The Norton Shakespeare Tragedies. Eds. Stephen Greenblatt, Walter Cohen, Jean E. Howard, and Katherine Eisaman Maus. London Norton, 1997. 854-847.Shakespeare, William. Antony and Cleopatra. The Norton Shakespeare Tragedies. Eds. Stephen Greenblatt, Walter Cohen, Jean E. Howard, and Katherine Eisaman Maus. London Norton, 1997. 856-934.Volkmann, Hans. Cleopatra A Study In Politics and Propaganda. London Elek Books, 1958. Weigall, Arthur. The Life And Times Of Cleopatra. New York Greenwood Press, 1968.Works CitedDeats, Sara Munson. Rabbits and Ducks. literature Film Quarterly 20.4 (1992) 284- 294 Rabkin, Norman. Shakespeare and the Problem of Meaning. Chicago University of Chicago (Press), 1981 Shaw, William P. Textual Ambiguities and Cinematic Certainties in Henry V Literature Film Quarterly 22.2 (1994) 117-123

Cleopatra as a Historical Figure Essay -- William Shakespeare Literatu

Cleopatra as a Historical FigureIn hieroglyphs, the name reads Kleopadra. It is a name which in classic means Glory of Her Race (Weigall, 44). It is a name belonging to a woman who has transcended the boundaries of time so that we may know her story. What better way to pull Cleopatra, the last Queen of Egypt, Ruler of the Nile, sent from the Gods themselves to lead her people, than Glory of Her Race? Cleopatra, the last ruling descendant of the Ptolemaic Dynasty, has arguably unparalleled fame as a female diachronic figure. Yet we must ask ourselves why? What is it about this individual that strikes us as so intriguing that we, uniform the Elizabethans before us, centuries ago, like the Romans two millennia past, should divert so much of our attention into construing the motivations behind the enigmatic figure that is Cleopatra? We must look not only to Cleopatra, but also to the historical events surrounding the last few years of her rule, in order to truly understand the h istorical significance bestowed upon her. It was a combination of the tumultuous political fit and civil unrest of Rome c.a. 40 B.C. that allowed Cleopatra to utilize her exotic mysticism and considerable political cunning to manipulate the situation in an attempt to save her ultimately patriotic ideals. It is her vital and unique role in these hugely significant historical events that makes her equally indispensable in the annals of history. The land of antiquated Egypt has forever been a source of intrigue and mystery, both to the people who lived outside of its influence, and to those of us living thousands of years after the Pharaohs ruled the Nile. The dichotomy that existed during the time of Cleopatra betwixt the West, Rom... ...ction). The Norton Shakespeare Tragedies. Eds. Stephen Greenblatt, Walter Cohen, Jean E. Howard, and Katherine Eisaman Maus. London Norton, 1997. 854-847.Shakespeare, William. Antony and Cleopatra. The Norton Shakespeare Tragedies. Eds. Stephe n Greenblatt, Walter Cohen, Jean E. Howard, and Katherine Eisaman Maus. London Norton, 1997. 856-934.Volkmann, Hans. Cleopatra A Study In Politics and Propaganda. London Elek Books, 1958. Weigall, Arthur. The Life And Times Of Cleopatra. New York Greenwood Press, 1968.Works CitedDeats, Sara Munson. Rabbits and Ducks. Literature contract Quarterly 20.4 (1992) 284- 294 Rabkin, Norman. Shakespeare and the Problem of Meaning. Chicago University of Chicago (Press), 1981 Shaw, William P. Textual Ambiguities and Cinematic Certainties in Henry V Literature Film Quarterly 22.2 (1994) 117-123

Health Care Reform Essay

Health Care ReformsThe affordable tutelage act came in to effect on March 2010. It is a four years plan that get out affect the delivery of care to the 250 million Americans. (Swanton, 2012). The Affordable Care Act includes numerous provisions to support millions of Americans to keep the Health care costs low, bear on preventive care such as colonoscopies and mammogram, and other services readily available to promote prevention of the disease and hold insurance companies accountable for the estimable delivery. (Hill, 2012). The health care reform act intended to make the health care more affordable for all and make health care more safe. There were several aspects of the health care system that the reform would impact such as the employer to yield health insurances to their employees, health coverage for adult children by the protected by the parents insurance. And the reimbursement to the hospitals based on the quality of service provided rather than the quantity of the serv ice. Goals of the reformThe health reform also known as the enduring Protection and Affordable Care Act (PPACA), of 2010 will have a profound influence on health care in the United States. A major goal of the Act is to improve access to affordable, quality health care. In the year 2007, the health care statistics showed that there was increase in the inefficacious care provided to the patients which consumed vast majority of the health care funds (Hills, 2010). The insurance companies also dictate the care for the patients and denied care for those who had preexisting health conditions, or provided health care at a very high cost. There was a great need for the reform in the health care system.The three main goals of the PPACA are, (1) expand access to health insurance coverage, (2) improve affordability and sustainability for those who have health care insurance, and (3) control the rising costs of health care while up(p) quality (Cutler, 2010).Based on these goals, the health care providers, the insurance companies, the patients and the system itself will be affected. An important element in achieving this goal will be to look into from patients experiences and build the foundations for personalized care for the patients. (Hill, 2010). Cutler (2010) states, the initiative will require, partnership among researchers, clinicians, policy makers and regulators, and patients to design anintegrated information network system that will be the buttocks for providing the right treatment for the right patient in the right place at the right time (p.45). Thus with health care reform goals is to provide high quality of personalized care to the patient.ReferenceCutler, W. (2010). Thinking outside the pillboxmedication adherence as a priority for health care reform. New England Journal of Medicine, 362(17), 1553-1555. Orszag, P. (2010). Health care reform and cost control. New England Journal of Medicine, 363(7), 601-603.Hill, B. J. (2012). What is the meaning of he alth? Constitutional implications of defining medical necessity and internal health benefits under the affordable care act. American Journal of Law and Medicine, 38(2), 445-70. Retrieved from http//search.proquest.com/docview/1038820105?accountid=13931

Kellogg’s® Special K® Target Market Report Essay

IntroductionAs we know eat is one of our daily meals, it is the first meal of the day. However go up to this modern era we eat out the lifestyle to makeup our breakfast itself more enjoyable and healthily. Due to the enough alimentation contain in the breakfast cereal, nowadays most of the people are concentrate on it as taking it for breakfast. In this report, Im going to segment on breakfast cereal indus savor base on the combination of geographical, demographic, psychographic and behavioral variables. I would like besides select one production from the industry itself and describe how the product is positioned. The product that I have been chosen is Kelloggs supererogatory K, which is manufactured by The Kellogg Company itself.1.0 Segmentation TheorySegmentation as known as a process of distinguish buyers which differ in several ways into groups regarding to their needs, characteristics or behaviour. Market segments exist within feckly trade. As a marketer, they have to try to different class variables, alone and in combination to find out the best and most meaningful way to identify and analyze the market construction so it is more easily for marketer to achieve in ancestry market ( Kotler. P et al.2006, 218 ). A seller leave create a sort out marketing program for each buyer as classifying according to their personal preference. Market segmentation comes before the second step and third step, which is market targeting and market positioning in develop idea of targeting market. There are four main major variables to observe in order to analysis codr market segments, which is-( i ) Geographic segmentationGeographic segmentation will be analysing the different geographical such as region, metropolis size, population density and climate. Firms will go down to progress their market into region as one or a few geographic variables according to the geographical differences.( ii ) demographic segmentationDemographic segmentation consists of identifyi ng which variables which include age, gender, family sizes, family life cycle, income, occupation,education, religion and nationality. Demographic segmentation is the most popular element for segmentation analysis as consumer wants and demands are observe passim the demographic segmentation ( Kotler. P et al.2006, 230 ).( iii ) Psychographic segmentationPsychographic segmentation are divided into different groups based on socioeconomic, status, values, attitudes and lifestyle grouping and personality. Basically, psychographic segmentation is use to combine with early(a)s segmentation variables as to analysis consumer market segments.( iv ) Behavioural segmentationBehavioural segmentation that enables buyers to group which are purchase occasion, benefits sought, user status, engagement rate, loyalty status, readiness stage and attitude towards product. Behavioural variables also trusted as the best starting point to identify the market segments.As mentioned, segmentation is the el ement for attempt targeted market and effective marketing plans. Thus, a clear picture and a detailed analysis for the market segments enable a blind drunk to decide the marketing strategic in particular segments. Furthermore, a firm can also benefit from the multidimensional approach to market segmentation and the committed benefits are included better matching of customer needs, enhanced profits for business, better opportunities for growth, retain more customers, target marketing communications and lastly, gain partake in of the market segment. Eventually, a firm definitely will benefit from the multidimensional segmentation as they adopted it.2.0 Target Market IdentificationKelloggs limited K is a lightly toasted, lightly sweetened rice cereal, high in flavor sort of breakfast cereal. Basically, it contains 7 fundamental vitamins and minerals which are substantial nutrients that be supposed to contains in our breakfast.2.1 Geographical traitsTarget market for the product Kel loggs finical K are basically stressing on the urban city zone. Busyness lifestyle that implement by the residents closure in none alimentation breakfast taken as their very first meal of the day. Targeting on this particular issue, Kelloggs Special K are especially made-up for the urban residents. As we known, breakfast cereal can be taken quickly and Kelloggs Special K absolutely satisfy the time lacking issue in pragmatic lifestyle. Furthermore, sufficiently vitamins and minerals contained in Kelloggs Special K intent to replenish to the residents who lack of nutrients to go with daily activity. Currently, Kelloggs Special K is not only purchasable in nationally but also internationally and it considered as an internationalizations breakfast cereal.2.2 Demographic traitsBasically, Kelloggs Special K is designed for women who want to take the first step at breakfast to help manage their fake, yet theres no gender, age, life cycle, occupation, education, religion and nationalit y barrier. Kelloggs Special K can be consume by bothone who is concern overall condition in health, and this product especially recommended to the senior citizens and the busyness urban residents as it helps on boosting their metabolism. Nevertheless, the Kelloggs Special K product can only purchase by those who have higher income as it is sort of the luxury breakfast cereal and it definitely suitable for urban residents as most of them receive a high wages.2.3 Psychographic traitsKelloggs Special K consider as a luxury product as it appeal $16.40 for each and it is much suitable to consume by buyers who have a higher wages. Urban residents are wealthily and Kelloggs Special K fits them strong as the ingestion for their breakfast. Therefore, regarding to the study of VALS lifestyles, it involves study that measuring consumers main AIO dimensions, which is activities, interests and opinions. Kelloggs Special K is the higher level status product and it is most probably consume by those who are the higher and medium class in socioeconomics,which have luxury income and affordable for Kelloggs Special K. Kelloggs Special K consumers are human being who concern to live out an outstanding, sizeable and enjoyable lifestyle. They consume Kelloggs Special K as result in they attach importance to the essential vitamins and minerals, which are important as part of a balanced meal.2.4 Behavioural traitsPeople who consume Kelloggs Special K is much concern to health if compare to the others. Fundamental and various kind of vitamins and minerals become the major element of the consumption of Kelloggs Special K. In this compressive stressed century, people are too busy until there is insufficient time for them to take a breakfast. Yet, they need a product which sufficiency provided them the nutrients to start up their daily activity, and this is the purpose Kelloggs Special K made for. Most of the consumers reckon that Kelloggs Special K gives the essentials of a breakf ast and they trust in taking Kelloggs Special K is way better instead of eating the breakfast which prepared by themselves. Indirectly, it forms a fountain between the consumers and product, which is loyalty to the product. They trust, purchase and consume on Kelloggs Special K as Kelloggs Special K can lead them to an sublime lifestyle.3.0 Visually Representing the Target MarketKelloggs Special KGeographical traitsAs we can notice from the packaging of Kelloggs Special K, every single word on that particular packaging has been returned in English language printed on it as English is the common language in Australia. as well as that, English also cognizance as the international language in this century. Eventually it shows that the target market for the product Kelloggs Special K is secern into a lot of geographic variables all over the worldwide.Demographic traitsAs mentioned, Kelloggs Special K is sufficiency alimentation contained and its an excellent antecedent of 7 vitamin s and minerals. Thus, the target market for the product Kelloggs Special K itself is people who require abundance daily nutrients regardless to gender, age, life cycle, occupation, education, religion and nationality barrier. Kelloggs Special K contains just 17% sugar, meaning that one 30g serving contains just 5g per bowl, around 1 teaspoon this is much lower than that contained in other breakfast foods and half that contained in toast with jam (Special K Original. 2009) It is also 99% of fat free and especially recommended to the women, who keen to kick start to healthy weight management. A great deal in protein will also give them a boost to their metabolism. A malty taste plays a important section to allure their appetite as consuming an enjoyable breakfast. A perfect health weight managementPsychographic traitsNowadays, woman and ladies intend to manage their body shape and live out a healthier lifestyle. As we can see from the packaging, a 99% of fat free definitely will att ract the consumption by woman, as it is a simple and convenient weight management program. The K letter itself shows in artistic form to inspire the picture of a prefect body shape to the consumer. Besides that, a well looking packaging of Kelloggs Special K designed to deserve the purchase cost. It is also shows the schnozzle effect as consume it because it is one of the luxury breakfast cereal. All of these have been shown in the pictures of the part of psychographic traits.Behavioural traitsMost of the consumers have the some thought towards Kelloggs Special K product, which is lead them to a healthier and better standard of healths condition. The image of cereal which contains 7 fundamental vitamins and minerals will provide sufficient nutrients to the consumers to kick start their brand new day. It helps to form a healthy body by providing the essential nutritions as what written in the nutrition information panel.Reference listKotler, P. Adam, S. Brown, L. and Armstrong, G. 2 006. Pearson Education Australia. Principles of Marketing Analyzing consumer market segments.Kotler, P. Adam, S. Brown, L. and Armstrong, G. 2006. Pearson Education Australia. Principles of Marketing Market targeting.Market segmentation Why segment markets?http//tutor2u.net/business/marketing/segmentation_why.asp(Accessed September 1, 2009)Special K Originalhttp//www.kelloggs.co.uk/whatson/specialk/forum/nutrition/our-products/special- k-original/9230/view-topic.aspx (Accessed September 1, 2009)

Religion wealth and poverty Essay

(Ai) Outline the Hindu teachings on wealth and meagreness.To be wealthy is to sire a large amount of capital- enough to feed yourself and others. To suffer from poverty is to dedicate very little or no cash- not enough to feed yourself and fulfil your physiological needs.Hinduism is a religion, a culture and to umpteen, a fashion of life. Due to the globalisation of Hinduism, it has been brought into contact with a large variety of cultures and religions causing Hindu beliefs in atomic number 18as to be changed or completely removed. Because of this there be many views on the topic of wealth and poverty and some of these atomic number 18 outlined below.In most cultures the caste system is based on the amount of money or power the soulfulness has, for example in England there are ternary castes- upper, middle, and freeze off class. In Hinduism there are four castes and they are not based on wealth. These castes are called Varnas and they are in order of highest to lowest- Brahmin- these are the priests, teachers and the wise men.Kshatriya- these are the warriors, leaders and rulers. Vaisya- these are the traders, merchants, agricultural workers and other forms of commerce.Sudra- these are manual labourers, servants and beggars. This is the lowest caste.You cannot get a job which is not of your caste and you do not choose which caste to be in, only you are natural into it. You cannot change between castes in your lifetime. The only way to change between castes is to be reincarnated into another one. The cast you are reincarnated into depends on your karma. To get good karma, you have to follow your dharma (duty of your caste to get an appropriate job, to pray to God, to be a good citizen). If your karma is good you pull up stakes be born into a higher caste. If it is bad, you will be born into a lower caste.Because of this caste system, people in the lowest caste (Sudra) could not get enough money to feed themselves or their families because they were inferior and could not get much work. You would probably have to steal from the two middle classes (Vaisya and Kshatriya) as they were likely to have money. Because stealing is a crime, the person who stole would have to consecrate a fine they cant afford which would make them poorer and therefore more likely to steal or jester someone. Because of the crimes they are committing, they will get bad karma, causing them to live another life in this caste. In present day, the caste system is no nightlong used in most cities and urban areas. But in many villages, the caste system is still followed strongly.In Hinduism, money is not considered to be bad, but as a necessity to survive. It is natural to try and earn as much money as you can in the householder stage of life, to pay for your expenses. Many people pray to the Goddess Laxshmi who is the goddess of wealth and prosperity but what is wrong in Hinduism is to become greedy.Poverty is a huge problem in India as it has many beg gars who beg on the streets. Many people will not help them as they reckon that it is their fault that they are in that caste due to previous karma. But Gandhi said that we should help them as this improves our own karma by helping others. Giving away old clothes instead of throwing them in the salt away is a way of helping the poor.(Aii) Explain why there is a need for world development.The worlds countries can be separated into three main categoriesDeveloped countriesDeveloping countriesUndeveloped countries.Most of the developed countries are- the USA, Canada, western European countries and Australia. These countries are richer and have more advanced technology. They do not have a poverty problem and if there is, it would probably be relative poverty.The undeveloped countries can be referred to as third world countries. Most of these are in Africa and Asia. They have huge poverty problems- a mixture of both absolute and relative poverty. Relative poverty is when someone is co nsidered to be poor compared to others in their community. Absolute poverty is when the person cannot afford to buy enough food or shelter for himself or his family.As the countries which have mass poverty problems are very poor, they would borrow money from richer countries such as the USA. This would put the country into debt which would create a large amount of interest as money is unremarkably borrowed in millions or billions. One example is when Chile borrowed 3.9 billion dollars, and then ended up paying back a total of 12.8 billion dollars due to interest. That extra 9 billion dollars could have been used to speed up the development of the country.Because of this huge interest problem governments try to make enough money so they can pay of the debt as quickly as possible otherwise it will keep collecting up interest. One way to do this is to grow cash crops. Cash crops are crops grown to be sold rather than food for the people. The richer countries who buy them often buy the m at a lower price than the actual value because the countries are desperate to sell them. Some examples of cash crops are- coffee, cocoa, tobacco, sugar cane and cotton. Due to this many people starve as there is not enough food, so the country ends up borrowing again to pay for the importing of food.Also natural misfortunes can cause the desolation of houses, farmland, hospitals, schools and businesses. This would mean that the government would have to take out more debts to make repairs and to help the injured. Because of the contingency, the roads may not be safe to travel on so the government would have to use expensive transport such as helicopters in times of emergency.(Aiii) Analyse and explain the work of ONE Hindu agency working for world development.The Hindu agency which I will be talking about is BAPS Care International. BAPS Care International is a pilot ladder which became registered in the year 2000. it was previously set up 1950 and done charity work under the B APS Swaminarayan Sanstha. Their mission is to help disadvantaged families and communities mainly in India and they believe that everyone has the right to have a peaceful, dignified and healthy wayof life.They offer many services such as medical, educational, environmental, tribal, community services and disaster relief.BAPS Care International has achieved so much in these past years and here is a list of some of their greatest achievements.They haveover 610 000 patients interact yearly in their facilities.opened 14 hospitals, clinics and healthcare centres.made 11 mobile medical vans for remote communities.give free medicine and medical camps.support an emergency medical team and services.opened 10 schools, 8 colleges/institutions and 14 student hostels.supported 20 schools and colleges.built 55 schools.recycled 10 000 tons of paper.recycled 10 million aluminium cans.built 85 dams.planted 1.5 million trees.organised weekly meetings in youth centres.Also since the 1970s they have gi ven disaster relief for floods, famines, cyclones, plagues, droughts, ferry disasters, riots, earthquakes and the tsunami.(B) There should be no rich people as long as there is poverty in the world.

Remedies for Lazy Bones How to Get the Laziness Out of Your Students Essay

Teaching as a rewarding career bottom of the inning be frustrating sometimes when you have difficulty in motivating the students. This is even harder to those lazy students. Mentors are the ones responsible in treating these lazy bones among them. They should ride out with these students regardless of the difficulty of your effort. First, teachers should be open-minded. They should consider that students dont have only one subject that is your subject- and they have to think about their other subjects. They whitethorn have six or more subjects to think about and their teachers maybe also give them a delegate to accomplish.Teachers should understand that. Teachers may think that the task is easy, but you need not to forget that they also have other subjects, which might require more difficult tasks. Second, teachers should be good motivators, considering that students have unalike interests. Even the lazy students have motivations, and teachers should discover them. As much as te achers reward good students, they should also reward lazy students if they ever participate in class activities. These rewards should not necessarily be gifts or material. Just a praising word like good job is enough.When students feel an experience of home(a) accomplishment and satisfaction, he is more likely to become motivated. Third, they should give the students choices. They need to feel like they have some power and control over their educational experience. Let them work. Act as facilitator. Create opportunities where lazy students can participate. Do not only teach the students but get them involved in class. Teachers should believe important points The lazy students may not work-unless they are motivated. And, they have to give rewards for accomplishments. Otherwise, motivation may not continue.

A Contemporary Artist Essay

Laurie Anderson was born in Chicago in 1947. She is a conglomerate of talents music, writing, fiction, philosophy, sculpture and rent in one human comprise. The Bernard College in New York and the Columbia University share the fame of being Laurie Andersons alma mater. Her piece of cream has an artistic flavour and wins applaud for its substitution quality of mystery, melodrama and humor with contemporary theme. Laurie Andersons Theme Andersons goal was dissolving barriers between people. In one of her interview (2007) she said that all her work involves some kind of escapism, imagining a body to be somewhere else.Music reminds you about your body, unless it also takes you out of it. All art is a form of escape, but music is in particular. Some of her renowned performances are United States (I-IV), Speed of the Darkness, Moby Dick Songs and Poems, etc. motherland a Master Piece wiz of Laurie Andersons masterpieces Homeland in the year 2007 held sway over her audience for i ts contemporary theme. It is a scintillating 100-minute performance in which she sings, speaks, plays violin and keyboard. Theme of HomelandThe theme of Homeland ponders over the modern America, its withered freedom, its war on Iraq, and the issue of global warming. Laurie Andersons wit is revealed when she asks, Was the constitution written in concealed ink? Homeland portrays children being treated as crusaders of war a clear message that their future is at stake. She touches on the countrys misdirect path, bad rulers, and the civilians with troubled state of mind. Her song expresses that no real personal relationships are maintained. The consumer culture on the high is understood through her reference to underclothes gods.Homeland is a magnificent song with the combination of sweet choruses, soft violin & cello duets, and the maestro Peter Scherers keyboards. Homeland is gloomy but it has wit in it. It is an expression of fear and disappointment but is full of heart and soul. Homeland is a true reflection of our troubled times.ReferencesL. Anderson, personal communication, 2007. Retrieved February 7, 2009 from http//www. pbs. org/art21/artists/index. hypertext mark-up language Retrieved February 7, 2009 from http//www. musicianguide. com/biographies/1608002294/Laurie-Anderson. html

Communication Style Case Study Essay

confabulation style is the method used to deliver our messages to others. Its outcome is stirred by the style chosen by the individual to relay our message. The different styles are passive, assertive, aggressive, passive-aggressive. Throughout my experience in healthcare, I consume either mantrap or disciplinen part in different situations that used different styles of converse. There are three specific personal scenarios that come to mind when I think about the different styles of communication. First Personal ScenarioDuring a nursing school hospital rotation I was assigned to follow a registered nanny-goat and witness communication between the foster and lymph node. The nurse entered the clients room and without a courteous greeting such as good morning or a simple hello stated, Mrs. Jones here is your medication. The client responded, I do not want it. All you do all day is give me too lots medication. The nurse replied with a firm tone of voice and eye peal, You have t o take it. How do you expect to get better if you do not take your medicine? Both the nurse and client used aggressive communication. The nurse could prevent the conflict with the client had she initiated an assertive style of communication.To improve the communication the nurse should respond assertively with a moderate voice pitch, a relaxed body stance, acknowledge the clients stamps, and encourage the client to address her concerns (Arnold & Boggs, 2011). Also the nurse should explain wherefore the client is being given the medication to help the client understand the reason. According to Hansten and Jackson (2009), to make communication clear we must explain wherefore we need to take such actions. In this scenario the outcome using an aggressive style will lead to failure to achieve a client think therapeutic relationship. Instead the client feels that theycannot trust the nurse and respond aggressively. Trust is an essential component to a therapeutic relationship (Arnold & Boggs, 2011). Had the nurse approached the client with a simple greeting followed by the name of medication and the reason for taking it, perhaps the client would have been more willing to be compliant with the recommended care. endorse Personal ScenarioRecently I witness a situation where a nursing supporter was sitting at the nursing station and the nurse was manner of walking by holding medications and a water cup in her hand. The nurse asked the nursing partner, The call light is on in room five and I need to give another client his medications. Would you please see what the client needs. The nursing assistant crosses her arms and replies, I am tired of these lazy nurses. I always have to do everything. The nurse rolled her eyes and replied, Just do your job and do what I asked. In this situation the nursing assistant responded aggressively. The nurse first used the assertive style then replied using the aggressive style. Instead the nurse should have been consistent with an assertive response.For example she could of replied without rolling her eyes, using a medium voice pitch, abstain from insults, and acknowledge the other persons feelings (Hansten & Jackson, 2009). The other person is more likely to listen if they are not feeling insulted and preventing the conflict from escalating (Hansten & Jackson, 2009). Also, conflict should be addressed and not ignored to resolve it (Arford, 2005). In this situation the poor communication caused a lack of trust and took the rivet away from the clients care. This in turn can cause retaliation among peers and jeopardize part client care. Both conflicting parties are forgetting that their goal is to provide quality client focus care and collaboration is essential to deliver it. Collaboration helps accomplish better outcomes than one person alone (Arford, 2005). Third Personal ScenarioI had a personal situation where the doctor ordered for a twenty-four hour urine collection. The procedure involves collecting the urine immediately after the client voids and transferring it to a special container kept on ice, to preserve the urine. I informed my nursing assistant, I started a twenty-four hour urine collection in room 5. Can you please make sure tocheck frequently for urine in the bedside commode and place it in the collection container. The nursing assist replied, Ok. I will. The next age I went into the clients room I spy the ice where the container is kept had melted. I then replaced the ice and told my nursing assistant, I noticed the ice had melted in room five. Please check on the ice levels hourly. She replied, Ok. I will. It seemed as if every time I checked on the ice levels they had melted. I found myself frustrated and ended replacing the ice myself to get the job done correctly. I realize now that my communication with my assistant was non-assertive.My assistant was passive in her response. I failed to assess my assistants level of understanding of the procedure and instead I lost trust and became frustrated. Communication should be clear, complete and explain why we need a task done a certain way (Hansten & Jackson, 2009). If I would of taken the extra time to explain the reason why we keep specimens on ice perhaps my assistant would of taken the time to do the task. In return I would have been able to attend to others duties had I been able to trust my assistant. Instead my message was incomplete and my reaction demonstrated a lack of trust toward my assistant.ReferencesArford, P. H. (2005, March/April). Nurse-physician communication An organizational accountability. Nursing Economics, 23(2), 72-77. Retrieved on March 16, 2014, from http//search.proquest.com.ezproxy.apollolibrary.com/docview/2369346accountid=458 Arnold, E., & Boggs, K. U. (2011). Interpersonal relationships Professional communication skills for nurses (6th ed.). St. Louis, MO Elsevier/Saunders. Hansten, R. I., & Jackson, M. (2009). Clinical delegation skills A handbook for professio nal practice (4th ed.). Boston, MA Jones and Bartlett Learning.

Exchange Student in Japan

Being an exchange student in Japan is considered as a life-changing experience for me. Its like a great prize Ive been given. My whole experience so far has been abosolutely wonderful. Studying abroad is not a common show education. It taught me life and gave me a lot experinces. Having a year during exchange allowed me to infer out of the box and think deeply about what I desire to discover in the future.Moreover, Ive learnt many new things such as Japanese language which has improved very fast as time has gone, puzzle out problem skill, or receiving an education in another teaching style which is completely different from my home. Im very thankful for everything. However, there were some problems and obstacles happened to me. I was experienced a post of home sickness because it was my first time living really far from home so it was very hard at first. But I got retrieve very quickly because I had nice friends and Kyoto people atomic number 18 very nice and welcoming. And ot her problems that I wasnt expected before.After I retuned home, I attentiveness that I could use what Ive learnt from this exchange program to fulfill and to lead my life to a better position.Accomplishment of Objectives1. Objectives and Significance Describe the objectives and significance of the overseas essay you implemented.First, I would like to have an opportunity to learn new languages apart from English which could be a special skill in the future. I believed that beingness in a language society that we indispensableness to learn will improve language skills in real life rather than studying in Thailand. As I was being surrounded by Japapese language every day including speaking and listening in the right context. Language learning took place very quickly under these environments.As the result, I am be able to communicate in Japanese even Im not so fluently but it has improved much more(prenominal) than I expected. The second is I think that studying abroad would help m e to open up the new worldview that I never had before both inside and outside classrooms. Studying in Japan gave me an experience with different education systems. There was an opportunity to choose courses that ar not taught in Thailand and I got a very good education by studying in particular subjects with professors who have different teaching styles which are totally different from my home university.This allows me to study more effectively in the new way and extend my ideas and attitutes. Third, I would like to have an opportunity to gain friends with people all around the would who speak different languages and have different backgrounds so we could learn something new and exchange ideas, attitudes to each other because culture is more than just a language but include lifestyle, belief, values and habits of people in the society. I learnt how to communicate in new more ways. Not unaccompanied speaking but also using body-languages and gesture in order to express my own opi nions and to interact with people who have different background to study others clearly.And these have been developing my interpersonal skills. I feel like I could communicate easily with anybody right now. The last is I expected to improve myself to be more mature and more stronger. As when I was in Thailand, my parent always give me supports whenever I need help so that I want to practice to rely on myself and I want to try seeing things differently. Plus, I got a chance to discover new strengths and face new challenges including solving problems under unfamiliar situations. Finally, I returned home with a wider perspective and Ive became more open-minded, confident in myself and choices Ive made.Future PerspectivesDescribe briefly whether you could achieve your goals as they were initially planned. Also, explain clearly how to utilize the accomplishments of this opportunity, such as scholarly paper, dissertation or presentation at a conference.As Ive gained so many experiences a nd life-long noesis from this exchange program, I wish these experiences could help me achieve my future goals which are the future career and I want to further my study abroad. When I was in Japan, Ive seen the interesting study style and saw how other students do presentations in class. Therefore, Ive got many interesting ideas and that was really attract me to continue my studies abroad because I think therere so many things that I havent explored yet. Moreover, It helped me working on my dissertation more efficiently since Ive talked to many professors in Kyoto university and they gave me a lot of suggestions about doing a dissertation.

World War Two and the B-24 Bomber

several(prenominal) glorycraft from the World War Two era retain achieved iconic status. The F4U Corsair, TBM Avenger and the B-17 and B-29 Super fortresses are wholly legendary in their service for the Allied cause. There is another such aircraft that never achieved the fame of those mentioned but was sarcastic to the consort struggle effort none the less. The Consolidated B-24 Liberator was the work horse of the Allied fleet. Its entrance into the contend came at a critical and vulner up to(p) clock for Allied survival in Europe. After proving its say-so in early missions the B-24 would go on to be used in all theatres of the conflict.It was the close numerous, most versatile and possibly the most efficient Allied tied(p) of World War Two. The Design degree The B-24 bomber was figureed as part of the strategical bombard plans drawn up by the Allies in the 1930s. Built by Consolidated Aircraft of Ypsilanti, Michigan, the bomber took its first flight in late celestial latitude of 1939. Consolidated was a subsidiary of the carrefour Motor Comp both, an icon of American business. The Ford factory was able to bewilder more than four hundred B-24s per month. By 1941 the horizontal would enter wartime service. High demand in 1942-43 prompted Consolidated to expand its production facilities.The San Diego plant was increased to three times its original size. A new-fanglight-emitting diode plant was built in Fort Worth, Texas. The flagship plant was built in Willow Run, Michigan in 1942. At the time this plant was the largest industrial plant of any kind in the fall in States. In the process thousands of Americans were fructify to work. The vastness of the Willow Run Plant do for some interesting accommodations. At a certain point in the assembly line the planes would be mechanically turned at a right angle. The purpose was to avoid having the planes crossing into a neighboring county where taxes were higher.Consolidated had received the contract to produce the B-17 bomber only one year earlier in 1938. After examining the capabilities of the B-17, the Army requested a faster and higher flying plane. The updated plans would pull up stakes in the building of the B-24 Liberator. Designed as a strategic heavy bomber the airplane was affectionately referred to as the Lumbering Lib by the RAF pilots who used it to patrol the Atlantic. 2 Liberator would then be incorporated officially as part of the aircrafts name. The plane almost this instant went into heavy production. A mainstay of the Army andNavy air forces, it was overly used by the RAF (Royal Air Force) and the RCAF (Royal Canadian Air Force). The plane cost ab divulge $300,000 to build. By wars end over 19,000 B-24s had been built 3. This exceeds the total of any other Allied aircraft. 1. Philip Makanna. 1995. Ghosts in the Skies Aviation of the blink of an eye World War. (San Francisco Chronicle Books), p. 156. 2. Philip Makanna. 1995. Ghosts in the Skies Aviation of the trice World War. (San Francisco Chronicle Books), p. 157. 3. Bill Gunston. 2000. muniment of military machine Aviation. (London Hamlyn Pub. ), p. 93.Bomber design was still in its infancy and the B-24 did have some problems. It was prone to fire due to the placement of its fuel tanks. The only way to enter or exit the plane was through the bomb bay, a difficult proposition in a crisis situation. It was also somewhat cumbersome to fly. The planes designers had to make these tradeoffs in order to maximize the procedure and the grand bunk content of the aircraft. The plane was also somewhat vulnerable to enemy fire, given its relatively whippersnapper construction. The high meridian capability of the plane helped minimize this threat.There were a substantial number of orders for the plane plane so while it was still only a prototype. In addition to the three dozen ordered by the Army, the French and British had each ordered more than three times that number. The French order was get down short by the German invasion in 1940. The British received their order and immediately put the planes to use on critical missions. Introduction to the War Ultimately, the B-24 would serve a wide ranging bureau in all corners of the conflict. It would be used to equip 45 groups all over the existence 4. The initial role for the B-24 was to conduct deep ocean patrols.The British were in dire need of a long range patrol aircraft, Prior to the arrival of B-24s in the Atlantic, German U-boats were wreaking havoc on Allied shipping. British reconnaissance activities had a limited range. The arrival of the B-24 allowed the Royal Air Force to patrol much farther out into the ocean. As a result the U-boats were driven back into areas where they could be more easily targeted. The ultimate result was impressive The arrival of radar-equipped RAF B-24s in _____________________________________________________________________ 4. Bill Gunston. 2000. History of war machine A viation.(London Hamlyn Pub. ), p. 93. Irelandtemporarily ended sinkings in the eastern 5. In 1942 the British began to use the B-24 in long-range bombing missions in the Middle East. Up to this time the plane had primarily served in recon and ship functions. American entry in to the war also led to a buildup of forces in England. Had the RAF Atlantic patrols not been proceedsive it is likely that the buildup would have taken much all-night and Britain may have been lost. The Mighty Eighth was among the early American air groups transferred to Britain 6. The eighth brought with them numerous B-17s and B-24s.As the British and American forces continued to strain their footing, their mission would gradually evolve from the Atlantic patrols to the long range bombing missions over Germany. In the early years of the war radar equipped B-24s proved more than a match for the German U-boat menace. The RAF was able to drive the U-boats out of the middle Atlantic, at least for a while. Th e Germans would make modifications to U-boat strategy to counter the effects of the B-24s, but safe passage for shipping at this vital stage would play an important role in stemming the German tide.The British were able to gain their footing and the Americans were able to get a foothold in Europe. By defeating u-boats, the allies established domination of the Atlantic, Saved Britain and made possible the invasion of Nazi-occupied Europe. 7 _______________________________________________________________________________________________________ 5. Charles Gross. 2002. American war machine Aviation The Indispensable Arm. (College Station, TX Texas A&M University Press), p. 106. 6. Bill Gunston. 2000. History of Military Aviation. (London Hamlyn Pub. ), p. 93. 7. Charles Gross. 2002.American Military Aviation The Indispensable Arm. (College Station, TX Texas A&M University Press), p. 207. The plane would also become a key asset in the Pacific theater. With the B-29 still in training, U. S. forces demand a long-range bomber to cover the vast distances of the Pacific Ocean. As additional bombers came on-line, the B-24 proved especially amenable to modification for different purposes. In that sense It was altogether more versatile than the B-17 and B-29 8. In the Pacific, the B-24 was considered the modular heavy bomber. Range was a primary asset of the B-24.Its ability to complete 2,000 mile missions without refueling made it possible to conduct missions far out at sea or over hostile territory. The plane could carry over 8,000 pounds of bombs. For defensive purposes, it was armed with ten . 50 caliber machine guns. The B-24 had been among the early genesis of long-range bombers developed in between World Wars one and two. Even so, the aircraft boasted many new innovations and capabilities. Its design also allowed for great flexibility of use. Some B-24s were modified for use in reconnaissance missions. Their high altitude capabilities added to their effectiven ess in this role.The B-24s engines also had the power for the plane to be used in transport of materials and personnel. A few were used as fuel tankers. The B-24 was even used as a VIP transport plane. The Prime Minister of Britain, Winston Churchill, used one as his personal transport plane. Turbo supercharged engines were first added to the XB-24B toughie along with body armor and self sealing tanks. Power driven turrets and additional nose guns were added to the 24C. The development of the Norden bombsight enabled the B-24 to drop its bombs accurately from a vertical distance of up to five miles.All in all the B-24 8. Christopher Chant. 1992. The Military History of the United States (Vol. 9). (New York Marshall Cavendish), p. 91. Liberator was a fearsome weapon of war. The Liberator had the defensive firepower and high altitude performance to fight their way through screens of Axis fighters and then deliver their bombs with pinpoint accuracy. 9 The B-24H produced in 1943 was an even more formidable weapon. This version had a power-operated gun turret in the nose of the aircraft. It also had an political machine pilot system and a refueling system.An improved version of the Norden bombsight provided even better bomb accuracy. outline and Conclusion The B-24 Liberator filled a critical gap in the offensive and defensive capabilities of the Allied air forces. It was heavily relied upon throughout the war. In the early part of the war it provided a vital strike capability against the German U-boats in the Atlantic. The B-24 also proved itself in peace time. It was used well into the 1950s by the Coast Guard for rescue and weather recon missions. Near the end of the war and half a world away a B-24 launched the first radar guided air to ground missile in 1945.At the arising of the war long-range bombing formation tactics were still in their infancy. Losses for the B-17 and the B-24 were high. As the war continued, tactics improved and the B-24 in particular became more effective. The B-24 was flexible enough to be used in all theaters of the war. Not only was it a constant presence in Europe and the Pacific it also performed well in Africa, India and the Middle East. The Liberator ultimately made its name in the Battle of the Atlantic. The Atlantic ________________________________________________________________________ 9. Christopher Chant. 1992.The Military History of the United States (Vol. 9). (New York Marshall Cavendish), p. 126. Gap was an area of the ocean where German submarines had previously operated with impunity. This threatened to apologise of England from critical military and humanitarian supplies. The B-24 was the first aircraft with the range to effectively patrol the gap. For this reason it has been credited by some with saving Britain. It is possible that without them, attrition could have weakened Britain to the point where they were vulnerable to invasion. The redesigns of the B-24 were both effective and creati ve.Many of the ideas for these modifications came from soldiers in the field. In one example, soldiers used a damaged B-24 to design a transport plane. lynchpin in the United States, Consolidated put their ideas into mass production. The B-24 was rugged, innovative and flexible. It might be argued that its greatest effect on the war came from the sheer number of planes produced. More B-24s flew in the war than any other plane. The Ford Motor company was the unquestioned master of mass production. It had an unrivaled ability to produce huge number of machines very quickly.It is this type of industrial might that eventually overwhelmed the Axis powers. The B-24 Liberator was symbolic of that power. Notes 1. Philip Makanna. 1995. Ghosts in the Skies Aviation of the Second World War. (San Francisco Chronicle Books), p. 156. 2. Philip Makanna. 1995. Ghosts in the Skies Aviation of the Second World War. (San Francisco Chronicle Books), p. 157. 3. Bill Gunston. 2000. History of Military Aviation. (London Hamlyn Pub. ), p. 93. 4. Bill Gunston. 2000. History of Military Aviation. (London Hamlyn Pub. ), p. 93. 5. Charles Gross. 2002.American Military Aviation The Indispensable Arm. (College Station, TX Texas A&M University Press), p. 106. 6. Bill Gunston. 2000. History of Military Aviation. (London Hamlyn Pub. ), p. 93. 7. Charles Gross. 2002. American Military Aviation The Indispensable Arm. (College Station, TX Texas A&M University Press), p. 207. 8. Christopher Chant. 1992. The Military History of the United States (Vol. 9). (New York Marshall Cavendish), p. 91. 9. Christopher Chant. 1992. The Military History of the United States (Vol. 9). (New York Marshall Cavendish), p. 126.

Tennis Ball Drop

Tennis Ball interrogative Goal Purpose When received this lab we had to come up with an examine that would have to involve examen two tennis gawks but adept of the tennis crackpot had to be altered in one way. The way we tested the tennis ball was by drop them from a certain height and eyesight how high they bounce back up. We then would make a graph and then visit the kindred between the data.Once finding the relationship we can then linearity the data. This was initial practice for our next ELSE. Variables Our autarkical variable for this experiment was the height we had dropped tooth of the tennis balls from. The dependent variable was the tennis balls. One of them we left full and the other one was soaked In water before each drop. Procedure To setup the experiment we had to use three measurement sticks and two standard tennis balls.We took all three of the meter sticks reorient them vertically up against the wall. Taping them into place we were then able to use th em to measure the height of the dropping point. Using our eye sight we had to determine how far up the ball bounced up on the meter stick. We then proceeded to find three appropriate heights to drop then tennis ball at. displace it three times at each height and then averaging the data. On the soaked tennis ball we would soak the ball for two seconds before each drop.We also measured the free weight of each ball before dropping them. After doing this 3 times each and receiving our averages we were able to create our data and see the relationship between the two. Data The ball that wasnt soaked weighed and average of 5. 4 grams. The soaked ball averaged the weight of 5. 9 grams.

Copyright Law and Industrial Design Essay

mental hospitalThe history of keen blank space honor represents, in its essence a bargain between the interests of nightspot from being able to utilize and copy innovations, and literary and graphicsistic arrive atings, and the interest in comforting the service to the seeer so as to stimulate further such work. En consummationment of copy full legislation was non establish upon whatever natural in force(p) that the write has upon his writings exactly upon the ground that the welf are of the humankind volition be better served by securing to origins for limited periods the exclusive respectables to their writings. prop castigates represent the principal vehicle for enabling creators and producers to appropriate the harbor of their efforts.Preserving a delicate oddment therefore, is of paramount immensity. However, intellect situation rights engender, in certain circumstances, begun to overlap and provide simultaneous or sequential certificate for what soever inventive and seminal working mainly by accretion rather than function. The traditional channeling cheaticle of faiths usaged to determine which eye socket protects a certain interest prepare had their boundaries blurred, and overlapping areas has become a phenomenon, its most prominent manifestation being the overlap of surety afforded to anatomys beneath the target polices and the right of first publication rightfulnesss.This paper, by tracing the source and genesis of the rights afforded to industrial inventions, the varying temper of the egis afforded and the rationale behind it, will attempt to argue that the conceptual detachment between the protectability of procureable works and human bodys necessitates a very unforgiving exclusion of whatever designs or utilize cheatwork to be removed from the ambit of procure security agreement. By clear(p)ing up the confusion surrounding the fair play of schooling of designs and the ambiguous natur e of the trade auspices afforded which has led to the current status of overlapping breastplate, the paper will present an overview of its implications and defend status quo.The Origin of intention and right of first publicationStemming from the age old understanding of dimension rights and the entitlements carved thereto, the very basis of right of first publication virtue is to all(a)ow 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 preservenot enjoy the monopoly forever. This concept of a limited right is of grave importance in this paper, since the growing of various strands of virtue is crucially linked to its limitation. copyright legal philosophy of nature then, evolved to go aroundow upon the creator the right to distri scarcee, to perform, display and to prepare derivative works based upon the r ight of first publicationed work and prohibit all unauthorized, sparingally signifi offert uses of procureed works. Copyright virtuefulness has traditionally had a utilizable oblige riddance. agree to the legislative history of the 1976 Copyright diddle, the train of excluding utile holds from copyright ram fictional character was to draw as clear a line as doable between copyrightable works of applied art and uncopyrightable works of industrial design. The objectiveive of excluding useful expressions was primordially linked to the nature of copyright itself, which protected art for arts sake, the mere expression. The typical philosophy of copyright law certificate applied lone(prenominal) to art, where the sole habit of the art was its aesthetical value and was extended that gradually, and against considerable opposition, to works of art applied to industry.The dissolution of beauty from service program was opposed on the ground that art remained art even w hen applied to useful objects. But the fundamental object of the design being economic aims, it only came into its own when the industrial re advanceding had make it possible to reproduce useful names in series and which then assumed the eminently virtual(a) task of summation sales of goods on the general point of intersections market. industrial design, made for a commercial-grade object, did not qualify and were ceaselessly dis pendant from the wide ambit of copyright tribute. It was considered appropriate to treat esthetic works applied to products produced in certain industries separately from other works which enjoyed full copyright protection.For the simple motive of being applied art, being body forth in a useful name and necessitating a variant approach, design law evolved from copyright as an exclusion for aesthetical designs applied to specific classes of industrial goods, or goods inside art objecticular industries. In obtaining protection, the design had to satisfy the requirements of novelty, non obviousness and creativity. Essentially put onn 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 design or an industrial design marrow features of shape, configuration, pattern or ornament and all combination of those features that, in a finished article, draw 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 move on protection to the aesthetic appearance, nevertheless not the function, of the whole or parts of a bring to passd article. The visual impact or result 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 expert happen upond b y ornamentation and the like, and when the design entangled 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 complaisance of which monopoly is aimed was unavoidable to be submitted. The required level of originality for a design to qualify is disputed. While in roughly causal agencys, 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 last mentioned requirement much truly reflects the incidents of the law, since the separability synopsis requires that decorative features be identifiable.Design safeguard Its principle and IncidentsDesign 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 epitome, 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 manu facture 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 study of design law and thus, its relation and dependence upon the usable smell 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 mount that the separability analysis acquires significance. Doctrine of Separabi lity wholeness of Art and Theory of Disocciation The mere expression of the design as an esthetic work would receive protection under copyright, but where the article embodying the design did not suck 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 useful aspect of the article would receive protection, otherwise the aesthetic appeal of a useful article would go unmarked since the functionality doctrine negates the aims of copyright law.Design law protected any feature of the design which was dictated alone by the dictates of functionality would not receive protection, since it was the creative nature of the design which was desire to be protected, and not the complete 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 gl ossed over the co relative incidence of ornamental designs of useful articles to industrial property, an affinity recognized by the Paris Union at the external Convention for the testimonial of Industrial Property in 1883. The doctrine of separability, as developed in the context of copyright law is of large(p) 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 internal 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 comparable functionality is dependent of being obtained from a opposite 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 observable 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 with step forward destroying the basic shape of the useful article.Of course, all industrial designs are 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 cogitate 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 OverlapIts genesis and treatmentThe Indian Copyright Act provide s 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 fitting 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 tasty work and hence, case law had to specify that the exclusionary clause did not include aesthetic 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 similarly 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, whet her copyright or design, the latter more alike to unmixed protection.The point at which an object became commercialised, and part of industry, the terms and nature of capable 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 pitiableer 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 tha t, an expression, copyright protection existed. Its materialization in a functional article created by an industrial process, reduced the term of monopolistic privileges yielded to its creator. Thus, even if the protection was to the artistic design, its relation to the product cannot be divorced.A compromiseThe controversy surrounding the overlap between copyright and design protection and the issues within it stem from a basic confusion of the objectives behind both display cases 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 pro perty rights than are needed to obtain the desired quantity and quality of works would inspect 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 colouringable 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 aegis or Under Protection?The duality of art guesswork that ornamental designs were normally ineligible for copyright protection because their dependence on useful articles made them generally 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 traditionall y 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 change magnitude sales of goods on the general products 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 sign 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 effigy of design law despi te the repeated attempts to focus on the separable, aesthetic aspects of it. The answer 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 right 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 loaded requirements of copyright went against that.The flexible treatment to wins under patent law is not afforded to designs, and hence, the scope of innovation is r estricted. abridge scope of protection is necessary to avoid defend style trends of which the protected design is a part. The undefinable 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 sparing RippleTraditionally, the right to copyright protection is premised on a claim that certain industrial designs are empower to legal citation 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 attached administration 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 gene ral 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 elicit 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 affinity from the law of patent proves this point. Patent doctrines such as the rule of blocking patents and the reverse doctrine of equivalents twist some protection to the developers of significant or radical ameliorations who can thereby allocate gains from their invention.Copyright doctrine however, extends to cover any copy or adaptation or alteration of the original that is nonetheless advantageous ly similar to the original work. An important difference between copyright and registered designs is that the latter can be implement 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 distinguishable from it, regardless of whether that other party copied from the owner or created his own registered design independently.The right is thus essentially different from unregistered design right and copyright for both of which copying is an essential ingredient for infringement. The lovely 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. propelling societies need small improvements and massive breakthroughs in art and technology to pros per. Yet it is difficult to develop incentives that can spur the less dramatic lineament of creativity without imposing crippling costs.For instance, subtle innovations usually engender small benefits that are exceeded even by the mere cost of administering a property rule. In addition, the edge 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 sixsome months of protection to designs creates a much greater distortion in the incentives for developing commercial art which is not the case in copyright.ConclusionThe handiness of overlapping intellectual property protection in all of its forms presents a serious threat to the goals and purposes of federal intellectual property insurance insurance policy and must(prenominal) be communicate as a single issue. The 1842 act, instead of re defining designs to prevent overlap, the interpretation was left free but was subject to an express exclusion of all designs covered by the other Acts thereby necessitating recitation 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 bloodline within their jurisdictional sweep.The legal history of industrial art in the twentieth century is an effort to establi sh 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 incorrect conflict between art and industry. By fighting for the artistic value of a shape, one has purportedly 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.BibliographyBooksP. Goldstein, Copyright (2nd edn., Vol 1.New York Aspen natural law and Business cc2). S. P. Ladas, Patents, Trademarks and Related Rights home(a) and International Protection (Harvard Harvard University Press 1975). Laddie, Prescott, Vitoria, The groundbreaking jurisprudence of Copyrights and Designs (3rd ed., Vol. 2, London Butterworths 2000). B. L. Wadhera, law of nature Relating to Patents, Trademarks, Copyright, Designs and Geographical Indications (New Delhi Universal publication Co. Pvt. Ltd 2004) M. Howe, Q.C, Russell, Clarke and Howe on Industrial Designs (7th edn., London beatific and Maxwell 2005). namesV.R. Moffat, Mutant Copyrights and Backdoor Patents The puzzle of Overlapping ingenious Protection 19 Berkeley engineering integrity diary 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, th e article describes the bargain that is struck between the society and the artificer / 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, Forms of Redress for Design Piracy How Victims can use existing Copyright equity 21 Seattle University legal philosophy brush up 113 (1997). The article looks at the various forms of protection available to the designers of wearing apparel, 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 off the beaten track(predicate) 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, Designers Should Strive to Create Useless Products Using the Useful Article Doctrine to vacate Separability Analysis 51 South Texas Law appraise 493 (2009).The article deals in detail with the irony of the unfitness 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 discriminative treatment of the same. It starts with a legal brief description of the history of the development of the law of industrial designs, the lacunae that existed previously collect 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 real 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. Whither Industrial Design 14 intelligent 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 ov erlap 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 succeed 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, Registration of Designs Need a Fresh Look 32(1&2) Indian pub 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, Protection of Industrial Designs as cerebral 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 side of meat Law.It gives a short description of the fugitive 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, Copyright and Industrial Design An option Designs Alternative 30 capital of South Carolina Journal of Law and the humanities 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 truly 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 a ppearance, 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 courts subjective notion of what constitutes art who go by traditional choices and the author demonstrates the dangers of this approach. G. Scanlan, S. Gale, Industrial Design and the Design Directive Continuing and in store(predicate) 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 b etween copyright, registered and unregistered designs, the differing treatment of works of artistic wiliness 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, Design Protection in Domestic and Foreign Copyright Law From the Berne revise 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 regularize 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 over protection 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 figure 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, A Consideration of Copyright 87 University of protoactinium 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 t he idea / expression dichotomy in the law of copyright and demonstrates how this demarcates the bourne of copyright protection. The elements of copyright, as draw 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, Not such a silky Corkscrew? Sheldon v. Metrokane and the location of Industrial Designs as full treatment 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 art icle also cited some interpretations of the case, which, it viewed as misplaces and suggested a differing analysis of the opinion. S.W. Ackerman, 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 crossbreed theory of patent and copyright to protect designs sufficiently and justifiably which encourage the creation of designs by providing ri ghts to protect against commercial exploitation but not extending those rights to the utilitarian features of the protected article. J.C. Kromer, Claiming Intellectual Property 76 University of scratch 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 inventors 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 inventions 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, Of Industrious Authors and misrepresented 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 true 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 i n either of the regimes since they show limited openness to intangible products of industry. The revue 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, 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 unceasing copyright and indefinitely renewable copyright. Although the latter concept could turn into the former under very specialize conditions, the article argues that the resulting benefit accruing to the author / artist i s 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, Originality and utilitarian Works The Uneasy Relationship between Copyright Law and Unfair Competition 1 University of capital of Canada engine room 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 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 utilitari an 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, Where Copyright and Design Patent Meet 52 wampum 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 invo lved 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, 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, 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 differentiate understan ding 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 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 nonlegal 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 propos es alternative models to make the boundary between imitation and improvement clearer and leave less to the discretion of the courts. N. Snow, 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, 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 sign 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 respectable 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 spotless 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 CasesEnglish CasesDa star Corp. v. Twentieth Century make Film CorpThe complainant sought trademark protection for its World War II photograph 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 arrant(a) copyright. The Court termed this perpetual protection a mutant copyright and held that to permit trademark protection following the expiration of acopyright would infringe upon the publics 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 diversity 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 Thomsons poem, The Seasons by Robert Taylor, and the booksellers won a tender 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. later the expiry of Le Creusets patent for a lever-action corkscrew, Metrokane pursue a designer to design a new corkscrew with the mechanics of le creuset but with greater aesthetic appeal, and beauty resulting in the das corkscrew.The case involved a challenge of copyright infringement of Metrokanes 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 fashion a new encasement, the primary purpose remained commercial and hence protection could not be obtained. still the encasement was attractive, and although co nceptually separable, the good relied on the mechanism which was in the public domain. Copyright protection to the undefiled 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 hit 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 primary and subsidiary portions of the useful articles and held that since they were conceptually separable, in that the primary ornam ental 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 scar 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 elect 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 add together itself to even marginally increased utility over the design alternatives. The final verdict went againt the plaintiffs in this analysis.Indian casesSamsonite Corporation v. Vijay Sales 73 (1998) D LT 732.The case concerned the alleged infringement of the plaintiffs 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 plaintiffs 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 flyer 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 far-famed 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 m anufactured 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 designs 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 healthful 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 relinquish brochures depi cting the exact same product using the exact same shape. The Court ruled against the plaintiffs, determination 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 plaintiffs production, no right was infringed. 2 . P. Goldstein, Copyright 135 (2nd edn., Vol 1.New York Aspen Law and Business 2002). 3 . Ibid at 144. 4 . V.R. Moffat, 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 . in a higher place sto ck 1 at 110. 7 . P.K. Schalestock, 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, 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. 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 desi gns was considered to be a part of copyright. 14 . Dr. Ramesh, 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, Copyright and Industrial Design An Alternative Designs Alternative 30 Columbia Journal of Law and the Arts 49, 61 (2006). 17 . S.W. Ackerman, Protection of the Design of Useful Articles Current Inadequacies and Proposes Solutions 11 Hofstra Lew Review 1043, 1061 (1983). 18 . S.H.S. Leong, Protection of Industrial Designs as Intellectual Property Rights Journal of Business Law 239,243 (2003). 19 . to a higher place punct uate 16 at 1053. 20 . higher up billet 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, Industrial Design and the Design Directive Continuing and Future Problems in Design Journal of Business Law 91,97 (2005). 27 . J.H. Reichman, Design Protection in D omestic 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, 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, 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 o f 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, Claiming Intellectual Property 76 University of Chicago Law Review 719, 731 (2009). 43 . J.P. Mikkus, 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, scatty subsidies, creatorswill 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 140. 46 . Dastar Corp. v. Twentieth Century Fox Film Corp 539 U.S. 23 (2003). 47 . W. M. Landes, R. A. Posner, Indefinitely Renewable Copyright 70 University of Chicago Law Review 471, 475-76 (2003). 48 . T. Scassa, Originality and Utilitarian Works The Uneasy Relationship between Copyright Law and Unfair Competition 1 University of Ottawa Technology Law Journal 51, 60 (2004). 49 . Supra note 8 at 37. 50 . Supra note 27 at 935. 51 . Supra note 26 at 1178 52 . Supra note 7 at 493. 53 . P. Borderland, Where Copyright and Design Patent Meet 52 Michigan Law Review 33, 43 (1953). 54 . J.H. Reichman, Legal Hybrids between the Copyright and Patent Paradigms 94 Columbia Law Review 2432, 2463 (1994) Samsonite Corpora tion v. Vijay Sales 73 (1998) DLT 732. 55 . Supra note 26 at 1143. 56 . Supra note 53 at 2504. 57 . Supra note 26 at 1160. 58 . Supra note 42 at 193. 59 . M.A. Lemley The Economics of Improvement in Intellectual Property Law 79 Texas Law Review 989,996 (1997). 60 . P.J. Saidman, The Crisis in the Law of Designs 89 Journal of the Patent and Trademark Office Society 301, 310 (2007). 61 . Supra note 38 at 73. 62 . N. Snow, Proving Fair Use as a Burden of Speech 31 Cardozo Law Review 1781, 1786 (2010). 63 . G.N. Magliocca, 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.