Saturday, January 25, 2020
A Nigger No Longer Caged :: Graduate Admissions Essays
A Nigger No Longer Caged I taught myself to read when I was twenty years old. The book I started with was I Know Why the Caged Bird Sings, by Maya Angelou. I was raised in Huntington, West Virginia. Living in Huntington was like living at the bottom of a bottomless pit. The hills defining our valley town were four insurmountable walls, imprisoning me in that special hell reserved for children of miscegenation. My mother had broken one of Huntington's greatest taboos - she had mothered three children by a black man. After three kids and numerous beatings, my mother bravely left him. Disowned by her family and ostracized by the larger white community, her strength did not last long; she started on the long road to alcohol and drug dependency. My mother did not suffer in silence; instead, she passed on to us the tainted wisdom that her parents gave to her. Her most frequent reminder to us was, "You're not worth anything, you will never be worth anything, because you're niggers!" We rarely had food, and many winters we had no working gas for heat or hot water. My mother would conveniently go stay at her boyfriend's for weeks at a time. Sometimes she would leave me ten or fifteen dollars, and I would buy a week's worth of food: cereal and milk, hamburger, bread, and potato chips, and Little Debbie snack cakes. When that ran out, my brothers and I had some pretty crafty ways of finding more: talking my father out of some money, begging, or stealing. My mother had a house in the white part of town, about a block from the geographic dividing line, so we went to the white school. I was one of three blacks in the entire high school. I remember my welcome sign the first day of school: "GO TO HERSHEY HIGH NIGGER" spray painted on my locker, signed in red by the KKK. In my junior year the school decided to celebrate Black History Month by devoting one afternoon's history class to a discussion of Black achievements. I was so anxious and excited. I was hoping to learn something more than the words of Dr. King's "I Have a Dream" speech. My excitement was quickly shot down as my teacher turned to the only Black in the class - me - and asked if I had anything to offer.
Friday, January 17, 2020
Group Dynamics in 12 Angry Men Essay
The 1957 Sidney Lumet directed classic 12 Angry Men, the film adaptation of a stage drama from a few years prior, is centered logistically and physically around an uncomfortably diverse set of men with a common goal of achieving a jury verdict in a murder trial. Representing the greatest of organizational challenges, the plot forces these 12 instinctively conflicting personalities into the suffocating quarters of a shrinking jury deliberation room. The setting is consumed by a wilting pressure, as the men are isolated together on a sweltering summer day with the difficult task of assessing the terrible allegation at hand. Lumet’s film is, on the one hand, an excellent discourse on morality and duty amongst a diversity of caricatures. To another extent though, the work is a study on organizational behavior, producing a setting in which undefined roles are gradually filled by a combination of necessity and individual instinct.            Amongst the men collectively assigned to the task, numerous organizational roles begin to form and shift, with leaders, followers, thinkers and bullies occupying various positions throughout. Though all are moved to address the same problem, each perceives it according to a perspective tied to his own experiences. The task of reaching a verdict on the basis of evidence would require collaboration, but these prejudices and personalities distinction render this a continually elusive goal.            It becomes clear quite immediately that leaders and followers are not strictly defined by their willingness to exercise power, but perhaps more by their varying senses of duty. This is embodied by the narrative’s protagonist, who shows himself to be naturally imbued with a devotion to the propriety of the cause. The eventual emergence of Juror #8, played to due complexity by Henry Fonda, illustrates that leadership is a capacity which comes with reason, communication and focus. This is a distinct characterization from the founding of leadership in aggression or overbearing authority.            With respect to the organizational behavior apparent in this distinction, the critical viewer is inclined to consider the interesting pressure which is placed upon such a leader as Juror #8, who must attempt to levy a minority influence over a group of individuals mostly inclined by the desire to go home to cast their votes with relative unanimity. In the face of eleven guilty votes, #8 felt that he had no choice but to enter a not guilty vote, bearing in mind the singular duty of the jury. It was his contention that the primary objective here was not, as some had clearly seen it, to end this case with expediency, but instead to determine whether the defendant was guilty ‘beyond a reasonable doubt.’ This language represents the mission statement of the organization formed by the 12 man jury. Juror #8 was the only individual to administrate the pursuit of this goal and, in a fashion that is reflective of the challenges potentially common to any working environment, was forced to do so in the face of hostile opposition, oppressive external circumstances and various informational challenges. Instead of seeking to render each of these challenges to obscurity or allowing them to derail the organization from achieving its defined goal, Jury #8 illustrates a valuable managerial talent in motivating various members therein to consider their role in reaching said goal.            It is through this plot movement that Lumet carefully draws out the process of ascension to group cohesion. Indeed, this is no simple task, as Juror #8 must none-too-gently navigate the apprehension of some, the distortion of perspective in others and the outright irrational defiance of still others in order to steward the organization to a recognition of itself as a single working unit. This is a useful point to consider, as we evaluate the many challenges related to personnel which would individually be forced to the surface by the protagonist’s tireless instigation of critical thought.            After provoking some consternation for voicing his ‘reasonable doubt,’ Juror #8 pragmatically deconstructs the case, pointing out that the primary witness was an elderly woman who was not wearing her glasses at the time of the murder in question. Moreover, the murder weapon, a switchblade knife which a store clerk claimed he sold to the defendant, was illustrated to be one of a possible infinitive of knives which looked nearly identical to the exhibit A knife. And perhaps most importantly, the victim of the murder was the defendant’s father and the close association and bad relationship between the two provoked a wealth of circumstantial evidence against the defendant. From an organizational perspective, these are factors which can be looked upon as uncertain variables upon which critical scrutiny need be applied. However, the flimsy nature of these variables is generally obscured by the persistence of a group conflict that is founded upon the disparate strands of personality which make up the jury.            Juror #8 skillfully weaves the primary goal of finding a correct verdict through the fabric of these case facts, appealing to what he senses is an experientially biased perspective in each juror, in order to invoke consideration of all these prospects. It is thus that he encounters several phenomena of group dynamic which detectably play a part in obstructing the immediate achievement of intended goals. One effect in particular is that of conformity, which would play a significant part in stimulating some of the meeker jurors to assume the defendant’s guilt on the basis of popular consensus. For many jurors falling into this category, the influence of many of the more vocal jurors would serve to intimidate or cloud individual perspectives, causing the minority perspective taken by Juror #8 to encounter pointedly steadfast opposition. The meeker men would retain a strength in numbers that would allow them to hide from organizational responsibility.            For Juror #8, the situation of organizational unanimity without critical speculation would be in and of itself problematic. We are not even certain as the audience that the juror is responding to a belief that the defendant was necessarily innocent. Instead, there is a clear sense of concern over the propriety in carrying out the appropriate duty of the court. Therefore, we see that the character was left with only the option of initiating conflict as a means to invoking the critical debate which would have otherwise been problematically absent from the proceedings.            We may consider that the juror might have sought another approach than facing collectively and individually the obstructions to the deliberation of justice. For one, a possible alternative for action in this circumstance may have been the call for a dismissal of certain jurors. In particular, Juror #3, played by Lee J. Cobb, is driven by the damaged relationship he shares with his son and Juror #7, played by Jack Warden, is moved to action by his deep-seeded hatred for foreigners. In the self-appointed role of group leader, the protagonist must attempt to draw these individuals away from these distorting perspectives in order to understand the case on its own merits. These facts of prejudicial perspective might have been treated as grounds for dismissal from the organization given the legal consideration surrounding such motives and the inherent contrariness which such motives posed to the mission of carrying out justice. Such an alternative might have properly saved the organization the bottle neck to meeting its goal produced by the resistance of poorly oriented personnel.            Ultimately, however, Juror #8’s methods, while painstaking, were perhaps the most optimal, implementing as they did a careful strategy of communicative and practical organizational unity in spite of a seemingly irreconcilable spectrum of ideologies, personalities and intentions. In the resolution of this unique film, the audience never does learn if the defendant is guilty of murder, but viewers are collectively moved to better understand the identifiable characteristics which constitute organizational responsibility.
Wednesday, January 8, 2020
Essay on Concepts that Illustrate the Founding Principles...
There are several instituting concepts that for me illustrate the founding principles of America and the hopeful vision of the future of this country. There are those that stood out for me during my research for this assignment and resonated with my feelings and understanding of the country at large. First and foremost is Life Liberty and the Pursuit of happiness; this sentiment is to me the very cornerstone of the hope of America’s inception. Given this principles self explanatory nature I will concentrate on the other founding concepts that have meaning to me. First of these would be the thought of benefiting from one’s own hard work, second is the inalienable rights of man, and lastly the concept of the least possible government being†¦show more content†¦Our country is quickly turning into a welfare state; this process by which the government takes more and more of our income and thus the benefit of our work for the common good doing this deters people from working for themselves to achieve a better life at all. This self perpetuates simply by the fact that if you’re not working then you becoming one of the multitude of individuals needing help. Requiring people to work twice as hard to reap a certain level of benefit is a stifling concept those without the fortitude to do this will simply accept a meager existence and be sustained upon the handouts given. Worse are the philosophical ideas that feed this social and economic tail-spin by also telling people that they are deserving of these programs as a right, which serves only to reinforce the anti benefit from your own hard work principal. Our government not only in its establishing of more and more programs but also in its campaigning of these programs to the American people strengthen the idea of entitlement. A perfect example is that of the current health care legislation and the promoting of it as a â€Å"right†. This brings me to the next founding principal I would like to discuss the inalienable rights of man. This obvious in its inclusion within the declaration of independence was a desire and founding ideal of our foreShow MoreRelatedReligion Research Paper988 Words  | 4 Pagesâ€Å"threads of truth†all the religions we studied share, which are represented in our civic society?  Cite scripture passages from each religion to back up your claims. Cite specific laws, documents, currency, patriotic music, sculpture, etc. that illustrate your assertions Intro: The United States government is very clearly founded on Christian beliefs however Judaism and Islam are the next greatest influences. America’s government cannot be traced back to any one religion. In the early years afterRead MoreAnalysis Of Ebony Magazine On Racial Ideals And Changes That Occur Throughout The United States1511 Words  | 7 PagesJune/1970) This statement is a stamp of independence but the term justice for all is redundant and not applicable to people of color. This stems from the idea that only the white man is entitled to liberty, only he would be able to pursue happiness.†The founding fathers not only did not consider the black men as humans, they did not even allow them the same creator.†(Ebony, June/1970) The supremacy dehumanized the black man oppressing their civil rights. These are prime examples of white supremacist idealsRead MoreThe Is Not Destroying American Culture1219 Words  | 5 Pagesforeseeable future, the dance around tr uth and lie will continue. Everyone is a liar, but nobody wants to be called one. Contrary to the belief of modern naysayers, this philosophy has helped to shape and dictate American life and culture since the Founding Fathers first laid pen to paper for this nation. Dishonesty is not destroying American culture, it is intricately intertwined into the very basis of its identity. A nation cannot function without a healthy level of dishonesty. Contradicting ImmanuelRead MoreHow Faith Influenced The United States Constitution3323 Words  | 14 Pagesthe United States Constitution and the Founding Fathers, and reveals the general connection each has to Christianity through the Puritan’s separation from England. The Founding Fathers and the U.S. Constitution are analyzed so that these elements may be investigated as to illustrate parallels between biblical principles and the substance of the document and the faith of America’s founding fathers. The essay then continues to investigate the faith of the founding fathers and their claims of faith, andRead More46 Pages and Common Sense Analysis and Review Essay examples1301 Words  | 6 Pages| 46 Pages: Book Review | | Tim IveyMarch 13, 2012Daryl SequeiraHistory 111 - 5001 | | | | In 46 Pages author Scott Liell is able to poignantly illustrate the colonies metamorphosis from a dependent arm of the English Empire to an independent country, the catalyst for which was Thomas Paines Common Sense. Liell is able to not only articulate the turning point of the American consensus towards independence, but he also very intelligibly depicts the sentiments of all facets ofRead MoreThe Enlightenment1278 Words  | 6 Pages World Literature The Enlightenment’s Impact on the Modern World The Enlightenment, Age of Reason, began in the late 17th and 18th century. This was a period in Europe and America when mankind was emerging from centuries of ignorance into a new age enlightened by reason, science, and respect for humanity. This period promoted scientific thought, skeptics, and intellectual interchange: dismissing superstition, intolerance, and for some, religion. Western Europe, Germany, France, and Great BritainRead MoreEssay on â€Å"Jay Gatsby Is a Man for Our Times†1213 Words  | 5 Pagesindividual reaches for a dream that results in little satisfaction. Eric Liu depicts this idea in his piece â€Å"A Chinaman’s Chance†: â€Å"The poet Robert Browning once wrote that ‘a man’s reach must exceed his grasp- else what’s a heaven for†So it is in America.†These various works of literature depict exactly what the once admirable American Dream, turned to materialistic greed, ultimately leads to; that being fa ilure. The American Dream, specifically portrayed in Fitzgerald’s work, was dramaticallyRead MoreVitro Corning1728 Words  | 7 Pagesin their dogged pursuit of politeness, sometimes seemed to the Americans unwilling to acknowledge problems and faults. The Mexicans sometimes thought Corning moved too fast; the Americans felt Vitro was too slow. Other difference in culture: America is a advanced country in modern society with only 227 years history, traditional culture has far less important position than fashion in most Americans mind, contrarily, traditional culture plays a significant role in Mexico, most Mexican are conservativeRead MoreThe Moral Value Of Factory Farming Essay1899 Words  | 8 PagesAs the global population has reached over ten billion, there has been a growth in industrialization, a revolution in technology, and the evolvement of new concepts to create mass production. With this development comes positive and negative ideas on how to process the demand for different substances and how to be efficient economically and sufficiently. With factory farmed animals suffering unfair treatment, large quantities of animals are being abused and slaughtered. This can cause people to developRead MoreOverview : Cma Cgm Group1139 Words  | 5 Pages 9th of September, 2015 BA215 - Transportation Principles Dr. Professor Rhoades Assignment by Kevin Besemer Intermodal Project Part 1 CMA CGM CMA CGM Group is an internationally operating shipping company and plays a vital role in the transportation business industry. Originally founded by Jacques Saadà © in 1978, the company is headquartered in Marseille, France. CMA CGM, which occupies more than 20,000 employees worldwide, operates globally in more than 160 countries with a vast network of
Tuesday, December 31, 2019
Surgical Procedures During The Surgical Procedure Essay
I had the pleasure of observing three different surgical procedures during my OR rotation The first surgical procedure was a caesarean section (C-section), that was done as a repeat because the patient had her previous children delivered as a c-section and was not able to deliver vaginally. I also got a chance to observe an umbilical hernia repair. This procedure was performed because part of the intestines were protruding through the umbilical opening which may have caused pain or discomfort. The patient had given birth a few months prior to the surgery which may have caused the protruding intestine. The third surgical procedure I observed was a Laparoscopic gallbladder removal (cholecystectomy). This procedure was performed because the patient had gall stones present in the gallbladder. Negative effects of surgery When a person goes under the knife, he or she open themselves up to risks that are involved when having surgery that will determine the outcome of the operation. There are risks of surgical complications, the risk of infection, bleeding uncontrollably and risking your life by not waking up and getting through the surgical procedure. Patients can be affected psychologically due to prolonged recovery and long lasting disability if complications occur. This may cause psychological distress, which can delay recovery as stress delays wound healing and compromises some immunity. (Pinto, Faiz, Davis, Almoudaris, Vincent, 2016). Side effects from the anesthesia usedShow MoreRelatedA Critical Incident During The Theatre During A Knee Orif Surgical Procedure Essay2147 Words  | 9 PagesNovember 2015 , during the first block of clinical placement , a critical incident occurred in the theatre during a knee ORIF surgical procedure . The procedure involves re-align ment of broken bones which are held together by surgical implants such as metal plate , rod , and screws . The team involved in the procedure were an orthopaedic surgeon , a consultant , an anaesthetist , a theatre nurse , a scrub nurse , a radiographer , and a student radiographer . During the procedure , the patient wasRead MoreBenefits Of A Non Surgical Rhinoplasty1412 Words  | 6 PagesA non-surgical rhinoplasty is also referred to as a non-surgical nose job, the â€Å"15-Minute Nose Job,†a liquid nose job or injection rhinoplasty. For some, this procedure can be used as a temporary substitute for surgical rhinoplasty. Dr. Sam Gershenbaum is a plastic and reconstructive surgeon who frequently performs non-surgical rhinoplasty procedures at his surgery center in Miami, FL. Non-Surgical Rhinoplasty Vs. Traditional Surgical Rhinoplasty Depending on what a patient would like to accomplishRead MorePerioperative Observation Experience. I Observed A Laparoscopic1323 Words  | 6 Pagescover pre-operative tasks, surgical procedure, anesthesia and interventions, roles and functions of the nurse, and surgical team members. I will also cover safety and comfort concerns along with nursing diagnoses related to this surgery. Pre-Operative Data Collection and Medications Pre-operative data collection was obtained in the ambulatory minor surgery unit (AMSU). A communication sheet was filled out that collects patient data such as their diagnosis, the procedure they are having, drug allergiesRead MoreThe Treatment Of Breast Cancer1248 Words  | 5 PagesEntire Breast A modified radical mastectomy – during this procedure, the surgical oncologist removes the entire cancerous breast, the lining that rests above the chest muscles as well as most of the patient’s lymph nodes that are located under her arm. In addition, patients may also need to have a portion of their chest wall muscle removed. A total mastectomy (simple mastectomy) – during this procedure, the oncologist removes the entire breast. During the same surgery (or after), the oncologist mayRead MoreThinking Ahead Contingency Planning And Managing The Unexpected Are Core Skills For A Perioperative Nurse1583 Words  | 7 PagesBjornsdottir (2008) describe how prevention is a core component of the perioperative nurses work. Perioperative nurses consider how the background of their patient may contribute to their susceptibility and instability and how these may be risk factors during their patients surgery, this means trying to imagine everything that could go wrong and taking reasonable steps to manage these scenarios. In this case study Mr Knight, a 55 year old man is presenting to the operating room to undergo an exploratoryRead MorePrevention of a Surgical Site Infection1563 Words  | 6 PagesPrevention of Surgical Site Infection Prevention of Surgical Site Infection Method of obtaining necessary approval and securing support from your organizations leadership and fellow staff In order to obtain the necessary approval and support of the formal leadership of the organization and fellow workers, it is necessary to present well-documented presentation. This presentation would entail dangers relative to the surgical site infection and the need to eliminate or minimize the menace fromRead MorePreparing A Sterile Field Essay1091 Words  | 5 Pages Abstract Surgical asepsis, or aseptic technique is designed to eliminate all microorganisms, including spores and pathogens, from an object and to protect an area from these microorganisms. Surgical asepsis requires more precautions than medical asepsis. Breaks in technique result in contaminations, thus increasing a patients risk for infection (Church, 2009). Medical asepsis are used during procedures that require intentional perforation of a patient’sRead MoreRetention Of Surgical Pack : Abc Hospital1483 Words  | 6 Pages Retention of Surgical Pack – ABC Hospital MEMORANDUM To, Surgical Team, Instrumentation and Circulating Nurse, Risk Management Officer, Incident Management Team, Hospital Administration, ABC Hospital From, Kavitha Kulal ABC Hospital SUBJECT: Retention of Surgical Pack post surgery DATE: 15 September 2015 Retention of Surgical Pack: This memo is sent in context of a lawsuit received from the lawyer of Patient ‘Y’ regarding retention of a surgical pack in the patient, due to which theRead MoreClassification Of Information For The Healthcare System1008 Words  | 5 Pagesthe HCPCS which is the Healthcare Common Procedure Coding System are used in various medical settings. The CPT is published by the AMA yearly. CPT is used to help physicians, insurance companies and other medical providers to use a system for coding medical procedures performed. These codes are used with ICD-9-CM and ICD-10-CM. The CPT book includes four categories the first one consists of six main sections. The CPT codebook is used for each procedure and/or service performed by healthcare professionalsRead MoreWrong Site Surgeries1348 Words  | 6 Pagesbreakdown is considered the main cause of wrong site surgeries in the surgical team. The Joint Commission s universal protocol of time out is a very important and a helpful tool in preventing the wrong site surgeries, wrong person surgery, and wrong procedure. The factors causing the wrong site surgeries can be; †¢ presumption of surgical team members that someone else has confirmed surgical site and procedure †¢ surgeon failing to mark the site †¢ placing
Monday, December 23, 2019
Women Entrepreneurs And Social Incubators Essay - 1851 Words
In this chapter literature on women entrepreneurs and social incubators is discussed. It also explains the conceptual framework and conceptual map of the study.. 2.1 Concept of Women Entrepreneur Women or a group of women who initiate, organize and operates a business enterprise is defined as Women Entrepreneurs’. The Government of India has defined women entrepreneurs as an enterprise owned and controlled by women having a minimum financial interest of 51 per cent of the capital and giving at least 51 per cent of the employment generated in the enterprise to women. â€Å"Women Entrepreneur†is a person who accepts challenging role to meet her personal needs and become economically independent†(Meenu Goyal and Jai Prakash, 2011, pp. ). In India, these entrepreneurs are part of the larger sustainable development strategy employed by the policymakers. Evidence shows that Women entrepreneurship has already contributed to the economic growth across the world and women led enterprises are increasing in every country.. These enterprises also created a large number of job opportunities in their respective economies. Apart from this, these enterprises also crea ted new business solutions for the pressing social problems.Further in whole enterprises scenario, number of enterprises owned by women is very less compared to men. Government of India has implemented various schemes for development of such enterprises but impact is yet to be seen. Over the past few decades role ofShow MoreRelatedWomen Entrepreneurs And Social Incubators1879 Words  | 8 PagesCHAPTER 2 LITERATURE REVIEW In this chapter literature on women entrepreneurs and social incubators is discussed. It also explains the conceptual framework and conceptual map of the study.. 2.1 Concept of Women Entrepreneur Women or a group of women who initiate, organize and operates a business enterprise is defined as Women Entrepreneurs’. The Government of India has defined women entrepreneurs as an enterprise owned and controlled by women having a minimum financial interest of 51 per cent of theRead MoreScope of Entrepreneurship Development2767 Words  | 12 Pages35 years – more than the entire population of the United States! Each person, in this bold new generation, will be in the prime of his or her life, striving for a better tomorrow – creating, in the process, new growth opportunities, for budding entrepreneurs! On the most conservative basis, our domestic consumption, in virtually any sector, has the potential to at least double, or treble, from current levels – perhaps, just to catch up with a country like China! Then, there is the entire global opportunityRead MoreA List Of The Au Projects And Policies1508 Words  | 7 PagesAfrica Initiative. The MAP originated from the G8 summit, Japan 2000.1 NEPAD’s key aims are to reduce poverty, and address developmental issues, Africa’s marginalization and women empowerment. Current economic projects of NEPAD for the continent include: The NEPAD Agriculture and Food Security Program, the Spanish fund for Women Empowerment, and the African Continental Free Trade Area and Boosting of Intra Africa Trade under the guardianship of the African Trade Policy Centre, UNECA. 2:2 NEPAD’sRead MoreSocial Entrepreneurship and Venture Capital2516 Words  | 11 PagesPaper on Social Entrepreneurship and Venture Capital/Start-Up Funding Nothing can be nobler than wanting to improve the conditions of the world both on an environmental and sociological level. Those individuals and businesses that choose to take on society s problems are a special breed and they face an uphill battle not only in performing their work, but finding the financial resources to grow the business so that it can fulfill its mission. This paper will examine the industry of social entrepreneurshipRead MoreEmerging Trends in Entrepreneurship4541 Words  | 19 Pagesextended to include social and political forms of entrepreneurial activity. Entrepreneurship ranges in scale from solo projects to major undertakings creating many job opportunities. Many kinds of organizations now exist to support would-be entrepreneurs, including specialized government agencies, business incubators, science parks, and some NGOs. Lately more holistic conceptualizations of entrepreneurship as a specific mindset resulting in entrepreneurial initiatives in the form of social entrepreneurshipRead MoreProblems and Prospects of Women Entrepreneurship in Beauty Parlour: a Study in Sylhet.2684 Words  | 11 PagesProspects of Women Entrepreneurship in Beauty Parlour: A Study in Sylhet. Shahjalal University of Science Technology Department of Business Administration Executive Summary Recognition of the need of women entrepreneurship has grown considerably in Bangladesh over the recent years. Because of the recognition, more supportive environment has been created for the women and more and more women entrepreneurs are engagingRead MoreMau Lo Business Expansion1569 Words  | 7 Pagesshould be explored and increased for small businesses and entrepreneurs doing business in Atlanta, GA (Fulton County). Georgia State Legislators should use their influence to broaden funding opportunities in the City of Atlanta similar to the funding opportunities enjoyed by start-ups in Silicon Valley (Southern San Francisco Bay area). More specifically, State politicians should consider using their influence to assist young entrepreneurs (under the age of 20 years old) with funding for their smallRead MoreFirms Should Get Their House in Order Before Seeking to Manage Supplier.1728 Words  | 7 Pagesvending machine for intimate washing in public toilets – Sanitary Aqu a Vendo. This product promotes discipline use of water, preservation of trees through reduced consumption of tissue paper and prevention of urinary tract infection especially among women. So, how exactly does creativity work. Let’s us look at its anatomy. Throughout history, we see communities or places that have produced numerous creative products that literally changed the world, while equally prominent contemporary neighborsRead MoreEntrepreneurship: Successfully Launching New Ventures, 4e (Barringer/Ireland)6313 Words  | 26 PagesAACSB: Reflective Thinking Objective: Describe the role of entrepreneurs and small business 2) A(n) ________ is a favorable set of circumstances that creates a need for a new product, service, or business. A) idea B) scheme C) design D) proposal E) opportunity Answer: E Diff: 1 Page Ref: 43 Topic: Identifying and Recognizing Opportunities AACSB: Reflective Thinking Objective: Describe the role of entrepreneurs and small business 3) According to the textbook, opportunitiesRead MoreI Love Reading Essay69689 Words  | 279 PagesWhat Motivates Entrepreneurship Socio-cultural Factors Access to Early Stage Finance Education, Innovation and Entrepreneurship Business Environment for Entrepreneurship Conclusion: Encouraging Entrepreneurship List of Stakeholders and Details of Entrepreneurs Surveyed Entrepreneurship Proï ¬ les Methodology List of Resources Glossary vii viii 1 9 21 29 49 71 89 97 105 163 165 169 Annexure II : Annexure III : Annexure IV : Annexure V : Table of Contents iii List of Figures Figure 1.1 : Figure
Sunday, December 15, 2019
Directory Viruses Free Essays
There are many ways to sabotage a computer. Some malicious programs create software that automatically replicates itself and spreads throughout a computer’s file system to destroy it later. One of these virus types is called the Directory Virus. We will write a custom essay sample on Directory Viruses or any similar topic only for you Order Now From its name itself, one can know that it attacks the directory and file system of a computer. The computer uses a large file that contains information about its subdirectories and files. It includes information such as the starting cluster, the name, the time and date it was created or modified, attributes such as being read-only, and other information. Every time a file needs to be accessed, it searches for the directory entry and the starting cluster, an index to the File Allocation Table or FAT. All the other cluster addresses are in the FAT. So a Directory Virus infects clusters and allocates it in the FAT. It then targets other clusters and infects other files. The destructive code is usually with executable files such as the ones ending with . EXE or . COM. The location or paths to the computer’s files will then be changed by the Directory Virus so that it can infect other files. This will be done transparently, without the user’s knowledge, until the original files will be impossible to find. Eventually, the user’s files become useless (Spam Laws, 2009). In May 1991, the DIR II virus was discovered first in Bulgaria. It is also known as Creeping Death and was written by the same programmers who coded the DIR, MG and Shake viruses. At that time, it was considered to be unique since directory viruses were still unknown. It changed directory entries only and did not change the files (Hypponen, 2010). It was eventually followed by variants such as the DIR III and DIR BYWAY viruses. The BYWAY virus appeared first in mid 1995 in Venezuala, but was possibly authored by a Chinese programmer named Wai Chan since the code is signed â€Å"By Wai Chan†(PR Newswire, 1995). It is similar to the DIR II family of viruses but alters the technique slightly by modifying directories and cross linking executable files to point to a file named CHKLISTx. MSx, containing the viral code (Paris, 2010). The BYWAY virus has an interesting story since it reveals that people from different countries often disguise themselves using other countries. The Chinese search engine, Baidu, for example was attacked by malware that showed an Iranian flag, but Baidu doubts that it was Iranian. They believe that it was American hackers who did it. In the same way, the BYWAY virus claims that it was authored by Wai Chan on August 1994. And then when the virus is triggered, it pops out a message saying, â€Å"Trabajemos Todos Por Venezuela†which means, â€Å"We are all working for Venezuela.†It also plays music simultaneously, mimicking the Venezuelan national anthem. But it is likely that the real author is neither Venezuelan nor Chinese since crooks are not likely to leave their calling cards at the scene of the crime. It is also possible to remove the virus without using disinfecting software. Simply rename all . COM and . EXE files with non-executable extensions. The virus will automatically correct the FAT. Then reboot using a clean boot disk to remove the virus in memory, and rename everything back to its executable extensions. Do this for all hard disk partitions and the virus will be removed. Unfortunately, because viruses are popularly known to wreak havoc on computers, there is an urban myth propagating in the world that every time a PC doesn’t work properly, it is always caused by a virus (Rutter, 1999). However, the fact is that not all PC problems are caused by viruses. There may be manufacturer bugs in the software or incompatibility issues with the hardware or software. Or the computer may simply be malfunctioning like any other electronic device that eventually fails. How to cite Directory Viruses, Papers
Saturday, December 7, 2019
Change of Circumstances and Termination
Question: Discuss about the Change of Circumstances and Termination. Answer: Introduction The present study involves issue on the legal rights and obligations of the contracting parties based on the regulations of contract law considering the elements of offer and acceptance of contract. The assignment further covers the analysis of contract law elements on form of legal relationship, intention to create legal relationship, consideration, consent and legal capacity for Clara and Joseph together with the analysis of legal capacity by Edward or Marshall. The assignment also involves the discussion and analysis of termination of contract, situations for breach of contract as well as probable remedies available to the affecting parties as per the regulations of Australian Contract Law. For the purpose of analyzing the establishment of contract between the parties, it is essential to identify the type contract entered between the parties as per the regulations of contract law. The present situation associates with the issue of failure of contingent condition in the contract work from the point of contracting party, which caused Clara and Joseph huge loss in terms of renovating the house floor. It is stated that Clara and Joseph entered into contract with Marshall to install the floating timber floor at the rate of $40 per square meter. However, the quote presented by Marshall included the term provider accepts no responsibility for defects in workmanship that was accepted by Joseph and the work started on 14 February 2017. During the process of work, the room was found flooded due to the carelessness of Marshall since the tool bag placed over the outlet of drainage system. In addition, Joseph entered into the contract at cheaper rate to complete the work as soon as the structural issues are recovered. Accordingly, the present situation incorporates the issue of legal rights and obligations to Joseph and Clara for the occurrence of flood within the room tha t destroyed the under processed timber flooring. According to the regulations of Australian Contract Law, the basic elements to bind a legal contract incorporate agreement, consideration, legal capacity, intention to create contract and certainty. In case any one of the basic elements is not present in the formation of contract, then the contract or agreement cannot be said to have formed as per the law (Austlii.edu.au 2017). In the present situation, contract between Joseph and Marshall incorporated all the basic elements with respect to agreement as the contract has been offered and agreed by both the parties against the consideration amounted to $40 per square meter. Further, both the parties, Joseph and Marshall considered to have capacity to enter in the legal contract in terms of legal age and sound mind. It has been noted that both the parties had intention to form the contract by incorporating certainty to complete the contracted work. Besides, consideration is the primary element to form a legal contract, which is a promis e to provide something in return for a receipt of promise (Townley and Riazi 2014). Referring to the case of Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424, contract between Joseph and Marshall had been supported by the consideration amount therefore, the contract was legally formed. Offer and Acceptance are the most basic and important elements of a legal contract that contains several terms and condition offered by the contractor and accepted by the contractee. In order to form a legal contract, it is essential to express the willingness to form contract that may be offered by stating definite terms and in any form like letter, email, newspaper advertisement or fax (Barroso and Sthel 2015). The present case was similar to the decided case of R v Clarke (1927) HCA 47 CLR 227 in which court held that the reward could not be claimed by Clarke since the act was not performed in reliance to the contracted offer. In case of Joseph and Marshall, the contract was formed based on the agreement mentioning that the workmanship defects will not be responsibility of Marshall that was accepted by Joseph. In addition, the decided case of Helmos Enterprises Pty Ltd v Jaylor Pty Ltd (2005) NSWCA 235 stated the legal contracting parties are required to have intention to create t he contract based on the commercial arrangements (Bayern 2015). In case of contract between Joseph and Marshall as well as the contract between Joseph and Edward involved intention to create the contract since, contract placed by Edward incorporated intention to complete the work against the consideration amount $38 per square meter. For a legal contract, it is essential to incorporate legal and genuine consent based on the reasonable grounds, which is referred in the decided case of Yerkey v Jones (1939) 63 CLR 6 (Ash and Cheesman 2016). In the present case, Joseph gave genuine consent to Marshall to complete the contracted work for the agreed amount as well as on agreed duration. The contract further involves the issue of termination and breach of contract under the regulations of Australian Contract Law. As per the principles of contract law, the rule of common law exists against the perpetuities stating that all the legal contract should include the clause of termination based on the completion of work or expiry of agreed contract duration (Austlii.edu.au 2017). The contract automatically terminates if the contract work is completed or if the fixed time of contract expires (Zagenczyk et al. 2015). Referring to the case of Battery World Pty Limited v Heavenly Bound Pty Limited (2009) NSWSC 1309, court held that the contract was not terminated automatically since the work was not completed and the duration was not expired. Similarly, in the present case, contract between Joseph and Marshall was not terminated as the flooring was due to be completed while the contracted time did not lapse. However, the contract may be terminated by other ways that includes, ex pression of right, implied right and subsequent agreement under which the contracting party is required to provide notice. In addition, if any specific event occurred, then the parties have the express right to terminate the contract that may incorporate the termination of contract by way of breach (Han 2016). As per the regulations of Australian Contract law, a contract can be terminated for breach of any terms or conditions by conducting the appropriate test to examine the contractual essentiality (Austlii.edu.au 2017). Considering the case of Fitzgerald v Masters (1956) 95 CLR 420, court held that the contract party found to breach the terms of contract and the party was supposed to repay the contracted money. In the present case, contract entered between Joseph and Marshall was not completed while Joseph terminated the contract alleging the failure in contract work performance of Marshall. Joseph contended that due the room was flooded due to placement of tool bag on the drainage outlet, which caused a portion of land was subsided while the floor was collapsed. Therefore, Joseph terminated the contract which formed termination by way of breach since the contract work and duration was still due. Similar to the case of Shevill v Builders Licensing Board (1982) 149 CLR 620, court held that contracting party was liable for the damages in the contracted work therefore. In the present case also, act of Marshall caused damage to Joseph and incurred heavy losses on part of breach of contract. Besides, Joseph did not accept any compensation amount as an apology from Marshall and eventually breached the contract. In view of the decided case laws and regulations of Australian Contract Law on breach of contract, it can be said that Joseph was liable to Marshall for breach of contract (Austlii.edu.au 2017). As the contract term offered by Marshall contained the condition provider accepts no responsibility for defects in workmanship, placement of tool bag on the drainage outlet could not be held Marshalls responsibility (Fried 2015). Besides, Joseph had the right to claim for compensatory damages as the tool bag was Marshalls property and he was responsible to place it appropriately. As the contract formed between Joseph and Marshall formed formal contract both the parties held liable as per the Australian Contract Law. Joseph was liable to breach the contract while Marshall was liable to incur contractual damage to the party due to lack of appropriate performance in the contract work. Accordingly, the remedy available to both the parties is to claim compensation for damages or the parties can claim award for specific performance and recession since the contract is a formal contr act. Conclusion Considering the above discussion on the legal formation of contract It can be concluded that Joseph and Marshall were the contracting parties. Contract between Joseph and Edward could be considered as contract as it incorporated all the basic elements but as Edward did not start the renovation work, it can be said that the Joseph was not held liable to for breach of contract. Besides, contract between Joesph and Marshall was terminated by way of breach due to the contractual work damage hence both the parties held liable to compensate for respective damages. Joseph and Marshall can apply for the contractual remedy that may be received in the form of compensatory damages as well as compensation for specific performance. Reference List and Bibliography Andrews, N., 2016. Remedies for Breach of Contract. InArbitration and Contract Law(pp. 279-333). Springer International Publishing. Ash, A. and Cheesman, E., 2016. Employment: Post-employment restraint after repudiation of an employment contract.LSJ: Law Society of NSW Journal, (21), p.76. Austlii.edu.au. 2017.Australasian Legal Information Institute (AustLII). [online] Available at: https://www.austlii.edu.au/ [Accessed 1 Feb. 2017]. BARMES, E., 2016. Remedies for Breach and for Wrongful Dismissal. Barroso, L.A. and Sthel, L.P., 2015. The Role of Objective Good Faith in Current Contract Law: For a General Duty of Inter Partes Cooperation and Solidarity.J. Civ. L. Stud.,8, p.187. Bayern, S., 2015. Offer and Acceptance in Modern Contract Law: A Needles Concept.Cal. L. Rev.,103, p.67. 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