Career Retention Specialist - 37340 Words

MCI 0084 MARINE CORPS INSTITUTE CAREER RETENTION SPECIALIST MARINE BARRACKS WASHINGTON, DC UNITED STATES MARINE CORPS MARINE CORPS INSTITUTE 912 CHARLES POOR STREET SE WASHINGTON NAVY YARD DC 20391-5680 IN REPLY REFER TO: 1550 Ser 0084 30 Sep 05 From: Director To: Marine Corps Institute Student Subj: CAREER RETENTION SPECIALIST (MCI 0084) 1. Purpose. The subject course provides instruction on the basic tasks of the Career Retention Specialist (MOS 8421). 2. Scope. This course teaches the following; choosing the Marines who need a CRS interview and specifying the type of interview, researching the Marine’s performance history for eligibility and career options, meeting with the Marine and discussing career options, supporting the†¦show more content†¦Marines CONUS may call toll free 1-800-MCI-USMC. Marines worldwide may call commercial (202) 6857596 or DSN 325-7596. MCI Course 0084 iii (This page intentionally left blank.) MCI Course 0084 iv Study Guide Congratulations Congratulations on your enrollment in a distance education course from the Distance Learning and Technologies Department (DLTD) of the Marine Corps Institute (MCI). Since 1920, the Marine Corps Institute has been helping tens of thousands of hard-charging Marines, like you, improve their technical job performance skills through distance learning. By enrolling in this course, you have shown a desire to improve the skills you have and master new skills to enhance your job performance. The distance learning course you have chosen, MCI 0084, Career Retention Specialist, provides instruction to Marine Corporals and above who are assigned formally or informally to perform duties of Career Retention Specialist (MOS 8421), with no experience and/or training for the job in their first year on the job. This course teaches the following; choosing the Marines who need a CRS interview and specifying the type of interview, researching the Marine’s performance history for eligibility and car eer options, meeting with the Marine and discussing career options, supporting the interview between Marine and CO, collectingShow MoreRelatedThe Factors Affecting The Work Environment On Health Worker Shortages And Improving Access And Quality Of Health Services1347 Words   |  6 Pagespush factors for retention (Burns, Bradley and Weiner, 2012, pg.445). The factors that contribute to forcing workers to leave the public sector include: workload and staff shortages are contributing to burnout, high absenteeism, stress, depression, low morale, and de-motivation (Burns, Bradley and Weiner, 2012, pg.445). 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For many years the Food Service Specialist rating (FS) has experienced many challenges. Today the rating is not only losing personnel at an alarming rate, it cannot create a center of attention for new recruits who truly desire to be culinarians. Part of this reason is due to image problems that plague the FS rating and create a workforce of members who are dissatisfied with being FS’s in the Coast Guard. Retention and recruitment will be a challengeRead MoreFactors Affecting The Work Environment On Health Worker Shortages And Improving Access And Quality Of Health Services1196 Words   |  5 Pagespush factors for retention (Burns, Bradley and Weiner, 2012, pg.445). The factors that contribute to forcing workers to leave the public sector include: workload and staff shortages are contributing to burnout, high absenteeism, stress, depression, low morale, and de-motivation (Burns, Bradley and Weiner, 2012, pg.445). It is also shown that poor working conditions also contribute s to preventing staff morale and motivation and it also contributes directly to recruitment and retention (Burns, BradleyRead MoreEssay Riordan Manufacturing1266 Words   |  6 Pagesinstead of single salespeople, with each team focusing on a particular customer segment, now service customers. Teams typically include a sales person, product engineering specialist and customer service representatives. The hope is that the team approach will improve sales. As changes have been implemented, employee retention numbers have declined. 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I won several awards during my two-year tenure with the company for going above and beyond for my clients and peers. However, I was determined to pursue a career in the medicine, but I was still unsure in what capacity. One year during my yearly exam, a physicianRead MoreThe Hr Executive Manager Of Business Jet Seating Solutions1308 Words   |  6 Pageshad limited access over strategic growth of the company, so therefore whatever the HR did, eventually bowed out to be counterproductive and a squander of valuable resources. Among all the issues discussed, my attention span was drawn to employee retention and high turnover concerns. If the mentioned concerns were resolved, it would have paved a significant path for the growth of the organization coupled with strategic human resource management. Literature Research Employees are the most imperative

What the In-Crowd Wont Tell You About Argumentative Essay Topics for Kids

What the In-Crowd Won't Tell You About Argumentative Essay Topics for Kids What the In-Crowd Won't Tell You About Argumentative Essay Topics for Kids Select the period of life which you think is best and compose an essay arguing why it's the very best time of life. There are just a few things that define whether an essay you're working on is going to be a good one. When you settle on this issue and pick the position on which you will base your essay, the remainder of the job can then begin. When you're picking your topic, bear in mind that it's much simpler to write about something which you presently have interest ineven in case you don't know a good deal about it. Doing this, you'll certainly find your ideal essay title easily and faster. Every American should learn how to speak English. Make certain you understand what the distinctive features of an argumentative essay are. Every American should learn how to speak Spanish. If you still don't understand how to prepare an intriguing speech, EssayShark can assist you. Normally, it doesn't include references and quotes in it. Well, first, you are going to need to find good persuasive speech topics. Take notes concerning all prospective topics you'll be able to consider. Before you commence writing your essay, you should study the sources applicable to the prospective subject, and make certain you have enough evidence to back up your thesis statement. Argumentative essay is about arguing and debating on a subject, which is debatable. The very best persuasive essays persuade the reader to agree with a specific point of view, perspective or maybe to take a particular action. Persuasive essays are a really good approach to encourage the reader to check at a particular topic in a different light. Don't forget, persuasive essay topics don't need to be politically correct all the moment, they are sometimes controversial. So locating the greatest persuasive essay topics is critical. Taking into account that lots of persuasive essays concern controversial topics, before writing, you can want to sit down and think of what your opinion on the topic actually is. You don't need to acquire super technical with legal argumentative essays, but be certain to do your homework on what the recent laws about your preferred topic actually say. To choose which subject you're likely to discuss, it's vital to see the complete collection of good persuasive speech topics from the special area of study. So be certain you select a subject, which has values in it. Yearly driving tests ought to be mandatory over a particular age. There are some easy guidelines to follow to be able to be in a position to compose a fantastic persuasive essay. There's tons of research material that's accessible and relevant to every topic. While it might be hard to pick from such a number of persuasive speech topics, take into consideration which of the above you've got the most knowledge of and can argue your opinion on. Learn which of the topics, you currently have a fairly good background on which will make it possible for you to have a relative edge. A step-by-step guide about how to compose a persuasive essay can be found on our site. It is an effective tool whenever you need to provide a new vision of a particular topic for the reader. In general, you can observe that writing a persuasive essay isn't a brain surgery. Just comply with the guidelines stated above, and you're going to be well on your way to writing a very good persuasive essay. School should happen in the evenings. College is for a high amount of study. Students ought to be permitted to pray in school. They lead busy lives and often forget about an upcoming deadline. Odds are, all you have to do is relax and locate a topic you're passionate about and, obviously, one that's debatable. You will probably locate a different and fantastic topic you will love to write about.

Business Law for Asset Management Ltd- myassignmenthelp.com

Question: Discuss about theBusiness Law for Asset Management Ltd. Answer: Facts In this contract Barry wanted to buy the shop a fruits and vegetables shop from Angelo. Angelo made an offer which stated that the shop was extremely profitable with a monthly turnover of $20,000, it was also stated in the offer that there were no competitors in the shopping village. The monthly expenses which were declared by Angelo were $8000. The offer which Barry made to buy the shop was a sum of $200,000. A van and also a loader was included in the contract. But, it was found out that Barry had to face serious problems. Those problems were that the shopping village had competition, the income was lesser than the amount which was actually stated in the offer. The delivery van was also repossessed as it was leased by the shopkeeper, replacement of the loader was all required. Issue The contract which was created among Angelo and Barry can be rescinded? Relevant Rule Australia and United Kingdom both of these countries include the common law principles in their legal system. As per those common laws a contact is valid only if certain components are present in it like offer acceptance, consideration and there is no vitiating factors like misrepresentation. The existence of an offer as well as an acceptance makes up an agreement. The acceptance mentioned which makes up the base of the business should not be depraved. It requires true consent, such a consent is achieved lacking any kind of coercion, fraud, improper influence or any sort of misrepresentation. If any of the mentioned components are present in a contract, then such a contract is void and the parties will not be obligated by its terms. Some particular acts might also be order by the court in some cases. The offer which was formed to the community can be approved by any individual. This law was declared in case of Carlill v Carbolic Smoke Ball Company[1]. Nevertheless, it was stated in case of Hyde v Wrench that if an offer was made in response to another then it would edge towards the elimination of the offer, but also the alteration of the conditions mentioned in the original offer. Thus, such an offer required to be accepted by the person who created the original offer. The false representation of the facts conferred towards the party in a contract is stated to be a misrepresentation. Such a misrepresentation requires the following components in order to make any contract void where Such a declaration achieving consent of the contract and is a wrong statements of the illustrated facts. If the above mentioned components are present in the contract is void. Negligent, a mistake or fraud are various kinds of misrepresentation. The misrepresentation in which the individual who makes the statement is knowledgeable that this statement is false and still supports it then it is stated to be a fraudulent misrepresentation. It edges closer to the acceptance of such the offer or results in the other person making the offer. In the case of Smith v Land House Property Corp (1884)[2], the applicant brought a hotel, the seller who sold it stated that one of the tenants present in the hostel as most desirable. The seller was also aware of the fact that the tenant was in debts and also the edge of being bankrupt. It was stated to be a declaration of the facts rather than belief because the seller was in a situation to know the facts. However, the court dismissed such an appeal. In case of Esso Petroleum v Mardon such a situation was also seen to be redone. Different methods to cure are present in a contract where the approval is achieved by the fraudulent misrepresentation such as Reimbursement in Whittington v Seale-Hayne[3] and recession of contract in Doyle v Olby Ironmongers ltd[4] Application In the case of Carlill v Carbolic Smoke Ball Company, the offer which was put up by Angelo for the public, might be approved by any individual. Nevertheless, an offer was made to offset the earlier offer by Barry. Therefore, the original offer made earlier was said to be invalid as mentioned in the case of Hyde v Wrench. The term of price of sale was the only term which was different. Therefore, Angelo had approved the offer, and the original terms which were stated in that offer were still functioning except for the price. Thus, the conditions that were stated by Angelo yet composed a portion in the contract. It was regarding the statement in which no competitors were present, meanwhile the statement made in relation to the income of the fruits and vegetable store would still hold a portion in this contract. It was discovered by Barry that the income per month is much lower that the income mentioned in the original offer, competitors too were present as a nearby grocery shop who was selling fruits as well as vegetables. As Angelo was committed to the business of selling fruits and vegetables in the area, it was understandable that Angelo is knowledgeable of reality that there was a nearby competitor and also in regards to the data of the monthly income. Such descriptions led to the formation of the counter-offer by Barry. Therefore, under such a condition the agreement was acquired over misrepresentation. In case of Smith v Land House Property Corp, it is clear that any such contract will be responsible to be void. Other fraudulent misrepresentations which are made with regards to the loader and the delivery van, and this also resulted in this contract to become void. Conclusion Therefore, the validity of the contract might have been questioned by Barry, in regards of the commitments made by Angelo. As Angelo made fraudulent misrepresentation this contract is said to be void. According to common law judgements the contract is declared void. Different solutions such as compensation or damages were available to Barry and Angelo as a seller had violated his responsibilities in accordance to common law. Relevant Issue To find out whether or not there was a violation of the contract through Angelo, under such circumstances Barry did not want to make this contract void even after facing problems regarding misrepresentation. Rules According to the law, the contract is considered to be violated if the legal terms are not seen to be abided by the parties towards the contract. As per the judgement made in the case of Ecay v Godfrey [1947], the violation of the contract is done or not, requires the analysis of the non complied terms which are present are truly the terms which are initially mentioned in the contract[5]. It is stated that the individual has the right to cancel the contract, as well has the right to claim for the damages which appeared because of the presence of misrepresentation, as mentioned in the case of Smith New Court Securities v Scrimgeour Vickers[6]. An individual not having the possession of the property or the title on the goods while transferring such goods to other party it will not be creating a sale which is valid because the seller will not be having the title of the goods, under such circumstances this sale is said to be invalid. This judgement was taken from the case of Car Universal Finance v Caldwell[7]. The provision with regards to the sale of the goods in which the consumers are said not to be involved is governed through the provisions mentioned in the Sale of Goods Act. In accordance to s. 19, it has been declared that proper responsibilities are required to be set on the seller for the quality of the products which needs to be of a moderate standard. This section indicates that provisions in regards to the quality of the goods are required to be implied into a contract for the sale of the goods. This refers that even though the quality of such goods are not purposely acknowledged by either parties in the contract, then it is said to be a contractual term. Through the provisions which are mentioned in the common law a few implied terms are seen to be present in the contract. A term is required to be joined in the contract for giving the needed business effectiveness towards the contract, similar judgement was declared in the case of Liverpool City Council v Irwin [1997][8]. In case of Addis v Gramophone[9], it is declared through the court that if contractual contraventions are taking place, in such a case the distressed party might be compensated for fixing the pre-contractual positions. Applicaton According to the above question, it is seen that Angelo was liable for the negligent misrepresentation. Therefore, by the applications mentioned in the case Smith New Court Securities v Scrimgeour Vickers it is declared that because of misrepresentation Barry had the right to claim for the damages because of the violation. Meanwhile, Angelo did not have the possession of the delivery van as it was taken on lease by the previous owner. The delivery van was also included in the contract and was included in the sale as well. Angelo was unable to sell the van as it does not belong to him and therefore he had violated contractual terms as mentioned in the case of Car Universal Finance v Caldwell. Angelo do not abide by the provisions under s. 19 the quality of the goods which were given by him were of no good as the loader was found to be broken and hence was of no use to Barry. Therefore, as a portion of the contract the court restores the pre-existing position of Barry Conclusion A claim can be made by Barry in relation to the violation of the contract and the damages. References Addis v Gramophone Co Ltd [1909] AC 488 Car and Universal Finance Co Ltd v Caldwell [1965] 1 QB 525 Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158 Ecay v Godfrey [1947] Liverpool City Council v Irwin [1976] UKHL 1 Smith New Court Ltd v Scrimgeour Vickers (Asset Management) Ltd [1996] UKHL 3 Smith v Land and House Property Corporation (1884) LR 28 Ch D 7 Whittington v Seale-Hayne (1900) 82 LT 49

Julian Beever free essay sample

Julian Beever is the greatest pavement artist Julian Beever is an English artist that creates surreal chalk drawings on pavement surfaces. His art is sometimes so convincing that people avoid potholes he has drawn on a pavement. His nickname is the pavement picasso. His chalk art can take days to create but only last for a short time after being stomped by pedestrians or destroyed by the elements. His art continues to live, however, by photographs taken at the time. Julian discovered his talent as an artist in the 1980s. The art of creating an image that looks real is called trompe loeil. He has worked in the UK, Belgium, France, The Netherlands, Germany, Austria, the USA and Australia. There seems to be a common chain email letter depicting his art. This in fact is what inspired me to create this squidoo page. He used to work in Punch Judy show and thats where he saw other pavement artists that inspired him to try it. We will write a custom essay sample on Julian Beever or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The 3D aspect came later: I decided to get into 3D after seeing the effect of tiles being removed from the street, and later trying to recreate the sense of depth in a drawing.How is this marvelous art created? His art is created with chalk. First, like a skillful architect, he first designs his creations on paper. Once he starts, Julian places a camera at a distance of the art and keeps observing it through the lens of the eye. The reason is simple: the camera has a wide angled lens that can create an optical ilusion that can distort the actual size of objects. I think because the camera limits what your brain can do, he said, it limits the brains ability to judge distance, it makes you only use one eye.And therefore you can make the brain believe stuff that otherwise it wouldnt believe. This is what is known as anamorphism. Once he gets started on his creation, he goes back and forth from his art to the camera a few hundred times to gain perspective. Once its created, the results will appear extraordinary as evidenced in the photos on this lens. it will slowly disappear due to nature. He is not worried about it disappearing, since he and millions of others are able to capture photographs of his creation that will forever live in the internet More about his lifeThere is not much more about Julians life, when confronted with private questions such as how much do you make from this? , he will not respond or ignore you, he would rather discuss questions about his art. Overall, Julian is very thankful to the internet because otherwise he would not have had the chance to show all his art to millions of people and gain the notariety he well deserves. Its that photograph that goes on the Internet. Then thousands of people will see it. It will be there forever. It doesnt vanish, really.The drawing on the ground is just a vehicle. Pavement Picasso dazzles pedestrians with 3D masterpieces In full view of onlookers in the middle of a London street the caped crusaders Batman and Robin scale the side of a burning building to rescue international artist Julian Beever, who is perched on the edge of the pavement. The super-hero scene is the work of the man dubbed the pavement Picasso for his talent at creating mind-blowing images on the sidewalks of everyday locations around the world. The 46-year-old artist, who is based in Belgium, has spent most of the past 20 years painting with chalk to produce stunning 3D images which mix reality with fantasy to fool the eyes and trick the minds of passers-by. From giant cola bottles to swimsuited cartoon sunbathers, Beever has made a name for himself creating illusions around the world, from Australia to the US and most of the major European countries that fall in between.When viewed from certain angles, Beevers intricately detailed chalk sketches create a convincing impression of depth on the flat surface of paving stones. From other perspectives, however, his drawings appear strangely distorted and bear little resemblance to their intended image. To construct his illusions Beever, originally from Melton Mowbray in Leicestershire, uses a camera lens to help him manipulate the image on the flat surface to appear more realistic.By using techniques of perspective pioneered by artists such as Leonardo da Vinci in the 15th centu ry and Hans Holbein in the 17th century, Beevers anamorphic art blends reality with art to fool the human eye into seeing an image that doesnt truly exist. The human brain works out 3D images based on the information it receives from the 2D light patterns that fall on to the retina at the back of the eye. When added to the brains knowledge and experience of how parallel lines converge in the distance and objects seem larger the closer they are, Beever alters those perspectives to create his illusions.Beever became interested in pavement art while working with a Punch Judy show in York during the 1980s, when he first came across the work of other practitioners. I decided to get into 3D after seeing the effect of tiles being removed from the street, and later trying to recreate the sense of depth in a drawing, he once explained. Each of his creations can take up to three days to complete and, by their nature as street art, are never permanent. If it rains it means Ive done a lot of hard work for nothing, but I usually manage to avoid that, he said.His best known works photographs of which are widely available on the internet include a deep swimming pool so realistic that shoppers swerve to avoid it, a fountain in the middle of a pedestrian walkway and a 3D drawing of the Earth that was used to highlight the Make Poverty History campaign. In addition to his 3D art Beever also paints murals, replicas of old masters, oil paintings and collages. He is often commissioned by commercial organisations or groups looking to highlight a particular campaign or message. My art is for anybody, its for people who wouldnt go into an art gallery. Its art for the people, he said.

Free Essays on M-commerce

As defined by market analysts, mobile commerce is the natural extension of e-commerce that allows consumers to make business via a wireless mode anytime, anywhere and always –on. It uses digital cellular phones, PDAs, pagers, notebooks and even cars can already be online wirelessly, all this developing another channel of the value-added chain. It is the innovation to meet the evolving customer needs of wanting to escape the personal interaction eyeball-to-eyeball pressure of purchasing. In comparison for further distinction, where e-commerce uses the Web on a computer screen to run transactions, m-commerce uses much smaller screens on mobile devices. Mobile Commerce connects business and customers via the Internet through wireless devices, cell phones, Palm Pilots, personal digital assistants, handhelds and basically any wireless device. Many businesses in various mobile industries may find wireless credit card processing very appealing. These might include those involved in m aintenance or delivery services to homes, towing companies, food delivery, transportation services, tradeshows, etc. With mobile commerce, you don't need a phone jack or electrical outlet, and transactions basically take only a few seconds to complete.( Coursaris, Constantinos. Hassnein Khaled. Head Milena. M-Commerce in Canada: An interaction framework for wireless privacy) Wireless credit card processing terminals are available in retail form (to swipe cards) or for real-time keyed in transactions. M – commerce have also become possible to the emerge of the 3G(third generation) phones that due to their advanced technology make the transition of data between the wired and wireless world possible. The 3G mobile phones are a key step in the evolution to a Mobile Internet because the technology provides significant gains in network capacity, and speed, which, will, enable advanced video and multimedia services in addition to rapid deployment of m-commerce capabil... Free Essays on M-commerce Free Essays on M-commerce As defined by market analysts, mobile commerce is the natural extension of e-commerce that allows consumers to make business via a wireless mode anytime, anywhere and always –on. It uses digital cellular phones, PDAs, pagers, notebooks and even cars can already be online wirelessly, all this developing another channel of the value-added chain. It is the innovation to meet the evolving customer needs of wanting to escape the personal interaction eyeball-to-eyeball pressure of purchasing. In comparison for further distinction, where e-commerce uses the Web on a computer screen to run transactions, m-commerce uses much smaller screens on mobile devices. Mobile Commerce connects business and customers via the Internet through wireless devices, cell phones, Palm Pilots, personal digital assistants, handhelds and basically any wireless device. Many businesses in various mobile industries may find wireless credit card processing very appealing. These might include those involved in m aintenance or delivery services to homes, towing companies, food delivery, transportation services, tradeshows, etc. With mobile commerce, you don't need a phone jack or electrical outlet, and transactions basically take only a few seconds to complete.( Coursaris, Constantinos. Hassnein Khaled. Head Milena. M-Commerce in Canada: An interaction framework for wireless privacy) Wireless credit card processing terminals are available in retail form (to swipe cards) or for real-time keyed in transactions. M – commerce have also become possible to the emerge of the 3G(third generation) phones that due to their advanced technology make the transition of data between the wired and wireless world possible. The 3G mobile phones are a key step in the evolution to a Mobile Internet because the technology provides significant gains in network capacity, and speed, which, will, enable advanced video and multimedia services in addition to rapid deployment of m-commerce capabil...

How to Get an Essay Done

How to Get an Essay Done How to Get an Essay Done Completing an education is one of the best decisions one can make in life, and part of completing an education includes writing essays. However, writing an essay is not an easy task, as it involves a complete process to get the job done. Completing essay assignments contributes to maintaining good grades and GPA scores. Many potential employers often ask potential employees for their school transcripts and not just a copy of their degrees. So, it is a good idea to be sure to complete quality essays to boost one’s grades. Steps to Completing an Essay: Choose a topic – Unless you are assigned a specific topic you will need to choose one, so choose one that is interesting to you. Just make sure it is in line with the assigned purpose, such as an overview or an analysis. Make an outline – The outline is how you will organize your ideas about your topic. The original structure of the outline may change as you go, but using it gives you a blueprint to follow. Create a thesis statement – This will convey to the readers what your essay is about, as well as specific points you plan to prove about the topic. The thesis statement states the purpose of the essay. Do the research – The next task is conducting pertinent research by gathering information from scholarly academic sources such as journal articles from sites like JSTOR, EBSCOhost, as well as books and reputable websites. Write the introduction – Your essay introduction should do the job of attracting the attention of the readers and persuading them to read the entire essay. The introduction illustrates pertinent points of the essay and gives the readers a foundation for what they will find in the essay. Write the body – This is where the main content of the essay is created. It contains the main points and subpoints of the essay and it also elaborates on each point. This is where the purpose of the essay is described, explained, or argued. Write the conclusion – The essay conclusion summarizes what was presented in the essay and provides the final perspective about the essay topic. The main points are reviewed and an author’s perspective is added. Review for correctness – After the conclusion, you need to include any finishing touches needed in the essay. Make sure your paragraphs are in the correct order and that you have followed all of the essay assignment instructions. Also, do a spelling and grammar check and be sure the essay is formatted correctly. These are the basic steps on how to get an essay done; however, if one is not up to the challenge of following these steps, using a professional essay writing service is an option.

Parables of a Violent World Article Example | Topics and Well Written Essays - 1000 words - 1

Parables of a Violent World - Article Example Writers such as William Vollmann and others help to accomplish this important goal. McMurphy, the hero of One Flew Over the Cuckoo's Nest, is a quintessential individualist. He marches to the beat of his own drum and follows his own direction in life. He refuses to follow orders and seeks out pleasure. He has an irrepressible charm that works on nearly everyone around him. He is also a natural leader in his own way. But McMurphy is not approved of. He is too individualistic and non-conformist. Although he seems American in his self-reliance, in the course of the novel he runs into serious problems from a new, more materialistic, mechanical, conformist America, represented by the institution. The job of the institution, of the anesthetizing culture that currently surrounds us in America, is to repress the irrepressible. Too many outbursts, too many adventures, are bad for business, the institution says. It locks away and neutralizes people like McMurphy who don't fit in properly and h ave no desire to do so (Kesey). This is important to understand in light of what we saw after September 11. After the terrorist attacks there was a call to arms, and also, subsequently, a call to uniformity and conformity. We were asked to march to the beat of the same drum. The president ordered us into Iraq and we were supposed to obey. Those who disagreed had their patriotism questioned. In the administration itself, we saw how people were fired for disagreeing with the president. Times have changed since then. A cultural lull has descended on the country as politics have begun to calm down. Now we have access to endless entertainment much of which is not unlike having a lobotomy. The rise of excessive celebrity culture has been representative of the last few years. Everywhere you look celebrities pose in photographs and behave outrageously on television. There is no content to their actions. In a sense, they are simply a culture anesthetic, designed to lull us into complacency, just as the drugs in Kesey's mental hospital lull the patients into a stupor. The question we must ask ourselves, faced with all of this, is how best to respond? From time immemorial, it has been writers who take a stand against injustice and cultural complacency. Through their work, they skilfully satirize and pick apart the wrongs of the status quo and show us a better way to live. They celebrate the best of what is America and condemn the worst. We can see this in action in One Flew Over the Cuckoo's Nest. What we need more than ever, is skillful writers to take on the twin challenges of today: terror and celebrity. One of the writers who is moving in this direction is clearly William Vollmann. This wholly original American writer has been as prolific as the culture in turning out new work. Every year he seems to publish a new book. One of his most stupendous achievements is Rising Up and Rising Down, a multi-volume set of books which studies the role of violence in our world. He re the novelist is leaving behind the fiction in order to pursue social and historical research (Vollmann). We need our writers in this day and age to be grounded in reality. As such, this set of books is a magnificent achievement. Vollmann's work is multifarious, but there are a few elements which can be explored in a simple manner.

Citi Bank Launching The Credit Card In Asia Pacific Essay

Citi Bank Launching The Credit Card In Asia Pacific - Essay Example The feasibility of launching the product in Singapore would become clear in the light of the following analysis: Income and Standard of Living: Singapore is a country of rich and affluent people with an average per capita income of $8,817 that is continuously growing at a higher rate than other countries in the region and a standard of living much better as compared to most of its neighbouring countries. Most of the population can conveniently afford a credit card therefore this country offers great opportunity to the Citi corp. in launching its product for the first time in the whole region. Therefore, the land of Singapore offers more opportunities than risk for the Citi Bank credit card launch. Although risks are there, but the country having 100% urban population, higher per capita income and much better standard of living offer less country risks to the launch of a product like credit card. Although the country profile of Singapore offers has great attractiveness for the launch of Citi Bank credit card, yet the market ... Although the country profile of Singapore offers has great attractiveness for the launch of Citi Bank credit card, yet the market profile suggests a great number of risks associated with it. The credit card market has been already captured by major international players such as American Express Bank, Hong Kong Bank, Chase, Standard Chartered and local banks such as UOB, DBS, OUB, and OCBC, which make it very difficult for a bank to successfully enter the market and remain profitably in business for long. In order to enter the Singapore market and successfully launch the product, Citi Bank could either purchase an existing already established business, or launch a rigorous marketing campaign to attract a great number of customers or can even both the options simultaneously as suggested by the case given. However it is recommendable for the Citi Bank to go for the development of its product's own market. The bank should adopt a number of possible marketing strategies that could help it achieve the objective of customer awareness and customer acceptance. Initially, the customers should be made acquainted to the product and then the product must be positioned in a way to win the customer acceptance. Competitive Advantage Singapore is a market where people enjoy a high standard of living and therefore, enjoy the products that are associated with image, status and recognition. Citi Bank can take advantage of this attitude by positioning the credit card and associate its image with high status, prestige, affluence and style. The bank should use its "international identity" and offer its product to the people with maximum international usage and recognition. This can be the most visible competitive advantage readily available to be

Macbeth in context Essay Example for Free

Macbeth in context Essay Macbeth is a five act tragic play, which was written by William Shakespeare for King James I in1607. It took the world by storm and today it is one of the best known tragedies available. Since it is so worthy of praise, in this essay, I am going to do a character analysis of Macbeth, the protagonist in this play. I will be evaluating how Macbeths ambition and determination to be king, eventually drags him to his downfall. Despite, he is the hero the main character; Macbeth is not introduced in the first two scenes. As William Shakespeare uses this as a theatrical device to create suspense and arouse curiosity in the audience. He does this by introducing other characters in these two scenes always speak about Macbeth. For example, one of the witches says, There to meet with Macbeth. This makes the audience curious about what they are going to do to him. Furthermore they make the King and bleeding sergeant speak of his bravery and skill, making him liked already. The dramatist Shakespeare additionally uses mythological language to glorify Macbeth. For instance the Bleeding Sergeant describes Macbeth by calling him Valours minion and Bellonas bride groom. Since Bellona is the Roman Goddess of war, Shakespeare is saying that Macbeth is a lover of war and is therefore a good soldier. Valour is courage and by calling him Valours minion he shows that he is fearless and courageous. The hero, Macbeth, was a victim of circumstance. He is firstly influenced by the three witches in act one scene three. They convince Macbeth that he has the right traits to become a king. This is exceedingly significant as this sets the path for Macbeths downfall. Another main influence on Macbeth is none other than his dearly love Lady Macbeth. She does this by questioning his manhood in act one scene seven, and lives a coward in thine own esteem. Moreover when Macbeth asks her to do it, she convinces him to murder King Duncan by saying why she cannot do it as he reminds her of her own father. During times that the play Macbeth was written, the king was considered a delegate of God. The point that Shakespeare uses King Duncan as a theatrical device is worthy of note. King Duncan description of Macbeth, before his introduction, as, worthy gentleman and valiant cousin, shows that even God is on his side. Getting praise from a demi-god shows the importance of Macbeth in that society and he may even be a role model for people at that time. One main character in the play that shows Macbeths real personality is Lady Macbeth. The first time in the play that she does this is when she receives his letter, Tis too full of the milk of human kindnesses. By doing this she shows that under all the heroic traits he is also kind and gentle. So, the audience feel even more amazed at him. Being his closest person, she always knows how to instigate him to do something. She shows this when she convinces him to kill King Duncan. Although this may seem to some people like she is the vamp in play, she is in fact only thinking for the betterment of her husband. This shows she is a loyal wife and thus shows how worthy Macbeth would have to be to get such a devoted partner. As every tragic hero, Macbeth has one human flaw, which in his case is his vaulting ambition. This shows that every person has a flaw, even a hero. For, if it was not for his ambition to be king, then none of the tragedies would have occurred. This gives the audience the moral lesson, which is that too much ambition can in turn harm a person rather than benefit them, but the right amount is good as was shown before when Macbeth was considered good. Even though Macbeth is considered a villain by the audience towards the end of the play, he redeems his honour and pride when he goes to fight, He still dies a hero. His redemption starts when he calls for his armour and says, At least we shall die with our harness on our backs. The point that even when all odds are against him, he still acts like a true soldier by trying to fight of the army, which is obviously worthy of praise. It is also worthy to note that at this point in time, when he is near his death, he begins to repent for all he has done, and this means that the audience now feels sorry for him and this is how he regained their respect. To conclude, my analysis, I would to praise William Shakespeare for his fine use of descriptive language and theatrical devices, which are expertly thought out to please the audience at the time, and also to glorify his hero, even on his death.

Whose history, which narrator? :: Essays Papers

Whose history, which narrator? Salman Rushdie’s Midnight’s Children can be read, inter alia, as the unfolding of the twentieth-century India’s history. There is in the novel, virtually all of the twentieth century Indian history: the Jallianwalla Buch tragedy, Quit India movement, Cabinet Mission, freedom movement, Muslim League and its role, riots and bloodshed subsequent to the independence, Five Years Plans, reorganization of Indian states and language riots, Chinese aggression, the theft of the sacred relic from the Hazratbal mosque, Pakistan War, liberation of Bangladesh, the Emergency, the military coup in Pakistan in 1958, and various other historically important events. There are also typically Indian divisions and dissents, chaos and disillusion, communal tensions, religious fanaticism besides traditional values and modernizing efforts. One aspect Rushdie places emphasis on, is the close link between the history of India and the history of Saleem’s family. In the end, the former can be read as a family album. Saleem’s uncle, Zulfikar, is a Pakistani general who helps General Ayub Khan to plan the military takeover of 1958; his aunt is a mistress of Homi Catrak, who is shot by the husband of Lila Sabarmati, another of his mistresses (Commander and Mrs. Nanavati in real life); his classmate Cyrus Dubash becomes the founder of a religious cult that seems to be an amalgam of Guru Maharaj and Hatha-yogi Lakshman Rao who claimed he could walk on water; Saleem himself triggers off one of the worst language riots in Bombay; his mother was first married to Shcikh Abdullah’s right-hand man; the disappearance of the Prophet’s Hair is linked to his grandfather. In addition, Saleem belongs to an extremely peculiar group of 1,001 children born within the very first hour of India’s independence, on the 15th of August 1947, and capable of performing paranormal phenomena. Saleem, thus becomes an authentic representative of India, he is India. Rushdie is convinced that there is a connection between public affairs and private lives. They interpenetrate and that is how the writer needs to examine them, the one in the context of the other. In the light of this consideration we can read the passage in which Saleem declares: Who what am I? My answer: I am the sum total of everything that went before me, of all I have seen done, of everything done-to-me. I am everyone everything whose being-in-the-world affected was affected by mine. I am anything that happens after I’ve gone which would not have happened if I had not come.

Republic Day Celebration

The Republic Day of India commemorates the date on which the Constitution of India came into force replacing the Government of India Act 1935 as the governing document of India on 26 January 1950. [1] The date 26 January was chosen to honour the memory of the declaration of independence of 1930. It is one of the three national holidays in India, and while the main parade, Republic Day Parade takes place at the Rajpath, in the national capital New Delhi, where the President views the parade, state capitals also have their state celebrations. HistoryAlthough India obtained its independence on 15 August 1947, it did not yet have a permanent constitution; instead, its laws were based on the modified colonial Government of India Act 1935, and the country was a Dominion, with George VI as head of state and Earl Mountbatten as Governor General. On 29 August 1947, the Drafting Committee was appointed to draft a permanent constitution, with Bhimrao Ramji Ambedkar as chairman. Unlike in Indepe ndence Day, Republic Day just celebrates the constitution. A draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947.The Assembly met, in sessions open to public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution. After many deliberations and some modifications, the 308 members of the Assembly signed two hand-written copies of the document (one each in Hindi and English) on 24 January 1950. Two days later, the Constitution of India became the law of all the Indian lands. The Constitution of India came into effect only on 26 January 1950, 10. 18 AM IST. Following elections on 21 January 1950, Rajendra Prasad was elected as the president of India.The Indian National Congress and other parties had been celebrating 26 January as a symbol of Independence, even before India actually became independent. Thus, signing the constitution on 26 January, to mark and respect 26 January and the freedom st ruggle and the freedom fighters. Granville Austin has described the Indian Constitution drafted by Shri Ambedkar as ‘first and foremost a social document. ‘ †¦ ‘The majority of India's constitutional provisions are either directly arrived at furthering the aim of social revolution or attempt to foster this revolution by establishing conditions necessary for its achievement. ‘The amending mechanism was lauded even at the time of introduction by Shriman Ambedkar in the following words: â€Å"We can therefore safely say that the Indian federation will not suffer from the faults of rigidity or legalism. Its distinguished feature is that it is a flexible federation. â€Å"The three mechanisms of the system derived by the Assembly, contrary to the predictions, have made the constitution flexible at the same time protected the rights of the states. They have worked better than the amending process in any other country where Federalism and the British Parliame ntary system jointly formed the basis of the constitution†Rashtrapati Bhavan and adjacent buildings, illuminated for the Republic Day, 2008. What Sir Anthony Eden, the Prime Minister of the United Kingdom (April 1955 to January 1957), said at the time of the emergence of Indian Republic is relevant in this context. He said, ‘Of all the experiments in government, which have been attempted since the beginning of time, I believe that the Indian venture into parliamentary government is the most exciting. A vast subcontinent is attempting to apply to its tens and thousands of millions a system of free democracy†¦It is a brave thing to try to do so. The Indian venture is not a pale imitation of our practice at home, but a magnified and multiplied reproduction on a scale we have never dreamt of. If it succeeds, its influence on Asia is incalculable for good. Whatever the outcome we must honour those who attempt it. Even more meaningful was the opinion expressed by an Ameri can Constitutional authority, Granville Austin, who wrote that what the Indian Constituent Assembly began was ‘perhaps the greatest political venture since that originated in Philadelphia in 1787. [edit] Celebrations Agni-IImissile in Republic Day Parade 2004. To mark the importance of this occasion, every year a grand parade is held in the capital, New Delhi, from the Raisina Hill near the Rashtrapati Bhavan (President's Palace), along the Rajpath, past India Gate and on to the historic Red Fort. Prior to its commencement, the Prime Minister lays a floral wreath at the Amar Jawan Jyoti, a memorial to unknown soldiers at the India Gate at one end of Rajpath, which is followed by two minutes silence in the memory of unknown soldiers.Thereafter he reaches the main dais at Rajpath to join other dignitaries, subsequently the President arrives along with the chief guest of the occasion. First he unfurls the National flag, as the National Anthem is played, and a 21-gun salute is giv en. Next, important awards like the Ashok Chakra and Kirti Chakra are given away by the President, before the regiments of Armed Forces start their march past. The different regiments of the Army, the Navy and the Air Force march past in all their finery and official decorations.The President of India who is the Commander-in-Chief of the Indian Armed Forces, takes the salute. Floats exhibiting the cultures of the various states and regions of India are in the grand parade, which is broadcast nationwide on television and radio. Also part of the parade are children who win the National Bravery Award for the year [2]. The parade also includes other vibrant displays and floats and traditionally ends with a flypast by Indian Air Force jets. Celebrations are also held in state capitals, where the Governor of the state unfurls the national flag.If the Governor of the state is unwell, or is unavailable for some reason, the Chief Minister of the state assumes the honour of unfurling the Nati onal Flag of India. A description from tajonline: â€Å" â€Å"26th January 1950 is one of the most important days in Indian history as it was on this day the constitution of India came into force and India became a truly sovereign country. on this day India became a totally republican unit. The country finally realized the dream of Mahatma Gandhi and the numerous freedom fighters who, fought for and sacrificed their lives for the Independence of their country.So, the 26th of January was decreed a national holiday and has been recognized and celebrated as the Republic Day of India, ever since. Today, the Republic Day is celebrated with much enthusiasm all over the country and especially in the capital, New Delhi where the celebrations start with the Presidential address to the nation. The beginning of the occasion is always a solemn reminder of the sacrifice of the martyrs who died for the country in the freedom movement and the succeeding wars for the defence of sovereignty of th eir country.Then, the President comes forward to award the medals of bravery to the people from the armed forces for their exceptional courage in the field and also the civilians, who have distinguished themselves by their different acts of valour in different situations. To mark the importance of this occasion, every year a grand parade is held in the capital, from the Rajghat, along the Vijaypath. The different regiments of the army, the Navy and the Air force march past in all their finery and official decorations even the horses of the cavalry are attractively caparisoned to suit the occasion. The creme of N.C. C cadets, selected from all over the country consider it an honour to participate in this event, as do the school children from various schools in the capital. They spend many days preparing for the event and no expense is spared to see that every detail is taken care of, from their practice for the drills, the essential props and their uniforms. The parade is followed by a pageant of spectacular displays from the different states of the country. These moving exhibits depict scenes of activities of people in those states and the music and songs of that particular state accompany each display.Each display brings out the diversity and richness of the culture of India and the whole show lends a festive air to the occasion. The parade and the ensuing pageantry is telecast by the National Television and is watched by millions of viewers in every corner of the country. The patriotic fervour of the people on this day brings the whole country together even in her essential diversity. Every part of the country is represented in occasion, which makes the Republic Day the most popular of all the national holidays of India. â€Å"

Samla’s Personal Statement

â€Å"The vision that you glorify in your mind, the ideal that you enthrone in your heart – this you will build your life by, and this you will become. † These very powerful words, written by James Allen, are a perfect description of how I have accomplished many of my goals. My main objective is to obtain a full time position with a public accounting firm to render professional services in the field of auditing. Some years ago, a former student of University of California, Irvin brought my attention to the field of auditing. I took the initiative to find out more about this career. After extensive research on the nature of the work, training and advancements, I felt this is something I could really enjoy doing for the rest of my life. I began exploring the different fields that are related to auditing programs offered and making campus visits. After several visits and consults I was attracted to the CSUF because the school allows new students to involve themselves in independent research, requiring initiative, self-motivation and a wide range of skills within the first few months and also allow students to go out for industrial practical exposure at one point or the other on a yearly basis throughout the duration of the degree. Since many of us, at one point or the other in our life, we need a professional care and assessment as regards our finance management be it an organization or the money we save or trade with or in any other capacity . So, I see this as an opportunity and it brings me great pleasure thinking about the effect I could have on the populace at large. Therefore, I have always been aware of equipping myself with solid foundations in IT and supporting knowledge in Business aspect in order to fulfill the challenging requirements of future working environment. Besides professional regular education, I have attended several trainings and extra courses instantly when I had chances and time. These include Software development, Networking, and Business development (Please refer to my resume). Academic Background and skills I attended Orange Coast College, Costa Mesa with Honors List and I major in Accounting where I got a befitting Orange Coast scholarship. I also attended Government Commercial college,Karachi,Pakistan where I had Bachelor of Commerce and I major in Accounting too. (Jan 2003-Dec 2004). Working experience My working experience dated back to early January 2004 when I was offered the post of an accountant at the Zaitoon M. A. Shakoor Brokerage Firm Karachi Stock Exchange, Karachi, and Pakistan. I was exposed to the various dynamics of stock market. My passion for this profession wax stronger after the opportunity I had in Providing professional customer service to existing customers by advising them on stock transactions, stock market trends, and providing them with up-to-date account information. I assisted with business development by providing information on the trading process to potential customers. I also learned the ability to survive under stress as I had lot of customers to attend to. I was able to exceed managements’ expectations by handling hundreds of customer accounts and supervising the office workers in the absence of a manager. I also worked as a Cashier at the Ralphs Grocery Store, Costa Mesa between Sep. 2005 – Aug. 2007 where I attended to an average of 5o customers personally on a daily basis and joined Dr Patrick the company’s marketing consultant in registering sales and issuing cash receipts. Some of the opportunities I had was as a result of my working experiences in the following areas; I was able to closely observe experts and fellow technicians to further my knowledge about accounting auditing and business management, and with this close observation, I was able to gather experiences which was to help me later in life when I finally explore and delve into some profession where these skills will be required. Besides professional regular education, I have attended several trainings and extra courses instantly when I had chances and time. These include Software development, Networking, and Business development (Please refer to my resume). I also have participated enormously so far in my undergraduate training and I have involved myself in various activities of UCI’s Accounting Association. Currently I am enhancing my knowledge by working at the Trait and associates, Inc as an accounting clerk from June 2008 till date. In the course, I also have had the opportunities of working directly under controller and CFO to organize and maintain all customer accounts and my IT knowledge has also been of immense value. My experience at Traits and associates has helped me acquire the character and those traits necessary to be a successful Auditor: commitment, confidence, compassion and strength. I believe that CSUF considers an outstanding student as one who possesses these qualities. Voluntary services Activism at any level is necessary for an individual to establish their own goals and evaluate their own career paths. Many of my interpersonal and leadership skills developed after becoming an active member of UCI’s accounting Association Future plans and goals After my Graduation from the CSUF, I would like to pursue a Master degree in the same school. I think my exposure to different accounting budgeting and auditing settings and utilization of excel to create and manage budgets for ten different departments within the company I at present work with, forces and informs this decision of mine. Not only do I want to pursue a professional carrier in Auditing, I want the opportunity to affect pre-accounting students the way the Siringos and Dr. Lee affected me. I believe I possess a talent for teaching others in manner that helps them grasp difficult concepts easily. As a part of my Auditing and accounting career, I will aim (approx. 5 years down the road) to educate Pre-auditing students as a professor at CSUF. Since many of us are confused and need someone at one point or the other to advise us on the best way and place to invest our money, I want to be part of those that will direct, lead and show others the way to financial exploit. Now is the time in which I want to pursue my true goal of becoming a professional auditor. I believe that I am mentally prepared and persistent enough to excel at any endeavor, and I have developed the compassion and commitment to the auditing profession that will drive me for years to come.

Theory of evolution Essays (414 words) - Anthropology, Free Essays

Theory of evolution Essays (414 words) - Anthropology, Free Essays Theory of evolution Shance McGuffey PHL/458 July 16, 2015 Albert Vandiver Theory of evolution If the theory of evolution is true, as scientific evidence overwhelmingly suggests, a human being is nothing more than an ape. Back as far as I could remember our schooling always suggested that we as humans had evolved from apes by using the Darwin theory. That's not quite how it works though. Apes didn't turn in to humans over the evolutionary time. Now there was a common ancestor prior to the humans and apes of today that birth to what we are today. Through differing mutations and population sequestering, the ancestor of humans and the ancestors of apes evolved through a whole different line over millions of years. Because of that ancestor that is the reason in some ape species having what we call human traits. According to scientists it is very unlikely that current apes will ever evolve into homo-sapiens through the next million years of evolution. There could be some other advanced version born from their own genetics in the distant future. (Mauk, 2013) So the conclusion is that we are not apes, in fact we have no recent evolutionary relation to today's apes. Because apes might stand on two feet and have certain family values that closely relate to humans they are as far away from us as any other mammal on this planet. Even though Darwin's theory has been used for many years scientist are having to make change to his theory because of the advances in science today. We are smarter and more mentally equipped to figure out the process of evolution today. More so than Darwin did back in the nineteenth century. Evolution by natural selection is one of the best substantiated theories in the history of science. This is supported by factual evidence from a variety of scientific disciplines, including paleontology, geology, genetics and developmental biology. The American Museum of Natural History in New York City. "All life on Earth is connected and related to each other," and this diversity of life is a product of "modifications of populations by natural selection, where some traits were favored in and environment over others". (Richmond, 2013 p3) References Mauk, B. (2013, February 14). Why Haven't All Primates Evolved into Humans? Retrieved from Live Science: livescience.com/32503-why-havent-all-primates-evolved-into-humans.html Richmond, B. (2013, May 13). What is Darwins theory of evolution? Retrieved from Live Science: livescience.com/474-controversy-evolution-works.html

How to Create Believable Characters in Short Stories

How to Create Believable Characters in Short Stories In the creation of a short story, one only has a very short window in which to convey the full range of a character. A short story is typically about five thousand words or less which is roughly about ten pages. Within those ten pages you need to be able show, not just the character but also the setting, plot, and the different scenarios leading up to the climax. How do you create a character in depth when you only have such a limited amount of words to do so with? By utilizing every single sentence you write to show things about the character. Don’t spend valuable words describing a character when you can show the character through dialogue and actions. Let’s say your heroine has long black hair. Saying that she has long black hair would describe her, but in a wasteful way since that statement does nothing but tell the reader that she has long black hair. Instead, why not show her impatiently pulling on her hair as the strands stubbornly coiled around her glistening arms like sinuous black snakes. With this second description, you’re not only telling the reader that she has long black hair but you’re also telling them that she’s in a hurry and is impatient with how her hair is sticking to her arms. Her arms are wet, could be raining or perhaps it’s sweat. The fact that strands of her hair are able to coil around her arms tells the reader that it’s pretty long. Long enough to tangle around her arms. Using black snakes as a symbolism not only tells the reader that she has blac k hair but also sets the stage for something suspenseful to happen. In a short story there’s only so many words to set the stage for climax so they need to be carefully chosen in order to convey multiple meanings. Make dialogue and attitude count for your character. Everything that’s said needs to show who and what the character is all about. Using a dialect can tell the reader where the character comes from. Create attitude for the character through how they talk. Use slang. If one is trying to show a nervous man, there’s no need to come straight out and say that he’s nervous and stammers a lot. Show it in his actions and the way he talks. Describe him looking down at his feet with hunched shoulders, trying to get a sentence out. Show him breaking up the words such as, â€Å"Sh†¦she, umm, she went over th†¦there, that way.† Have him push his glasses up on his nose with trembling fingers and tilt his head slightly to peer at the other person through his lens. These kinds of statements keep the story moving along while imparting a tremendous amount of information about this particular character. Immediately one starts to sympathize with this guy. The writer shows him either as a painfully nervous character or someone who is scared to death of something that’s happening or going to happen. It makes the reader want to keep going so they can find out exactly where the cause of his discomfort is coming from. Your goal as a short story writer is to create characters that are believable to the reader without them ever knowing that you’re telling them. Make it so that they feel as if they’re figuring it all out and picturing them in their minds. By doing so, you’ll carry the reader right along to the end of the tale.

Response Essay Example | Topics and Well Written Essays - 750 words

Response - Essay Example It is hard to interpret this new move of soda giants. It could be a step in the right direction, or another corporate lie aiming at health-oriented people who would think they are making the right choice by consuming chemical-infused sodas that might not be so healthy for them in the long term perspective. According to a recent publication in The New York Times, a new advertising battle is brewing between soft beverage giants Coca Cola and PepsiCo (Martin, 1). After the cola wars, the diet cola wars and the mid-calorie cola wars, a vitamin cola war is ahead. Diet sodas will be dueling to entice consumers with the promise of a little healthy extra in their glass. Coca Cola plans to introduce a new brand of diet Coke with vitamins and minerals. The company is preparing for a spring or mid-summer launch of the Diet Coke Plus. PepsiCo is also ready to shoot. Their new Diet Pepsi Max will be infused with ginseng and more caffeine than the well-known, regular Diet Pepsi. The company is also preparing a vitamin counter-attack - Tava, which is expected to hit the shelves in June. Both diet sodas respond to a growing market niche. The health and wellness industry boom created a new category of "functional beverages". They promise a wide range of benefits for the consumers - they claim to invigorate, energize, stimulate, refresh and beautify, among everything else. Right now this immensely growing market segment is dominated by small players such as Red Bull, Mountain Dew, Vitamin Water and green tea drinks, while Coke and Pepsi are staying behind the healthy scene. The author of the article claims that the $ 68 billion soda business has dropped for the first time in 2005 (Martin, 1). A steady downfall was estimated even in diet Coke consumption. As sales of full-sugar soda decline, PepsiCo and Coca Cola are racing to add low-calories and non-carbonated drinks to their product mix. In contrast, sales of mineral water, energy drinks and green tea drinks are growing in double-digits. Confused by the fact that Coca-Cola Classic may not continue to make life taste good for a long time, Coca Cola marketing teams are exploring different opportunities in response to the poor performance of soda drinks. An increased interest in soft drinks with vitamins added has emerged. The beginning of this brand new trend was put by the "Gatorade concept" which aimed to increase the popularity of health drinks with both energizing and rejuvenating qualities among sport-oriented consumers. As drinks like "Gatorade" became widely spread, so did the soda giants' marketing plans towards a growing niche of specific target groups with specific wants and needs. In fact, healthy soda seems not to be an entirely new idea. According to the New York Times article, "7UP Plus", which appeared in 2004, was a low-calorie soda fortified with minerals and vitamins. It was claimed to be "100% natural". The product contained high-fructose corn syrup though and after public pressure the company was forced to change the label to: "100 percent natural flavor" (Martin, 1). When large and popular companies, such as Coca Cola and PepsiCo explore new market opportunities and invade new market niches, they face the need to build up new public images of their "healthy" brands. These companies must decide whether to use their already affirmed brands for assistance, or to invest in search for new corporate identities. If the

Advanced Construction Law Essay Example | Topics and Well Written Essays - 3500 words

Advanced Construction Law - Essay Example The main aspect that needs to be understood is that an LOI is not a contract; at best it is an offer that needs to be confirmed or negated by the other party. However, a particular contractor by dint of some merit has been chosen over others. â€Å" It applies also where the sub-contractor has been chosen for his specialist trade. – â€Å"British Waggon Co.-v-Lea (1880)† 2 (Footnote: In this case it was held that delegation of contractual duties is possible except when individual’s skill, competencies and other resources are not considered while effecting the delegation.) This was again confirmed in the case of â€Å"Southway Group Ltd-v-Wolff and Wolff (1991)† 3 (footnote: Novation is another means by which contractual obligations can be "transferred" from one person to another) That being said, it is also necessary to state that in construction business, the main documents are the floatation of tender. As per accepted protocol, the contractor or owner floats tenders which are quoted by different parties, these tenders are examined and the final bid is finalized. â€Å"The form and content of LOIs are as varied as the circumstances in which they may be issued.No doubt it is this variety that led Robert Goff J in British Steel Corp v Cleveland Bridge and Engineering Co Ltd (1984) to observe that there is "no hard and fast answer to the question whether a letter of intent will give rise to a binding agreement: everything must depend on the circumstances of the particular case." 4 Sometimes there is an oral promise by one party to do something and for another to remunerate him on his doing it. â€Å" The latter transaction is really no more than a standing offer which, if acted upon before it lapses or is lawfully withdrawn, will result in a binding contract.† 5 However, in this case, although the parties wished and hoped for the contract to be finalized, it did

Methods and tactics used to reduce gender and racial disparities in Essay

Methods and tactics used to reduce gender and racial disparities in prisons.-CRJ - Essay Example Lately the query about racial and gender disparities in prisons arises more occasionally and intensively, calling to implement specific instruments and tactics to diminish that phenomenon. Due to the statistic results African Americans and Hispanic lawbreakers are more likely to be convicted of felony than white people (Hartney & Vuong, 2009). Also in most cases the sentences of black people are longer. Disparity of arrest rates between racial groups strikes and scares drastically. Moreover, death penalty among colored prisoners is spread oftener than among white delinquents. In addition, there is a significant disproportion between male and female rates of criminality. All mentioned facts indicate the inequality in judicial system concerning offenders of different races and genders. According to stated problem several solutions that are aimed to reduce disparity can be recommended.

The Ntsb And Icao In Accident Investigation Engineering Essay

The Ntsb And Icao In Accident Investigation Engineering Essay This paper provides a report on the National Transportation Safety Board and the International Civil Aviation Organization and their contributions to aircraft accident investigation. Brief histories of the two organizations along with a few highlighted events are provided. The NTSB and ICAO in Accident Investigation The NTSB, Americas legendary investigative body, is charged to find causes for transportation related accidents and make recommendations. ICAO, an agency under the United Nations jurisdiction, is charged to promote and standardize international aviation throughout the world. The purpose of this paper is to look into these important two organizations and see how they contribute to the aviation industrys accident investigation abilities. First, let us get familiar with the NTSB and ICAO and learn a little bit of their histories. NTSB History National Transportation Safety Board has an interesting history, which shaped the organization into the well-respected investigative body we know today. In 1926, Congress passed the Air Commerce Act of 1926. The act charged the U.S. Department of Commerce to form an investigative body to research and report on aircraft accidents. In 1940, the Civil Aeronautics Boards Bureau of Aviation Safety was created. This newer agency took over the responsibility of aircraft accident investigations. In 1967, the Department of Transportation was created and NTSB was established to be an independent agency under the umbrella of the DOT. The NTSB is charged to investigate accidents in aviation, ground transportation, shipping, railroads, and pipelines. The NTSB also investigates accidents involving hazardous material transport. In 1974 Congress moved the NTSB out of the DOT to make the agency independent citing, No federal agency can properly perform such (investigatory) functions unless it is tota lly separate and independent from any other agency of the United States.. The NTSB has performed over 132,000 aviation and thousands of surface transportation accident investigations. The agency is on call 24 hours a day, 365 days a year. The NTSB on occasion has been invited to other counties to assist with their aircraft accident investigations. (History of The National Transportation Safety Board, n.d.) Now that we have a basic understanding of who the NTSB is as a government agency, we can transition over to the history of ICAO. ICAO History People outside of aviation know little about the International Civil Aviation Organization. According to ICAOs website, the International Civil Aviation Organization (ICAO) was created by the United Nations, in 1944. Their purpose is to promote safe, secure, and sustainable development of civil aviation with the cooperation of the United Nations Members. (International Civil Aviation Organization, n.d.) To this day ICAO still strives to meet and exceed their goals established back in 1944. Around two years ago, ICAO had declared its strategic objectives for 2011-2013. ICAO would like the members of the United Nations to continue to support the agencys standards and recommendations, to promote a better international civil aviation environment. ICAO desires that everyone can operate to the level where optimum safety, security and sustainability can be achieved. ICAO has three strategic objectives. First, Enhance global civil aviation safety. Second, Enhance global civil aviation security. Finally, Foster harmonized and economically viable development of international civil aviation that does not unduly harm the environment. (International Civil Aviation Organization, n.d.) ICAO, the UN backed agency, could be better compared to the United States Federal Aviation Administration (FAA) or and other nations equal. However, unlike the FAA, ICAO lacks the ability to enforce regulations and dictate policies. The FAA has the power to enforce the FARs and levy penalties. Unlike the FAA, ICAO has, on rare occasions, conducted aircraft accident investigations and submitted reports in accordance to its own Annexes. The two aviation disasters, that ICAO investigated and reported, worth mentioning are the 1973, Libyan Arab Airlines Flight 114 and 1983, Korean Airlines Flight 007. Libyan Arab Airlines Flight 114 Libyan Arab Airlines Flight 114 was ICAOs first accident investigation. This disaster occurred during the 1973 Yom Kippur War, between Israel, Egypt, and Syria. There were 108 fatalities resulting from the Israeli Air Force shooting down of the Boeing 727. According to the Aviation Safety Network, an internet database developed for the Flight Safety Foundation, the following events occurred. Libyan Arab Airlines Flight 114 was traveling from Benghazi, Libya to Cairo, Egypt. On the aircrafts approach to Cairo weather became a huge factor, due to the amount of heavy cloud cover. The aircraft strayed off course into the Sinai desert and into Israeli occupied air space. 2 Israeli Air Force fighter jets intercepted the civilian airliner and tried to get it to land. Libyan Arab Airlines Flight 114 did not comply with the fighter jets request and tried to return to Egypt. The Israeli fighter jets shot down the aircraft forcing the pilots of Flight 114 to attempt a belly landing, in the dese rt. Upon impact, the airliner burst into flames and all were killed. ICAO conducted the investigation and reported the Cairo beacon was probably not functioning at the time of the event. The approach control radar was out of order too. (Aviation Safety Network, n.d.) ICAO was tasked to investigate the aircraft accident, by the United Nations, since Israeli-Arab relations were non-existent. The neutral party conducted its investigation, interviewed involved parties and drew out its causes and recommendations. It would be ten years later, that ICAO would have to assume the accident investigator role. This time an incident involving the United Sates and the USSR, who are deeply entrenched in the Cold War. Korean Airlines Flight 007 Based on this researchers exploration, the 1983 Korean Airlines Flight 007 incident was the first time where the NTSB and ICAO interacted directly with each other. According to the Aviation Safety Network, the following events occurred to KAL-007s demise. Korean Airlines Flight 007 was flying from New York City to Seoul, Korea, with one stop in Anchorage, Alaska. After being refueled in Alaska KAL 007 began its final leg to South Korea. The part of the trip would run along Soviet borders and air space. This was a normal route for aircraft traveling from North America to Asia. During this time, the Soviet Military were conducting tests in this region and USAF RC-135 recognizance aircraft were conducting operations. The USAF presence would prompt a Soviet fighter response. KAL007 unintentionally was flying in and out of Soviet airspace, which warranted a fighter response. The Boeing 747 airliner did not respond to the Soviet fighter pilots warnings. The fighter pilot was instructed to shoot-down the unresponsive aircraft. The fired missiles damaged the aircraft, causing a massive decompression of the airliner and causing the jet to crash into the ocean. (Aviation Safety Network, n.d.) Since Korean Airlines Flight 007 originated from the United States, the NTSB jumped into action to begin their investigation of the accident. It was their legal obligation to perform the investigation, but the U.S. State Department squashed the NTSB and made a formal request to have ICAO conduct the investigation. The State Department and the Reagan Administration did not view this event as an aviation accident but as a civilian aircraft downed by the Soviet Air Force. This would be ICAOs second aircraft accident investigation, since the 1973 Libyan Arab Airlines Flight 114. Perhaps a neutral party was appropriate for the situation, but ICAO has no authority to demand participating countries to provide evidence. ICAO could only ask for voluntary information only. According to an FAA journal, Transportation Certification Update, Summer 1995, in 1992 ICAO, the NTSB led a delegation to the Russian Federation during the AIG/92. The purpose of the trip was to develop a consensus to improv e the content within Annex13 and improve that accident investigation process. In 1993, ICAO with the NTSB reopened the investigation on Korean Airlines Flight 007. (FAA, 1995) With the Cold War ending in the late 1980s and early 1990s, ICAO was finally able to acquire additional information to present a more acceptable report for the KAL 007 investigation. ICAO and the NTSB were able to see declassified documents, and research additional evidence that prior to the end of Communism would not have been possible. However, even today there are dozens of websites and books that believe there is a more sinister story behind the 1983 Korean Airlines Flight 007 disaster. NTSB FedEx 1406 The NTSB as an agency possesses a legendary amount of experience and accomplishments, but they are also human too. The inflight fire of Flight FedEx 1406 comes to mind. . According to the Aviation Safety Network, FedEx 1406 was traveling from Memphis, Tennessee to Boston, Massachusetts when the smoke detectors within the cargo bay systematically activated. The smoke detectors, on the upper deck, activated in the following sequence 9, 8, 7, 10, and 6. The crew was able to land safely at an airfield in Newburgh, New York. The aircrew evacuated safely, but once the compartment hatches were opened, the aircraft erupted in flames. The firefighters were able to extinguish the fire but the aircraft was a total lost. The fire, that burned inside the cargo hold penetrated through the fuselage and cutting the tail section off the aircraft. (Aviation Safety Network, n.d.) The controversy with this accident was that the NTSB and the National Fire Protection Association (NFPA) could not agree with the source and origins of the inflight fire. Both the NTSB and the NFPA had vast amounts of data to back each others claims. According to Walters Sumwalts book, Aircraft Accident Analysis: Final Reports, the air carrier had no idea about the nature of its cargo. The NTSB had recommendations for both the FAA and the Department of Transportation. Today all persons sending out mail packages or cargo must declare their contents to ensure these items are properly packages and positioned for transportation. This was one accident where nobody involved died and major improvements to cargo transport were implemented. The NTSB and the NFPA could agree on the fire but lives are being saved from the lessons from this accident. (Walters Sumwalt III, 2000). Conclusion In closing, the NTSB and ICAO have kept their promises in promoting and maintaining a safe and secure aviation industry. It is unfortunate that the aviation industry is inherently reactive and needs aircraft accidents and disasters to prompt changes. The FAA and Congress use the recommendations, from the NTSB, to enact improvements and change laws. Sometimes airlines and aircraft manufactures still drag their feet when complying with the newer standards. Today aviation is the safest mode of transportation. Organizations like ICAO, the FAA, the NTSB, and their counterparts provide tremendous service to the citizens of the world. These agencies along with strict regulations make air-travel, as humanly possible, universally safe and secure.

Graduation Speech -- Graduation Speech, Commencement Address

I'm sure everyone here has seen a picture of a mother duck leading her ducklings. Imagine the mother duck taking her ducklings up some stairs. The mother duck easily climbs the first stair and waits for the other little ducks to climb up. The first duckling stretches its wings as high up in the air as it can and stands on the tips of its little webbed feet. With a little help from its beak it manages to barely make the first step. Sometimes it requires a little help from mama duck to boost itself up. Despite the cute and rather funny part of this picture, it is possible to learn a lot from the ducks. The two ideas we can gain from them are leadership and following. In life each one of us is a leader and a follower at some point. Leadership is of key importance to the Christian, and also simply to every person. It is easy to imagine the kind of world that would ensue as a result of no leadership. There would be utter chaos and nothing positive would get done. Often we think of leaders as people with great authority such as the President of the United States, bosses of major corporations, and in the case of school, the principal and teachers. But the fact that does not readily present itself to us is that each one of us in some way or another is a leader. Everyone leads at some point in their life whether they realize it or not. Younger generations always look up to and follow older generations. Although they may not admit it, I am sure the underclassmen at our school have followed the lead and example of the Class of 2006. This is an awesome task to undertake: that of leadership. It is important to constantly remind yourself that someone is watching and following your lead. Paul wrote in 1 Corinthians 11:1, "Follow my examp... ...e tool in dealing with the problems that life throws our way. As a follower we must choose wisely who we associate with. A close group of friends can provide many things that help us along life's path in the Christian walk. Good Friends can provide support through tough times, accountability, and good fellowship. Leadership and following are not generally thought of as interconnected, though each one of us is both a leader and a follower. As a leader we must be a good example and a servant. As a follower we must choose wisely who to look up to and associate with and ultimately we must follow the perfect lead of Jesus Christ. I encourage everyone here, and especially the graduating class of 2006, to remember you are a leader, leading others to know Christ and His perfect plan for them, and a follower, learning to follow Christ and His perfect plan for ourselves.

Louis Vuitton Malletier V Dooney & Bourke Inc

Louis Vuitton Malletier v Dooney & Bourke Inc. In this famous case known as the â€Å"Battle of the Handbags† Louis Vuitton (LV) sues Dooney & Burke (D&B) for trademark infringement of its multicolore line. The Plaintiff, Louis Vuitton Malletier ,is a French fashion house founded in 1854 by Louis Vuitton. The famous label is well known for its LV monogram, which is featured on most of its products. Louis Vuitton is considered as one of the world’s most valuable and prestigious brands. The LV monogram was created in 1896 by Louis’ son Georges Vuitton who invented the symbol and the letters represent his father’s initials.The logo is a Japanese-inspired flower motif which initially was created as a way to prevent counterfeiting. This memorable logo is now synonymous with luxury, brilliance and indulgence. It is the world's 29th most valuable brand and is estimated to be worth over $19 billion USD. Unfortunately, Louis Vuitton is one of the most counterfeited brands in the fashion world due to its image as a status symbol. The company takes counterfeiting seriously, and uses all its possible resources to fight counterfeiting. The Defendant, Dooney & Bourke, is an American company founded in 1975 by Peter Dooney and Frederic Bourke.The company specializes in fashion accessories and is best known for its high quality handbags, accessories, and travel luggage. Their Signature and Mini Signature handbags consist of the â€Å"DB† initials interlocking in a repeating pattern. The founders of the company started off with two introductory products: surcingle belts and suspenders for men. Their products became very popular due to their unique design and color. Now Dooney & Bourke is a well-known brand in America and has a good reputation for making quality products. The defining look of Dooney & Bourke is elegant and sophisticated, but above all, it is timeless.Its classic designs make these handbags the perfect accessory for any outfit d ue to the superior quality and unique form. In 2002, the designer Marc Jacobs invited the Japanese artist Takashi Murakami to come up with a fresh take on the Louis Vuitton †toile monogram† famous entwined LV logo intermixed with flower shapes for a new line of bags. This led to the creation of the Monogram Multicolore design, in 33 colors, displayed on handbags in a repeating pattern against a white or black background. The bags made their debut on Paris runways in October 2002 and were then presented in prestige retail outlets in March 003, where they sold for up to $3,950. Previously LV registered its famous LV monogram design pattern and the individual unique shapes as trademarks with the United States Patent and Trademark Office. In July 2003 D in collaboration with Teen Vogue developed a new line of handbags for teenagers. It was launched as the â€Å"It Bag† collection. The pattern on the purses consisted of the entwined â€Å"DB† initials printed in contracting colors on variety of colored backgrounds and white and black background. D released handbag line looked similar to Louis Vuitton's trendy model, but the price was significantly lower.Considering the fact that Louis Vuitton fights counterfeiting very aggressively, not surprisingly, the matter ended up in the courts. LV immediately viewed the â€Å"It Bag† as a copy of their design. When Louis Vuitton gathered with legal counsel on their options to file suit against Dooney and Bourke, they became aware of the alternatives that were available to them in order to move forward. For designers and manufacturers in the American Fashion industry, there are four possible avenues to explore: 1) Copyright protection, 2) Patent protection, 3) Trade Dress protection and 4) Trademark protection.Copyright protection covers a range of categories including literacy, musical, dramatic, choreographic, pictorial and architectural works. Within this range, the only one that is applica ble to fashion designs is pictorial, as it shields two- and three- dimensional works. Patent protection shields any â€Å"new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof†. Since the design in the fashion industry rarely creates a new process, machine or manufactures, they have a separate statute specifically for them for new, original and ornamental design for an article of manufacture.Trade dress protection is addressed under the Lanham Act to defend the design and appearance of the product as well as that of the container and all elements making up the total visual image by which the product is presented to customers. Colors have also been addressed under the Trade dress protection in which the United States Supreme Court has stated that the color and designs of a product are only protected under the Lanham Act if a secondary meaning has been demonstrated.Color and design must be associated by the customer fo r that particular product over time. In 2004, the legal team decided to advance with option 4: Trademark protection. They claimed trademark infringement, trademark dilution, as well as unfair competition and false designation. Trademark infringement harbors a manufacturer or seller’s product to include a word, slogan or symbol. For instance, Apple is an example of a word that cannot be used in relationship with software or computers as it will cause confusion from a consumer’s perspective.Nike holds the trademark of the slogan â€Å"Just Do It† that is associated with its product and McDonald’s hold trademark of the golden arches symbol. In some instances this protection can extend to other properties such as its color or even its packaging. For trademark dilution claims, the distinctive quality of a mark must be diluted by blurring or tarnishment. However, the likelihood of confusion is not necessary. Unfair competition and false designation is character ized as likely to cause confusion, mistake or deceive the consumer.Section 43(a) states â€Å"any person who on or in connection with any goods or services, or any container goods, used in commerce any word, term, name or symbol, or device, or any combination therefore, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact which a) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval or her goods, services, or commercial activities by another person, or (b) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities or geographic origin of his or her or another person's goods, services or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. † In a ddition under sections 32 and 43(a) of the Lanham Act, trademark protection extends above the registered trademarks to the unregistered trademarks from misuse or reproduction in commerce. Once a trademark is established as fundamentally distinctive or to have developed secondary meaning, as well as protection under the Lanham Act, one can then address the likelihood of confusion under trademark infringement.Statutes require a sense of clear case situation as well as a specific element of which the claim can be proven as a violation of the law. This means that sequential evidence is needed, as this poses the validity of the claim and further makes the justification of the case. Without this evidence, the case could be deemed as void, as there is no possible evidence that can prove the claim. Statutes also require the clarity of the case, which means the details of the case or the violation should be given in chronological order so that the justifications set for the claim as well as the laws that could be used to make it more justified could be legally provided.There is actually a varied definition on how violations of laws happen. There are times when a crime committed may not be a violation of the law, or the violation of the law is not a crime. This happens when the crime being claimed is not part of the scope of the statute, or there is no existing law for such crime. Therefore this results in deliberating on whether the action indeed is a crime or a violation of the law. Situations such as this often arise from actions where the defendant is ignorant of the law which he has violated. In addition, the claimant can be the one who is ignorant of the law when he laid evidence on the ‘crime’ allegedly committed by the defendant.Now that we have a thorough understanding of the applicable laws, the rules that govern those laws and what are required by the statutes to prove a violation of law we can examine how the case unfolded. As previously stated, Vuitton filed suit against D&B in April of 2004 in the United States District court for the Southern District of New York, claiming trademark infringement, unfair competition and false designation, and trademark dilution. Vuitton moved for a preliminary injunction against D&B which would have stopped sales of the â€Å"it bag† until the case was resolved. The District court ruled in favor of D&B and Vuitton was not granted the injunction. In determining trademark infringement the court applied the two prong test required of Section 43 of the Lanham Act.First the test looks to whether or not the mark merits protection by determining if the unregistered trademark is distinctive or has achieved secondary meaning. In this case the district court did find that Vuitton’s design was distinctive and had garnered secondary meaning in the market place. The second part of the test involves deciding whether the defendant’s use of the mark is likely to cause consumers confu sion as to the origin or sponsorship of the defendant’s goods. Accordingly the court then examined the eight factors weighed in determining likelihood of confusion: 1) the strength of the mark, 2) the similarity between the marks, 3) the proximity of the roducts, 4) the likelihood that the plaintiff will bridge the gap between the markets of the two marks, 5) actual confusion, 6) the defendants good faith in using his or her mark, 7) the quality of the defendant’s product, and 8) the sophistication of the customers. The district court ruled that there was no likelihood of confusion based on its evaluation of the 8 factors and thus denied the injunction. In addition, the district court found that Vuitton was unable to prove trademark dilution. LV appealed the injunction denial to the Second Circuit Court of Appeals hoping to force the court into making a more broad judgment with regard â€Å"design piracy†. Unfortunately for Vuitton the court was not in the mood to make a statement in favor of protecting designers.Rather than make its’ own ruling on the case, based on the facts laid out before the court, the Second Circuit instead focused on a mistake by the district court in its application of the standard of likelihood of confusion. The Second Circuit had previously held in Louis Vuitton Malletier v. Burlington Coat Factory that courts must use a sequential market place comparison rather than a side by side comparison when applying the standard of likelihood of confusion. The district court had used a side by side comparison that the Second Circuit deemed improper. In addition, the Second Circuit agreed with the district court that LV was not able to prove trademark dilution at the federal level.In order to prove trademark dilution the plaintiff must demonstrate the following; â€Å"its mark is famous, the defendant is making commercial use of the mark in commerce, the defendants use began after the mark became famous, the defenda nts use of the mark dilutes the quality of the mark by diminishing the capacity of the mark to identify and distinguish goods and services†. Vuitton was able to prove the first three requirements but was unable to prove actual dilution. While the court did agree that LV could not prove actual dilution (the federal requirement) they vacated the injunction at the state level due to the fact that it only requires LV to show likelihood of dilution.The Second Circuit decided to remand the similarity of the marks factor back to the district court for reconsideration. This meant that the district court would use the sequential market place comparison when examining the similarity of the marks and hold onto all other previous analysis of the likelihood of confusion factors. Even if the market place comparison had an effect on that one factor it was very unlikely to affect the outcome of the district court’s ruling because the similarity of the marks was just one of eight weight ed factors. The Second Circuit was essentially making a statement with its handling of this case that it was not prepared to make a precedent setting ruling on the lack of protection for â€Å"design piracy† in the fashion industry.Even if they desired to address the topic, strictly following the established law would have prevented them from coming up with a different result. The court may have felt that any perceived or real injustice plaguing the fashion industry should be handled through the adoption of written law rather than legislated from the bench. Ultimately in May of 2008 the district court granted summary judgment to D&B on all claims. The court found that Louis Vuitton did not have adequate evidence to present with regards to the trademark infringement or dilution claims. While the outcome of the case disappointed many people because D&B did copy the design, the court based its decision on the interpretation of the law.Another example of a trademark infringement case that could have implications is European Trademark v Google. Originally LV sued Google in France claiming trademark infringement from Google’s AdWords program and the French court ruled in LV’s favor. The court held that Google was committing trademark infringement and diluting the trademark when it decided to sell the LV name to other companies in order for their site to pops up upon a search. Unfortunately for LV the European Court of Justice later ruled that Google in fact was not guilty of trademark infringement. There is a silver lining for LV. The court stated that advertisers using a trademark as a keyword can be held liable for infringement.The court specifically stated that â€Å"such use of a trademark by the advertiser adversely affects the source-indicating function of the trademark if the advertisement does not enable normally informed and reasonably attentive internet users to ascertain whether goods or services referred to by the ad originate from the proprietor of the trademark or, on the contrary, originate from a third party†. Thus, a company like Louis Vuitton does have legal recourse if it finds misleading advertisements from searches of its brand. In addition, Google can be held accountable if it was aware of the improper use of the trademark and did not take the ad or content down.The ruling could have impacted a case like Louis Vuitton Malletier v Dooney & Bourke Inc. , but instead has gone farther towards protecting companies in the fairly unregulated internet market place. In closing, companies like LV will have to continue to be extremely aggressive through the use of lawsuits in order to protect their brand. Once more laws are applied to specific industry, such as the fashion industry, it will become easier to convey. The courts can only interpret the law, not create laws to safeguard these specific industries. The courts, as well as the citizens, have to trust that the legislative branch will step up and ad dress these complex issues.