Thursday, August 27, 2020

Internship Argumentation Free Essays

Confidence Rivers Dr. Gul Celkan English 1101 October 22, 2012 Internship Argumentation Internships are openings that numerous understudies take before moving on from school. Regardless of whether paid or unpaid, they’re valuable to understudies, in any case. We will compose a custom article test on Entry level position Argumentation or then again any comparable subject just for you Request Now They give experience that can’t be adapted somewhere else, and furthermore gives them an edge in contrast with understudies that don’t accept the open door. Obviously, temporary positions can have their ruins where they may not be paid attention to as a ‘real world’ work however the professionals that entry level positions offer exceed the cons. As I’m normally a cumbersome individual, I would feel substantially more substance realizing that when I go to the emergency clinic, gifted doctors are rewarding me. I wouldn’t have a sense of security in the event that I realized that the specialist rewarding me was straight out of school, and had no understanding added to his repertoire. I would scrutinize the consideration that I’m under. Temporary positions are another path for understudies to increase extremely valuable experience as opposed to gaining just from a course book. These understudies can work in the activity market, and put their aptitudes to utilize. In great planning obviously! They additionally get the opportunity to watch and gain from experienced work force. Another bit of leeway to temporary positions is the contacts that they make while there. They’re ready to stretch out under these offices, which give them a system of contacts to depend on. Having the note, ‘intern at ‘x’ company’ stands out like a green checkmark on their resume as organizations welcome this when taking a gander at an alumni continue. It promptly makes them increasingly serious in the activity showcase, and has more noteworthiness to an organization. Organizations realize that these alumni have had comparative work, and experience that they can effectively utilize in the company’s office too. Graduates are likewise commonly arranged for the work power. These prior understudies comprehend what they’re getting into when they’re going after these positions and they’re arranged. This is helpful for the associations that they’re applying to in light of the fact that the organizations can be guaranteed that they’ve had a type of preparing in the field previously. Certainty is critical! This is a mainstream saying and should be applied in this situation. Temporary jobs give a security net to graduates in different manners. The alumni can have confidence that they have a comprehension of what they’re doing, and how to apply that information in the activity showcase. It’s normal that most organizations enlist back their assistants, which is helpful to the two sides of the gathering. It’s advantageous to the organizations in light of the fact that the representatives have gotten the opportunity to meet the assistant and work close by them. Similarly, it’s great for the alumni in light of the fact that they’ve had the option to put their insight to utilize, and have had the chance to work in that regarded office and get a thought of what it’s like. Notwithstanding the entirety of the favorable circumstances that temporary positions offer, the drawback is that on the off chance that an understudy takes an unpaid entry level position, at that point the understudy won’t discover any inspiration towards it. In many occupations, individuals make a solid effort to maintain their employments in control to get the prize: their check. With an entry level position, understudies will simply take a gander at it as a volunteer movement and not completely value it or the information that it gives. The temporary job would simply be something else to confirm of the rundown. Likewise, assistants won’t get the standard preparing in that activity. Since organizations realize that the understudy is just interning for a select measure of time, organizations won’t train as altogether. Also, the understudies won’t get a similar work as that of a standard representative. The organizations will figure that since the understudies are still in school and just interning, at that point the understudies won’t handle the procedure of everything or won’t do it effectively. There are numerous assessments on the focal points and detriments of entry level positions, however taking a gander at the realities, it’s apparent that temporary jobs are very gainful to understudies. Organizations understand this also when taking a gander at graduates’ resumes, in light of the fact that these past understudies are attractive to organizations. Temporary jobs additionally show organizations that these graduates have possible working in their office. The past assistants recognize what they’re getting into and are educated and arranged. Contrasting a student’s resume and one that did an entry level position contrasted with that of one that didn’t, the organization would have more enthusiasm for the understudy that was an assistant previously. Entry level positions give understudies experience that can’t be gained from a reading material or somewhere else! Imprint, Ashley. â€Å"Internship Argumentation Essay. â€Å" Macon State College. Warner Robins, GA. 2012 Instructions to refer to Internship Argumentation, Papers

Saturday, August 22, 2020

Reaction Paper on African Short Stories

Response Paper 3: South Africa is one on the most dubious nations on the planet. It is situated in the southern part, at the base of the mainland of Africa as its name demonstrates. The nation is known to shield a decent variety of dialects and societies. The nation experienced numerous brutal occasions contradicting the white minority commanding over every single other race. Luckily, a man named Nelson Mandela will change the course of history and effect Africa and the world in an incredible way.The job of this paper will be to think about the socio social and financial states of people in South Africa by building up the string they all appear to share for all intents and purpose, to expound on the setting that makes these conditions conceivable and at long last, we will attempt to recommend a few answers for these issues. In our investigation of the South Africans people, we will utilize three significant stories identified with South Africa. These accounts can be found in the book African Short Stories, altered by Chinua Achebe. Chinua Achebe is viewed as one of the most persuasive authors in African writing and everywhere throughout the world.His set of three of books about Nigeria and Africa are perused everywhere throughout the world and interpreted in numerous dialects. He set up various stories identified with Africa in a little book. These accounts generally are discussing issues throughout everyday life and especially in Africa. The narratives that we will use here are thusly identified with South Africa. Propositions stories are the husband composed by Nadine Gordimer, the espresso truck young lady composed by Ezekiel Mphalele and appearance in a cell set up by Mafika Gwala. Every one of these accounts are for the most part reflecting one basic thing, the states of life of dark individuals in South Africa.The stories by and large mirror the impacts that politically-sanctioned racial segregation had on the number of inhabitants in South Africa. It is critical to explain what the word politically-sanctioned racial segregation alludes to. Politically-sanctioned racial segregation was a framework in which racial isolation was the foundation and was empowered and built up by the national government. Note that a minority of white individuals shaped the legislature and that the individuals that were racially isolated were individuals of other â€Å"color†, particularly the Africans. In the accounts introduced in the book and on which we are reflecting, you can obviously observe that dark people are struggling.The neighborhood in which they live are very poor, the manner in which they communicate in English is disturbing, and the most significant part is that the writers consistently tried to show the clear control of the white individuals over the dark individuals. Politically-sanctioned racial segregation was the aftereffect of colonization. The minority established by white individuals had authority over everything and was ma nhandling that capacity to serve and keep up its narrow minded intrigue. Thus, all other racial gatherings had to live to serve the ace, experiencing inconceivable misery and pain.Apartheid depended on four primary thoughts: right off the bat, the populace was organized in various gatherings as indicated by their shading. Furthermore, just the white race was viewed as the socialized race. Thirdly, white interests ought to forestall before anybody’s intrigue. At long last, the white individuals shaped a solitary country alongside the Afrikaans, recipe that made them the biggest racial gathering in the nation. Politically-sanctioned racial segregation was kept up by a progression of abusive laws that were just made conceivable by the populace Registration Act of 1950. That Registration was considered as the authoritative handbook for apartheid.IT contained a grouping of each individual and dependent on that arrangement, the eventual benefits of the â€Å"dominating minorityâ⠂¬  could be best served. Individuals from African better than average had their citizenship expelled and a wide range of abominations were submitted. The white minority ensured that dark individuals stayed non-taught on the grounds that they realized that training was the way to liberation. Fortunately, one of the most well known world’s pioneers, Nelson Mandela, prevailing with regards to reestablishing dark individuals rights simply like Martin Luther lord did with the dark populace here in the United States.Nelson Mandela, much the same as Martin Luther King applied a strategy of peacefulness to cut the politically-sanctioned racial segregation framework down. Some potential answers for racial issues could be the selection of peacefulness regulation like Gandhi and furthermore instruction. Training can even be considered as the most significant factor since pioneers need to have an open soul to have the option to coordinate the majority. Another arrangement could be the utilization of religion to fortify the brain. Religion can be fundamental and has consistently been basic operating at a profit network. It brings genuine feelings of serenity and quality in the war for equity and fairness.

Friday, August 21, 2020

English Essay Topics for College - Top 3 Essay Topics You Should Choose From

English Essay Topics for College - Top 3 Essay Topics You Should Choose FromFor students who want to improve their English language skills, choosing the right essay topics for college can be difficult. There are numerous essay topics out there, and while some are more effective than others, it is important that you choose the topics based on your individual needs and individual style.General essay topics are among the easiest to write about, but they are also the ones that you will probably not hear much about in college. They include such things as, 'Why I like to be,' or 'Why I would not hire a carpenter who didn't have the proper tools.' These are general topics that can be used to outline the skills you have to write a great essay on any topic.Once you've learned how to write a well-written general essay, it's time to branch out into specific topics. Your essay topics should include these topics for students who are applying to colleges in order to get a better job or get a highe r paying job in the future. These should include such things as, 'Why I am not a good student, and how I am working hard to change this.' You can even include why you like the career field you are interested in if you are a student.Now, it is possible that you have specific skills and knowledge about the subject that you can use to write for technical essay topics. While these topics will likely involve something that you have a lot of experience with, these can still be used as essay topics to show what you have learned. To find these topics, you may want to research the field of technology you are interested in.As a student interested in education, the topics that you will want to write for include teaching methods, syllabi, and standards. These can be great ways to show that you are not only knowledgeable about the subject matter, but that you are knowledgeable about all aspects of teaching. These are great essays to give to potential employers, or to other prospective employers. Last but not least, the next best thing to write about that includes something for everyone would be personal essay topics. These are essays that are specific to you, and if you have a great deal of knowledge about the topic, then it is likely that your classmates will. This means that you need to be sure that you tailor your essay topics for each individual professor.Make sure that you do not present your classmates as a bunch of no-talent people. When writing your essay, make sure that you give them an opportunity to make a valid point, or a compelling case about why they think they should be in your class. When you give your classmates ideas about how to write a better essay, make sure that you give them an opportunity to present their own thoughts as well.Making sure that you write about all types of topics for each of your professors is a good way to show that you are not just writing for your classmates, but that you can write about any type of topic you want. Just make sure t hat you use the above resources to help you. Then you will be sure to come out looking great on your paper!

Monday, May 25, 2020

Exploring Natural Law And Ethics - 1450 Words

The best way to describe natural law, is that it offers a name for the topic of convergence amongst law and ethics. Scholars of natural law comprehend anthropological fulfilment; the morality of human nature, as diversified. The Speluncean Explorers is an anecdotal case in which a group of individuals go to investigate and wind up getting caught in a cavern with exceptionally small assets and luxuries to last them. After reading this case, it is vital to note that the decision that the cavemen recommended by killing Whetmore and feeding on his flesh was only to be executed if all else fails, which unfortunately was the case. The judge whose arguments I found well justified and whose method of approaching law I agree with the most is that of Justice Foster. The way Justice Foster views certain matters and the approaches he takes is quite a similar path in which I additionally would have taken to look at law in the given circumstances of the case of the Speluncean explorers. I would first like to disclose in the matter as to why I agree with his methodology. As we read in his judgement, he supports the fact that the four survivors are innocent and should not be convicted or hanged, based on the situation that they were placed under. He believes that it was reasonable for any individual to have proceeded in such a vicious manner as these men have, and rests his closing arguments on two grounds. Firstly, Justice Foster takes the perspective that positive law cannot be usefulShow MoreRelatedThe Nature of Ethics in Hinduism, Christianity, and Buddhism Essay1360 Words   |  6 PagesThe Nature of Ethics in Hinduism, Christianity, and Buddhism When asking the question about the nature of ethics, it is hard to explain where they came from because not everyone has the same views or religions. Since religions have different standards, there are different sources to them and different reasons for why people should follow them. When trying to find answers to questions about the nature of ethics, it is impossible to know which religions view is correct. This paper willRead MoreThe Ethical Issue Of Physician Assisted Suicide1580 Words   |  7 PagesIn Nicomachean Ethics, Aristotle establishes that â€Å"every art and every inquiry, and similarly every action and pursuit, is thought to aim at some good and for this reason the good has rightly been declared to be that at which all things aim† and explains this through the dialectic of disposition, particularly between vice and virtue. In chapter four, Aristotle affirms that since â€Å"all knowledge and every pursuit aims at some good†, we inherently seek the hi ghest form which is known to both the massesRead MoreThe Ethics Of The Ethical Systems872 Words   |  4 PagesSystems In ethics, four systems serve as different beliefs concerning our morals: Relativism Ethics, Consequentialism Ethics, Deontological Ethics, and Virtue Ethics. These four theories attempt to define what right and wrong should be and how one should handle any situation. There are many strengths and weaknesses of each view. The goal is to determine which theory is the best by exploring real world situations and questioning the claims that just don’t work out. RELATIVISM ETHICS There are twoRead MoreThe Ethics And Ethical Ethics1739 Words   |  7 Pagesthe 4th Century BC, the study of ethics and ethical behaviour has occupied human thought, with various philosophers exploring the fundamental issues of practical decision making, determining the nature of normative theories (Aristotelian virtue ethics), and applying these principles to pragmatic moral issues. Approximately 2040 years ago, Aristotle published, what is considered to be the foundations of modern day ethics and ethical frameworks, the â€Å"Nicomachean Ethics†. Through this publication, AristotleRead MoreNichomachean Ethics And Thomas Aquinas986 Words   |  4 Pagesspecifically in Aristotle’s â€Å"Nichomachean Ethics† and Thomas Aquinas’ â€Å"On the Nature of Law.† And by examining these texts I wish to argue that even though they lived nearly 1000 years apart, Aristotle and St. Thomas Aquinas share the same overall view of justice, but they each follow di fferent paths to reach that justice. Both Aristotle and Thomas Aquinas believe in the pursuit of happiness as a measure of justice and a desirable chief end of life. So in this view, all laws that are made in order to maintainRead MoreSpace Colonization : A New Frontier1710 Words   |  7 Pageswonder how ethical it is to change the space environment and what consequences come with doing so. Politicians face the question of governance and law-making in the space frontier. The viewpoints toward space colonization are not simple to categorize as pro and contra, rather they are multi-layered and based on several fields of study, in particular, ethics, science, and economics. I will portray the complexity of the issue by analyzing some of the pro and contra philosophical treatises, economic andRead More Ethics Of The Hellenistic World Essay1265 Words   |  6 Pagesgoals; the Epicureans felt that the pursuit of pleasure was the correct path to enlightenment, while the Stoics had the idea that the conformation to strict l aws regarding virtue was the proper path, and as for Aristotle, he held the middle ground in this debate of the minds, feeling that moderation was the key to complete happiness. Epicurus ethics was a form of egoistic hedonism, meaning that the only thing essentially valuable is ones own pleasure. Anything else that has value is valuable merelyRead MoreKnowledge, Error, And Accuracy1356 Words   |  6 Pagesdeal with the error when it is considered as a bad thing? The answering to this query is pretty simple. An error is actually helping in the production of valuable knowledge. In my essay, I will be exploring the production of knowledge by an error in two areas of knowledge which are natural sciences and ethics. In both areas of knowledge, there is certainly a great role of error in the creation of valuable knowledge besides accuracy. What does knowledge, error and accuracy means to me? For me, KnowledgeRead MoreIs Torture Morally Wrong?1265 Words   |  6 Pagesthe method of virtue of ethics to helps us better understand if he is for torture. The term torture shall be determined by exploring both philosophers’ definition of justice, what comprises a â€Å"just† act, what is considered â€Å"unjust†, and then determined if it would be accepted by, or condemned by either of these two philosophers. Begging with John Stuart Mill an English and Economist philosopher who helped developed the concept of utilitarianism. The author from Doing Ethics claims, â€Å"UtilitarianismRead More Pollution and Environment Essay - Man Must Dominate Nature and the Environment1714 Words   |  7 PagesHence, in this paper I analyze a common environmental claim: Everything natural has inherent value, and we should respect its right to exist. This paper is not meant to be a complete examination of environmental ethics; that would be beyond its scope. This question, however, lies at the heart of environmental ethics, and is certainly worth exploring.    Must we go through life refusing to do harm to any other natural entity, living in harmony with it, or respecting its rights? Or, if

Thursday, May 14, 2020

John Thomas Hobbes And The State Of Nature - 1162 Words

Opposite to Augustine, Thomas Hobbes believes that the laws set what is wrong and without laws there would be no right or wrong. In Hobbes book Leviathan, argues government is an artificial part of life. Without government, we would be in the â€Å"state of nature†. In the state of nature, we are in a condition of war. Hobbes argues that in the condition of war â€Å"every man against every man, this also is consequent; that nothing can be unjust. The notions of right and wrong, justice and injustice, have there no place. Where there is no common power, there is no law; where no law, no injustice. Force and fraud are in war the two cardinal virtues† (Hobbes 79). Without any government and laws, there is no justice. There is no room for the cardinal virtues in the condition of nature, as there is only the need to survive. Murder, stealing, and any other action is perfectly justifiable to survive. The right to whatever we want is our natural right and no action is unjust This raises an important issue on why have laws in the first place. Hobbes argues that are motive to establish law is for the security of a man’s person, in his life, and in the means of so preserving life as not to be weary of it† (Augustine 82). In the theoretical condition of war, life is a living hell and is a struggle to survive. By establishing law, we avoid this condition of war and total anarchy. Hobbes argues that we have laws just for our protection and not because an action is naturally unjust. HobbesShow MoreRelatedThe State Of Nature : Thomas Hobbes, John Locke, And Jean Jacques Rousseau902 Words   |  4 Pages  The state of nature is the state were humans existed before government was ever created. There once was a period were there were not any rules, or laws to obey. In a state of nature there are no social goods. No farming, housing, technology, or education. With a state of nature there must be guaranteed that no one will harm one another, and people must rely on other s to keep their word, and not go back on what they say. Living in a state of nature was no way to live honestly. A state of natureRead MoreJohn Locke And Thomas Hobbes1287 Words   |  6 Pagesto obey. The governing body of a nation, state, or community is classified as a government. In order to run a proper political system, one must know how to balance and consider the nature of humankind and their rights. John Locke and Thomas Hobbes were both political philosophers who developed theories about how the government should work. They set up their theories around The Natural Law and the Social Contract Theory. Although J ohn Locke and Thomas Hobbes had a similar goal, their beliefs and opinionsRead MoreThomas Hobbes And The Enlightenment878 Words   |  4 Pagestype of government is best? Thomas Hobbes, an Englishman born in 1588, is one of the Enlightenment thinkers. Hobbes wrote The Leviathan, published in 1651, observing the violence and behavior of people near the end of the English Civil War. He believed that monarchy is the best government. John Locke, another Enlightenment thinker, is an Englishman born in 1632. Locke wrote Two Treatises of Government, published in 11689,expressing his opinions on the â€Å"state of nature† and types of government. HeRead MoreEssay about Phi-286 Mod 3 Wa 1827 Words   |  4 PagesIndependence) follows from John Lockes theory of government? Could it follow from Hobbess theory of government? Under what circumstances? Thomas Jeffersons theory of revolution seems to follow specific criteria from Thomas Hobbes original foundation, which was further expanded upon by John Locke and ultimately fine tuned by Thomas Jefferson. To get an understanding how these three philosophies follow one another, we must begin at the documented source; Thomas Hobbes. Thomas Hobbes lived during revolutionaryRead MoreViews of Hobbes, Locke and Rousseau815 Words   |  4 PagesArden Bentley AP Euro 3/9/13 Thomas Hobbes, John Locke and Jean-Racques Rosseau were philosophers who stated their belief of human nature and how we should govern mankind. Although Rousseau was born a different time than Hobbes and Locke, they all had a very strong influence on the way governments should function. They created a revolutionary idea of the state of nature, the way men were before a government came into play. Each philosopher developed guidelines and responsibilities that the governmentRead MoreImpact Of Thomas Hobbes During The Age Of Absolutism1009 Words   |  5 PagesThomas Hobbes During the Age of Absolutism The Age of Absolutism was a time during the 16th to 19th centuries where many political, religious and colonial conflicts were rising. Some philosophers began to analyze the ideas of their civilizations in depth toward the end of this time period as it led into the Age of Enlightenment. One of these philosophers was Thomas Hobbes. He had quite a few accomplishments during his lifetime including writing many books and supporting the popular belief thatRead MoreModern Liberalism and Political Policies1337 Words   |  6 PagesModern Liberalism Thomas Hobbes, John Locke and Jean Jacques Rousseau’s political philosophies and theories each differ from one another’s, but these three philosophers have all staked their claims as to what man would be like, prior to the formation of the state. This is the State of Nature. Their notions on the social contract reflect their position on the political spectrum. These three philosophers also examine the purpose and function of the government to individuals of the state. Modern liberalismRead MoreCompare and Contrast the Philosophies of John Locke, Thomas Hobbes, and Karl Marx843 Words   |  4 PagesPhilosophies of John Locke, Thomas Hobbes, and Karl Marx In the idea of human nature; origin of state, the nature of government, the rights of regulation can be drawn as the reflection of insightful philosophies of John Locke, Thomas Hobbes and Karl Marx. By understanding this within the context of human nature, we can see their ideas play to how they perceive a modern philosophy. Karl Marxs Communist Manifesto illustrates the desire to build a society without economic classes. John Lockes PoliticalRead MoreThe American Constitution And The Bill Of Rights1463 Words   |  6 PagesEnlightenment and thoughts of the philosophes, specifically John Locke. Thomas Hobbes and John Locke were both English philosophers,influential thinkers of the seventeenth century, both had confidence in a Social Contract and they both distributed books that were generally perused. Thomas Hobbes talked about and built up the social contract hypothesis through his book Leviathan. The social contract hypothesis was later bolstered and translated encourage by John Locke. This hypothesis which was essential to theRead MoreThe State Of Nature And Government1315 Words   |  6 Pages THE STATE OF NATURE AND GOVERNMENT Chloe Holmeshaw BF190 Dr. Charles Wells October 11, 2015 â€Æ' The State of Nature and Government The State of Nature and governing in â€Å"The State of Nature† are two subject that Hobbes and Locke both discuss in their book. The enlightenment period was a time of Learning, new inventions, new theories, and new government. Two prominent figures that became known during the enlightenment were Thomas Hobbes (1588-1674) and John Locke (1632-1704). These enlightenment

Wednesday, May 6, 2020

Regents of the University of California v. Bakke - 1203 Words

Court Case--May 2014 Regents of the University of California V. Bakke (1978) Issue Involved: Reverse Discrimination/The Constitutionality and Limitations of Affirmative Action Background on Affirmative Action: Definition of Affirmative Action: â€Å"A set of procedures designed to eliminate unlawful discrimination between applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future.† Cornell University Law School March 6, 1961: John F. Kennedy signs Executive Order 10925 Sec. 301 (Paragraph 1): â€Å" . . . [Government] contractor[s] will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.† July 6, 1964: President Lyndon B. Johnson signs The Civil Rights Act, which prohibits racial discrimination and mentions the use of â€Å"affirmative action to overcome the effects of prior discrimination.† June 4, 1965: President Johnson speaks at Harvard University â€Å"You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, you are free to compete with all the others, and still justly believe that you have been completely fair.† June 28, 1978: Regents of California V. Bakke. Background: Allan Bakke applied twice (in 1973 and 1974) to be accepted into the Medical School at the University of California at Davis, butShow MoreRelatedRegents Of The University Of California V. Bakke2990 Words   |  12 PagesT Statman Kluch ENG 102 Period 4 1 May 2015 Regents of the University of California v. Bakke (1978) Introduction Race equality has been an arduous issue in the United States. Regents of the University of California v. Bakke (1978) is a landmark Supreme Court case that brought scrutiny to racial discrimination in the college admission process. The Encyclopedia Of Law And Higher Education introduces the discussion of the University of California at Davis’ special minority admissions policy at theirRead MoreRegents Of The University Of California V. Bakke980 Words   |  4 PagesS.C.O.T.U.S. Legal Brief Justin Kaye Period 2 May 2015 Regents of the University of California v. Bakke (1976) Facts of the case: In the early 1970’s UC Davis decided to have a dual admissions program for their medical school. The purpose of having two admissions programs in one would be for regular students and the other one would be for â€Å"disadvantaged† students. Minority applicants could now say they were â€Å"disadvantaged† so they were put in the special pool which would make it easy for them toRead MoreThe Case of The Regents of the University of California v. Bakke761 Words   |  3 PagesThe Regents of the University of California v. Bakke case in 1978 explored the issue surrounding a young white man’s rejection from UC Davis’ Medical School when students with lower grades than him were accepted through a minority benefits program. The young man, Allan Bakke, was rejected in two successive years before filing suit in the Superior Court of Yolo County, arguing that he had to be accepted to the school since those with grades lower than him had been accepted throug h the benefits programRead MoreThe Study of Affirmative Action Essay1400 Words   |  6 Pagesaction. Allan Bakke was an aspiring anesthesiologist that was rejected from the University of California’s medical school twice while minorities with lower MCAT scores and undergraduate GPAs where getting accepted due to the quota system (Stewart 2014). After the second rejection, the plaintiff, Allan Bakke, decided to sue the defendant, University of California, on the basis of the fourteenth amendment and Title VI of the Civil Rights Act of 1964. Allan Bakke claimed that the University of California’sRead MoreRace and The Affirmative Action Policies1244 Words   |  5 Pagesand the impacts on society the utilization of race creates. With such pending questions on fairness and of the constitutionality of affirmative action policies two major Supreme Court cases have arisen, University of California Regents v. Bakke and Grutter v. Bollinger, both impacting university admissions policies throughout the country and setting precedent in following rulings. Following the two ruling s of these cases, I argue that affirmative action and the utilization of race as a positive factorRead MorePersuasive Essay On Civil Liberties1208 Words   |  5 Pagesespecially the misguided powerful elite, do not justify the total abandonment of our system of government. According to Andrei Cherny, Americans can â€Å"build on what came before us instead of letting that progress get washed away†. In the instance of the California license plate program, government officials are finding themselves â€Å"above the law† due to their special privileges. The ability to evade tolls and dodge red light cameras (Muir, â€Å"Special license plates shield officials from traffic tickets†) isRead MoreEssay about Affirmative Action and Higher Education1546 Words   |  7 PagesCourt, handed down the decision in Regents of University of California v. Bakke in 1978, he attempted to give a rational for affirmative action in higher education that did not rely on retribution for one race; however, over time modest progress improving minority representation in schools have combined with the frustrations of a new generation to create a present situation that puts the pasts policies under new political and legal scrutiny. When the Bakke decision was handed down it set standardsRead MoreDiscrimination in College Admissions1963 Words   |  8 Pagesï » ¿Discrimination in College/University Admissions There can be many factors that determine whether or not you can get into a college. Do you have the grades, are you involved in your community, have you been convicted. Many questions like those listed above have been commonly asked to applicants who apply for major colleges universities. However, you are never asked your ethnicity during an interview, usually they give you an application to fill out and they have a space that allows you to checkRead MoreCivil Liberties And Civil Rights1329 Words   |  6 PagesPegnoglou 4 Gavin Pegnoglou Sherry Sharifian GOVT-2305-71433 6 October 2017 Civil Liberties v Civil Rights Civil Liberties and Civil Rights is a pillar for every American citizen. Civil Liberties are specific individual rights a person has that are legally protected from being violated by the government. 1 Civil Liberties include, but are not limited to, right to privacy, right to vote, right to bear arms, and right to marry. Civil Rights provide for the right to be treated equally without discriminationRead MoreConsideration Of Race For College Admissions Process : Fisher V. Texas901 Words   |  4 Pages TO: Dr. Alisa Smith FROM: Drew Carff DATE: April 7, 2016 RE: Consideration of race in college admissions process – Fisher v. Texas FACTS Abigail Fisher, a Caucasian Texas resident, applied for admission to the University of Texas at Austin. She applied for the entering class of fall 2008. The University rejected her application. Fisher graduated from another university in May 2012. In 1997, Texas passed the Top Ten Percent Plan into law. The law guarantees admission to Texas residents that graduate

Tuesday, May 5, 2020

Intellectual Property Law Copyright

Question: What circumstances can employee own his copyright under the cause of employment? Answer: This essay will be looking at the copyright work and thereby focusing on the circumstances where the author can own his own work while under employment. The rule that copyright initially vested in author is however subject to a number of exception. The first is concern with work made by employee while under employment. Copyright law in the United Kingdom is an origination of the concept of common law. It became a statutory law with the passing of the Copyright Act, 1911 and currently the act is known as Copyright, Designs and Patents Act, 1988 (Cornish, Llewelyn and Aplin 2013). The type of work to which this Act applies is literary meaning song lyrics, computer programmes, commercial documents, articles and newsletters. In the year 1992, computer programmes was also considered as literary works as part of the copyright act. The Act shall also be applicable to dramatic, musicals and artistic work such as plays, dance, recordings and paintings. Additionally, films and broadcasts shall also be considered as part of Copyright Act in the United Kingdom (Bently and Sherman 2014). Section 9 to 11 of the Copyright Act 1988, deals with ownership and authorship of copyright. For the purpose of this Act, author shall mean a person who creates the unique work (Harriss and Atkinson 2013). In the case of sound recording, the producer who produced the sound recording shall be regarded as the owner, in the case of broadcast, the person who made the broadcast shall be regarded as the owner and in the case of a typographical arrangement, and the person who published the edition shall be considered as the owner. This is important in the case of employment as during the course of employment a person who creates any of the following work shall also be regarded as the owner, having full ownership over them. However, until the time the person continues his employment, the employer is considered as the owner of the copyright even though the employer is the creator of the work (Kur, Planck and Dreier 2013). According to section 9 subsection 3 of the Act, in the case of dramatic , literary and musical work that is generated by computer, the author of such work shall be the person who made the work generate through computer program (Davis 2012). For the purposes of employment, a person who generates such work shall be regarded as the author however; the ownership belongs to the employer until the time the person is in the course of his employment (Lemley 2012). The following statutory provisions are contained in the Copyright, Designs and Patents Act, 1988 for the protection of literary, dramatic and musical works. According to section 1(1) (a), the following kind of works are given copyright protection such as literary, dramatic, musical and artistic (Bently and Sherman 2014). Hence, copyright provides protection to the idea of the creation and not just the creation. Generally, names, phrases and titles should not be regarded as unique work however; a logo may be regarded as a unique work as it has all the elements of uniqueness and originality in it (Von Hippel, Jong and Flowers 2012). According to section 11 of the Copyright Act, 1988, where an employee creates any work during the course of his employment, then the employer shall be considered as the owner of the work unless there is a contract that states a contrary (Cornish, Llewelyn and Alpin 2013). According to Section 215 of the ownership of design right, the first owner of a design is considered as the owner of the maker of the design unless such a design is created in the course of employment (Griffith, Miller and O'Connell 2014). When a company, group of people or individuals create a work copyright arises. The work created shall fall under the protection of copyright if it is original exhibiting a certain level of originality, skill and labor. Interpretation of copyright is related to the creation of the work and the idea behind it rather than only the creation (Torremans 2013). For example, the idea for formation of a book shall not be protected but the content of the book shall be protected. Under normal circumstances, an individual or collective individuals who authored the work are considered as owners of the work and they are considered as people having the first ownership of their work (Coleman 2013). However, if such work is produced as part of the employment then the first owner shall be the company that is the employer of the person who created the work. In cases of freelancing, the authors of the work are the persons who created the work rather than the employer of the same. The owner of the copyri ght may sell or transfer his ownership right to some other person. If the copyright work is taken as sample from the previous work then the copyright does not survive anymore. The owner of the copyright has the exclusive authority to bring an action against the person who breached his exclusive copyright. However, this is not always the case, if the work is created by the employee in the course of their employment; the employer becomes the owner of the copyright (Griffith, Miller and O'Connell 2014). If an independent contractor creates the work and if the contractor in writing signs an agreement that states that the work shall be considered as authority of the employer then the independent contractor shall not have any claim for obtaining copyright over the work. The employer in this case shall be regarded as the owner of work. Finally, if the owner of the copyright sells his exclusive right then he may not be regarded as owner of the unique work (SHErMAN and Bently 2015). When two or more authors prepare a work with the intention of combing their contributions into indivisible parts, then the work is considered as a creation of joint authors. The joint authors are considered as copyright owners. The best example of joint author work is a book, which is written by more than one author (Lang and Heasman 2015). However, if the book is primarily written by any one of the authors and later other authors contribute to the original work then such a work shall not be regarded as an inseparable work. Copyright enables the holder of the right to have control over the distribution of their work and prevent others from doing the same. The ability of the owners to manufacture and distribute the work helps them in deriving economic benefits from their work (Hall et al. 2012). To publish or produce the work in the market, the publisher or the seller has to obtain the permission of the author and he has to acquire exclusive right over the work. If copyright ownership is an origination from the author then the publisher has to derive authority from negotiation of the terms of the license. By vesting copyright ownership on the author, they have the authority to control the honor of their work and benefit them from exploitation. This is the internal effect of copyright. The internal and external ownership of copyright give the authority of creation, distribution and production of the original works. Additionally, lawmakers have also introduced legislative remuneration powers for securing the private lending rights of the unique work (Hart, Clark and Fazzani 2013). A common situation that many companies face is regarding the creation of a new computer software system. It is seen in many companies than ace programmers works on a part time basis, since programming is a major part of an IT undertaking, an outside computer software consultant is appointed to help the ace programmer with the implementation of the software. After a lot of hard work and time investment, both the software developer develop new software that could effectively manage the computer software system (Evers, Miller and Spengel 2015). The company paid the software developer whom they hired from outside and the company assumed themselves as the owner of the software system. After few months, it is seen that the programmer uses the software for their personal use and they obtain economic benefits from the software that was created for the company. The general assumption in such cases is that once we are paid for the work for which we are appointed, the ownership of the work gets over and the employee considers himself the owner of the copyright work (Harriss and Atkinson 2013). This is however true, and the programmers have the right to utilize their work and make economic benefits out of it. Law considers such act as lawful; the software company should have made the programmers sign a contract that restricted them from using the software outside the premises of the company for distribution or marketing purposes (Kur, Planck and Dreier 2013). In determining whether the author is under a contract of services, the first step is to differentiate between contract of services and contract for services. The contract of service can be determined by applying the contract law and tort law and very few have been applied in the context of copyright law. The older case laws have given us the evidence that greater the control of the employer over an employee, greater is the chances that the employee shall fall under the contract of services (Davis 2012). The control was considered as an important part of the Copyright Act, 1911 in the United Kingdom. However, recently the companies are departing from the control test. The Courts have relied on other areas of law for interpretation other than the law of copyright for determining the contract of service. Many types of policy considerations exist for the interpretation of copyright other than the copyright for the understanding of contract of service. The control test is not appropriate for all copyright matters, especially in those areas where skilful employees are involved. In such cases, it is almost impossible to establish the amount of control that an employer has over a creation (Lemley 2012). Stephenson, Jordan and Harrison Ltd. v. MacDonald and Evans is a famous case that have provided for a new approach for understanding of the term of contract of service. In this case it was held, that an integral part of the business as explained by Lord Denning is the test of copyright to determine whether the author is an employee under the contract of service. As per the requirements of the Act, it is important to proof that the employee is under the contract of service however, this is not sufficient for copyright ownership. The work should be made while the employee was in the course of their employment. This is difficult to determine as the hours of employment and extent of employment is not always specified. The Courts sometimes rely on the facts of the case to de termine the course of employment (Cornish, Llewelyn and Alpin 2013). In the case of Byrne v. Statist Co, it was held that an employee who was appointed for making translations of the speech for extra remuneration other than his regular salary, held the copyright in his translated speech. The author undertook the translation during his own time and not part of his employment. It was for this reason, why he was able to claim copyright over his work (Davis 2012). In the case of Stephenson, Jordan and Harrison Ltd. v. MacDonald and Evans, an accountant owned copyright over the lectures he wrote with the business in which he was working. The lectures were prepared for universities and colleges and thus were not considered as part of his employment. Other place where the problem of determination may arise is with respect to the staff in the hospital or nurse or staffs who work at school. If the staffs who works at school prepares lecture note for his own convenience then it shall be regarded as his copyright and not the copyright of the company as his job i s not to prepare lecture notes but to teach students. Hence, this shall be regarded as part of the authors own work. In such case, the employer cannot seek protection over the work of his employee. Each case must be examined depending on the facts of the case and according to the contract of service of the employee. The importance to establish ownership of the work, depending on the facts can have a profound effect on the employer. Firstly, the employee may sue the employer for infringement of the employees copyright. Secondly, except the employer has received an assignment from the employee and is willing to take that risk that, he owns the copyright in the given work; the employer may get involved into two different kind of lawsuit to protect his copyright against infringement. First he may get involved with the employee and then with the infringer of the copyright. The process of trial for solving the ownership of work by the employer is time consuming, expensive and aggravating. If the employer becomes unsuccessful in his initial attempt against the employee, he will lack the standing to sue the alleged infringer. Only when the employer is able to prove that he is the owner of the copyright, he will be able to proceed with the action against the infringer (Griffith, Miller and O'Connell 2014 ). Secondly, the problem is related to the ambiguous wording of the Act and the journalist enjoys this regime. According to the Act, an employer of the journalist is given copyright in the work of the journalist if the employer meets the requirements of ownership. However, this right is restricted to the publication of work in any newspaper or magazine. There is absence of such a provision in the Act and that is why it is noted in many scenarios that journalist take advantage of this. Once a work is published in any magazine or newspaper, the owner of the work shall be the employer and not the employee. An associated problem with this provision is the policy fundamental to this. It is difficult to a section that the journalists are paid only for the creation of their work while other employees create copyright works incidental to their responsibilities. Commercial screenwriters and artists are also employed to create copyright works; however, they have no special right to restrict certa in uses of their works (Lang and Heasman 2015). Thirdly, is the extent of rights that an employer has in the work of the employee. An employer who owns copyright in the work not only has the right to distribute or sell the work but also obtains subsidiary rights of the work. This is enumerated in section 3 of the Copyright Act, for example, dramatic, film and translation rights. These rights do not only continue during the course of employment but it also continues even after the employment contract is terminated. This gives opportunity to the employer to enjoy the work even after the employment with the employee is over. However, this right should not prejudice to the rights of the employees. Due to this wide scope of exploitation of the work, it attains a value that is beyond the consideration of the employee and the employer. It is not always the activity of the employer that increases the value of the work. A work may be exploited in a way that is not known to the employee and the employer and it may attain a greater popularity of the work than anticipated. This may happen when the advertisement firm for the advertisement of his work pays an employee and consequently the advertisement becomes very popular. The advertising company reaps the benefit for the popularity of the advertisement. Though the work was created for some other purpose and for some other project and gradually used by someone else for monetary benefits (Hart, Clark and Fazzani 2013). Conclusively, it may said that the inadequacies in the present law system and the use of incomplete phrases such as contract of service and course of employment have led to greater uncertainty in the understanding of law. 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