Thursday, November 28, 2019
Darwins Origin Of The Species Essays - Evolutionary Biology
Darwin's Origin Of The Species Darwin is considered the father of evolution. In truth, Darwin arrived at his theory of evolution at the same time another scientist, Alfred Russell Wallace, came to the same conclusion. However, Darwin was a respected scientist even before he wrote On the Origin of Species, while Wallace was relatively unknown, so people were more inclined to listen to Darwin. Origin enjoyed immediate success: its first printing sold out immediately and a second printing following a month later. Darwin's ideas found their way out of the scientific world and into the business world and even society itself. In many senses, Darwin's theories created a societal transformation. Darwin's theory consisted of two main points; 1) diverse groups of animals evolve from one or a few common ancestors; 2) the mechanism by which this evolution takes place is natural selection. This SparkNote will first take a look at Origin of the Species, and then more closely examine Darwin's theories. Darwin's theory of evolution, also called Darwinism, can be further divided into 5 parts: evolution as such, common descent, gradualism, population speciation, and natural selection. Types of natural selection are discussed in the Natural Selection SparkNote, and types of speciation are discussed in the Speciation SparkNote. The modern understanding of the process of natural selection is discussed in further detail in Synthesis of Darwin and Genetics. Science
Sunday, November 24, 2019
The Great Compromise essays
The Great Compromise essays In May 1787, fifty-five delegates from eleven of the thirteen American states assembled in Philadelphia. Their goal was to revise the current government created by the Articles of Confederation, which had been in effect since 1781. The Articles had created a weak alliance among the states. The national government had no way to levy taxes or regulate commerce. The delegates who were in attendance at the Philadelphia convention had come in general agreement that there were defects in the Articles of Confederation that should be remedied. But instead of convening and deciding to list and remedy the defects of the Articles, the delegates at the convention took another course of action. Soon after George Washington was elected to be the presiding officer of the meeting, the Virginia delegation, relying heavily on the draftsmanship of James Madison, presented a new plan for an entirely new national government. This plan became the main topic of debate at the convention for the next several weeks. When the delegates decided to make the Virginia Plan the focus of their agenda, they had essentially changed the task for which they had been sent to Philadelphia. The defects of the Articles took a backseat to the more pressing issue of how to design a true national government. The Virginia Plan called for a strong union of the states into a centralized national government. Under the plan, the national government would be divided into three governing branches the legislative, the executive, and the judicial. The legislative branch would consist of two houses. The first house would be directly chosen by the people, and the second house would be chosen by the first house from candidates nominated by state legislatures. The executive and the national judiciary would be chosen by the national legislature. The executive along with some members of the judiciary would be selected to serve on a council of revision, which...
Thursday, November 21, 2019
Performance Analysis of M&A in UK banking sector (2nd STAGE) Essay
Performance Analysis of M&A in UK banking sector (2nd STAGE) - Essay Example As a matter of fact, the studies with regards to mergers and acquisition activities in the UK banking sector offers assorted conclusions. Altunabas and Ibanez describe about the bank mergers between the years 1992 and 2001 to lead on average in order to improvise the accounting profitability (Altunaz and Ibanez, 2004). Many empirical evidences have been provided which are evocative of the restrained opportunities for cost savings from bulk mergers in the banking commerce. Moreover, a little improvisation in the profit efficiency is also reported, but not in terms of cost efficaciousness with position to cross-border deals only. According to Cooke, most of the research analyses on mergers and acquisitions have been focused on the organizations which have been undergo a merger and many studies have seen a common condition marking the post-merger period (Cooke, 1986). Therefore, this paper targets the investigation of the influences of the M & A operations on accounting profitability me asures with reference to the UK banking sector over the period 2003-2007 by with the help of examining several performance gauges, thereby, distinguishing the part of transformation in presentation due to the M & A itself. According to Heffernan, banking can be construed to a wide range of financial institutions and organizations to the large money-centralized commercial banks and this paper describes about it in detail (Heffernan, 2005). The UK banking sector witnesses itself to be the third largest in the world after the United States and Japan, and is also a major international hub for investment and private banking (DeltaQuest, 2009). The banking sector of UK has an authoritative international recognition which is
Wednesday, November 20, 2019
Why are there so many nursing organizations Is the large number of Essay
Why are there so many nursing organizations Is the large number of nursing assocations a value or a hindrance to the Profession - Essay Example Previous years have attested that there were increased global demand for nurses with vast opportunities in terms of financial remuneration and career opportunities. The lucrative prospects given to nursing graduates and immediate placement in hospitals and health care institutions all over the world invited more students to pursue the nursing career. With various international hospitals requiring nursing staff from various cultural orientations, the nursing associations flourished to give nurses the options to choose based on nurse values and principles. These associations professionalize the standards expected of nursing and regulate the quality of health care to be adhered to under ethical and moral codes. When the number of positions was ultimately filled globally, nursing institutions and associations continue to accept applications for nurses without enough local, state or federal jurisdictions to monitor and control the supply. The effect was oversupply of nurses that could not be employed. Further, young graduates fresh from nursing associations were deemed lacking in health care experience and in the required high quality of patient care. Without enough hospitals or health care institutions to accept these young nurses to further their exposure, actual training and experience in health care, problems with employment currently arise.
Sunday, November 17, 2019
Three question Essay Example | Topics and Well Written Essays - 1000 words
Three question - Essay Example To protect their property and themselves, individuals may assent to a contractual affiliation whereby they unite themselves in an alliance for the good of all. Through channels of this pledged relationship, persons concur to accept different duties or responsibilities in return for the gains provided by communal cooperation. A democracy may be started on the base of a mutual pledge between community, and each person, in which society has a responsibility to every person and each person has a responsibility to society. For Locke, the natural justice will set the restrictions and provide the way for civil justice through the natural rightsââ¬â¢ concept. Conferring to Locke, impartiality is not conceivable without personal possessionsââ¬âmeaning that justice will prevail only when a person has a claim to a property. The principle of Lockeââ¬â¢s notion of impartiality is the safety of each individualââ¬â¢s personal property as a right built upon natureââ¬â¢s law (Locke pa r 5). Confucian would respond to the passage by stating the government has an obligation to attend to its citizens without favoritism or discrimination. Confucian believes that people can attain a good life through developing moral righteousness and take part in valued human relationships. Confucian would advise against bad behaviors such as being self-seeking. Confucian believes that the government has an obligation to uphold the settings, which are essential to the ââ¬Ëgood lifeââ¬â¢. The notion of fairness infers that the state should foster or create these settings impartially for everyone so that every individual is in a position to live a better life. An impartial society, therefore, has the following features; sufficiency for everyone, universal education and meritocracy. Question 2 A Hobbes and Locke are both well-known political theorists whose works have been momentously influential into the modern-political thought development. Moreover, they are alike in that they both denote a ââ¬Å"state of natureâ⬠wherein man exists minus the government, as well as both talk of risks within this state. Nonetheless, while both talk of the risks of a ââ¬Ëstate of natureââ¬â¢, Hobbes is pessimistic while Locke talks of the possible benefits (Locke par 5). Hobbes talks of ââ¬Ëstates of natureââ¬â¢ hypothetically, while Locke points out instances where they are. Both men denote men to be equal within this state of nature; Hobbes affirms that nature has made men equal win the abilities of body and mind. Likewise, Locke explains the nature-of-nature as a condition of perfect impartiality, where inherently there is no dominance or authority of one on another. Regardless of this parity; nonetheless, both men caution of the risk of the ââ¬Ëstate of natureââ¬â¢.à For Hobbes, the whole time, which man is within a ââ¬Ëstate of natureââ¬â¢, he is inside a state of warfare. Hobbes states that two men can become enemies when it becomes imp ossible to relish the same item; in return they endeavor to wreck each other. Locke also points out threats, saying that minus the nature lawââ¬â¢s everybody may execute verdicts, resulting to a state of mess (Locke par 5). à Hobbes and Lockeââ¬â¢s ââ¬Ëstate of natureââ¬â¢ differ from one another. Firstly, Hobbesââ¬â¢ nature-of-nature is continually in a mess of war.à Rendering to him, the main purpose why men give up their power to the supreme is to pursue tranquility, and evade the ââ¬Å"fear of demiseâ⬠. In contrast, whereas Locke does talk of ââ¬Ë
Friday, November 15, 2019
Examining the Legal Issue of Copyright
Examining the Legal Issue of Copyright Introduction This essay is on the topic of Intellectual property and will be split into four parts. It will explain the law regarding copyright in the UK by using the Copyright, Designs and Patent Act 1988 (CDPA 1988), it will begin by discussing the legal terminology original work and why copyright exists and the regulations of copyright in detail with regards to fixation and originality, the definition of fixed in line with the current law, the skill, labour and judgement test including cases to support the claims and economic rights that an owner has. Secondly by explaining the 3 main types of original work that are granted protection by this act and in addition, it will shed light on what consists of copying of the work and alternatives to copyright including adaptation of the work and what the copyright infringes. The source used to gain this information is from Contemporary Intellectual Property: Law and Policy, By Hector L. MacQueen, Charlotte Waelde, Graeme Laurie and Abbe Brown. The thir d part of this essay will critically evaluate the impact of internationalism in terms of digital technologies. It will assess the new challenges this presents Intellectual Property (IP) in terms of new innovations that will affect the consumers and industry. furthermore, it will discuss the impact this has on Intellectual property by using the Gowers Review of Intellectual Property to source the knowledge. Lastly the essay will examine the case on Liam and Aleesha in terms of copyright and explain what infringements of copyright have occurred using relevant cases to reinforce the arguments that are made. Main body Copyright in its early stages was implemented to control the output of printers once the technology was invented and recognised in the 15th century. Before the era of printing, writing could only be duplicated by the process of manually copying out the work [1]. The UK formed the Copyright, Designs and Patent act 1988 to give creators of literary, dramatical, musical and artistic work ranging from sound recordings, films and broadcasts [2] protection and the right to regulate the way their work is used. For copyright to exist in work it must be original and fixed. The fixation or fixed term means that the work must be recorded in writing or otherwise [3] this includes and form or notion of code, either by hand or otherwise and regardless of the method by which or medium in which it is recorded [4]. Original or originality is not defined by the CDPA 1988, it is required that the work was originated from the author and not copied from another work. The work does not have to be different, it depends on the way the work was created. For example, a mobile phone application that embodies the same idea as another however has a different look and feel to the user is considered as original work. For copyright to exist in terms of literary, musical, dramatical, or artistic work, it must qualify as work. Work is determined by the amount of skill, labour and judgement that has gone into creating it. This means that the author of the work is the individual who has put the most skill, labour and made the most judgements on the work. However there have been some discrepancies in this as there are differences in opinion on how much skill, labour and judgement is required. In terms of case law for work one must look at the case of Hyperion records v Sawkins. Sawkins (S) had created new performing editions of four of his works. In total this work took 300 hours and that involved S making 3000 editorial interventions to the works. In October 2002, Hyperion Records (H) produced a CD featuring performances of the four performing editions that Sawkins created. H said that S was not entitled to copyright in these editions as editor should not obtain copyright in non-copyright work. It was held that the skill and time that S invested in making the works was enough to make them original, H had infringed S as he did not identify him as author. There are 8 types of original work recognised by the CDPA 1988. Literary works, dramatic works, musical and artistic works, sound recordings, films, broadcasts and typographical arrangements of published editions but for this essay we will only be explaining the main 3. Literary work is any work other than a dramatic or musical work, which is written, spoken or sung [5]. Literary works can consist of technological work such as software, databases and computer programs. In Anacon Corp Ltd v Environmental Research Technology it was found that circuit diagrams from which circuit boards are made into literary work as well as artistic work as the writing on the diagram is meant to be read and not just to be appreciated by eye. Dramatical work includes a dance or a mime [6]. However, there is debate on whether this includes television and films for example in Norowzian v Arks Ltd (N0 2) where N had created a film called joy which includes a man dancing with a plain backdrop, which was edited heavily. The defendants produced an advert for Guinness called anticipation that used a man dancing in a similar fashion and was edited similarly. It was held that the work couldnt be dramatic work as it cannot be performed in front of a live audience. Musical work consists of music, exclusive to any words or action intended to be sung spoken or preformed with the music [7]. A small number of notes and chords are enough for copyright protection as seen in Lawson v Dundas the four-note theme is enough to be protected by The CDPA 1988. Once original work is present, one must then determine authorship and ownership of the work. Authorship is the person who creates the work.[8] In the case of Walter v lane (1900) it was said that the author is the individual who has extended the necessary effort, skill and labour in creating the work. There is also a possibility of joint authorship where two or more authors have collaborated and the contribution of the authors cannot be distinguished.[9] Ownership of the work generally falls to the author who is in most cases the first owner of a copyright work. A clear example of this can be seen in Griggs group v Evans (2005) where Griggs who are the manufacturers of the footwear Doc Martens they hired an ad agency to create a logo which would combine two of their existing trademarks Airwair and Dr Martens, Evans was hired by the agency to create the logo. Evans assigned copyright to a Australian company who used it on their own products. It was held that the right to use the logo and to exclude others from using it belonged to the belonged to the client and not the designer. The CDPA 1988 states that the copyright owner has the only right to copy the work, issue copies of said work, rent out or lend the work to the public, preform, show or play the work in public, communicate the work in public and to make an adaptation of the work.[10] Copying the work comprises of the reproduction of the work in any material form and storing of the work in any medium by electronical means for instance taking a picture or scanning a document or recording live music to a digital format equates to copying. On the other hand, similar works do not infringe copyright as there must be a connection that the work is derived from the claimants. In Francis Day Hunter v Bron the defendant had produced a song called Why the claimant argued that the first 8 bars in the song were reproduced from their son called in a little Spanish town. The courts held that there must be a causal connection between the works and that the similarity must be sufficient and objective. Adaptation in terms of copyright differs from copying as it only applies to the literary, dramatical and musical works. This includes dramatisations and translations. Although there is a connection with copying, it is not as specific as adaptation. In Harman pictures v Osborne the claimants argued that the film created by Osborne copied a historical book, though there were parts that were different it was held that the similarities of incidents and situations suggested that they were both based on the same historical event. Impact of internationalism of digital technologies As we know the laws on copyright are outdated and are not up to par with this time as technology grows and we approach the age of online information, where ideas are spread internationally and very quickly. It is important that the IP laws are adequate to deal with the ever-growing digital technology as there are more ways to share goods and services. For example, the effect on the film and music industry due to growing technologies is having a great impact as films and music are pirated online and are accessed very easily and shared. This is causing a great loss for the industry as much as 20% of their annual turnover[11]. This creates challenges as it will affect jobs in addition it will have a detrimental effect on the industry in the UK as it is cheaper to reproduce this work using the internet which does not require cost. An argument made by Andrew Gowers in Gowers Review of Intellectual Property is that the infringement on IP in the digital world need to be more stern as the pe nalties are softer for digital cases then civil cases[12]. This will prevent IP infringement digitally where it is most common also we can give the power to enforce IP infringements to trading standards. Since the creation of the CDPA 1988 there have been numerous technological advancements, the problems this creates for IP are that it is easier now to copy or reproduce work and share it then it has ever been making it easier for the circulation of reproduced or counterfeit goods like songs in the form of MP3 files without the owners permission. In addition, new technologies do not fit into the scope of original work that is stated by the CDPA 1988 this causes confusion as it is not alike standard definitions of work, for example genetics or medicine. Copyright for Liam Aleesha Firstly, originality and fixation must be established in the work for copyright to exist, it can be determined that Liams work is fixed as he records the music and has it uploaded to the bands website to share to his fans, it can also be determined that the work is original as Liam writes his own music and lyrics. Secondly, the work is determined by the Skill, labour and judgement test. In terms of Liam he has put his skills of writing the music and lyrics for the band and has shown that he put is the labour as well as he writes all the bands songs, only a small portion is provided by the other members which includes Aleesha. From this information, it is determined that Liam is the author of the work as he is putting in the most effort, skill, labour and judgement into it. As seen in the case of Walter v Lane (1900) where it was said that the author of a work is one who extends the necessary effort, skill, labour and judgement in the work. Aleesha would not be a joint owner as her contribution is distinguished as a small portion. From this It can easily be decided that Liam is the owner of the music and lyrics. Thirdly it must establish whether there has been a copying of the work. In this case Robbie, has copied Liams work as he has digitally sampled his music without the right of the owner (Liam) it states in the CDPA 1988 that copying of the work includes the reproduction of the work in any material form. It can be said that there is a casual connection as the music is sampled directly from Musik Dynamites work. In addition, the case of Lawson v Dundas further reinforces the argument as it was established that as little as 4 chords or notes are sufficient for copyright. Also from the information gathered it can establish that the owner (Liam) has not given consent to Robbie or Aleesha for them to use or sample his music as it doesnt state otherwise. From this information, a strong argument is made that an infringement of copyright has occurred. Conclusion In conclusion, this essay has thoroughly clarified on what copyright is in terms of the CDPA 1988 and given relevant cases to illustrate points made demonstrating legal knowledge. It has explained legal terminologies and defined them in junction with the CDPA 1988 and has clearly described what copyright infringes. Furthermore, it has discussed the growing impact of internationalism in digital technologies. In summary from the research conducted the law regarding IP needs updating in terms of new technological advancements to keep up with the protection of work as It would affect sectors such as the film and music industry negatively. Finally, the essay has examined the case of Liam v Aleesha and Robbie and has concluded that Aleesha and Robbie have infringed copyright by sampling music by Musik Dynamite without the right of Liam who is the author and owner of the music. Bibliography Books Gowers A, Gowers Review of Intellectual Property, HM Treasury 2006 MacQueen H, Contemporary Intellectual Property: 2nd edition Law and Policy 2010 Patterson, L. R., Copyright in Historic Perspective, Vanderbilt University Press, 1968 Cases Anacon Corp Ltd v Environmental Research Technology [1994] FSR 659 Francis Day Hunter v Bron [1963] Ch. 587 Griggs group v Evans [2003] EWHC 2914 (Ch) Harman pictures v Osborne [1967] 1 WLR 723 Hyperion records v Sawkins [2005] EWCA Civ 565 Lawson v Dundas [1985] The Times 13 Norowzian v Arks Ltd Anor (No. 2) [1999] EWCA Civ 3014 Walter v Lane [1900] AC 539 Legislation The Copyright, Designs and Patent act 1988 [1] Copyright in Historical Perspective, p. 136-137, Patterson, 1968. [2] The Copyright, Designs and Patent act 1988 s.1(1)(a) [3] The Copyright, Designs and Patent act 1988 s.3 (2) [4] The Copyright, Designs and Patent act 1988 s.178 [5] The Copyright, Designs and Patent act 1988 s. 3 [6] The Copyright, Designs and Patent act 1988 s. 3(1) [7] The Copyright, Designs and Patent act 1988 s. 3 [8] The Copyright, Designs and Patent act 1988 s.9 (1) [9] The Copyright, Designs and Patent act 1988 s.10 (1) [10] The Copyright, Designs and Patent act 1988 s.16 [11] Andrew Gowers, Gowers Review of Intellectual Property p.3 [12] Andrew Gowers, Gowers Review of Intellectual Property p.4
Wednesday, November 13, 2019
Is Frankenstein a reality? Essay -- Technology Society
Mary Shelleyââ¬â¢s 1818 book, Frankenstein, started a popular trend with authors and movie screen writers of science fiction and horror. For over a century now, movies have been produced replicating the Frankenstein novel and the mysteries revolving around creating life from scratch. Numerous films show humans creating creatures or monsters, with good intentions, only for something to go wrong and the creation creates havoc on everyone involved. Viewers will find every variation of creation from cloning to mixing chemicals. In Frankenstein body parts were stitched together like patchwork creating an odd monstrous looking figure. The moral of the movie gives the viewer the impression that we should never play god. Otherwise, we will need to seek out and destroy what we created, just as Victor Frankenstein wanted to do. However, these movies are actually becoming a reality to a certain extent. Is it possible that the Frankenstein myth may actually become a reality in the near futur e? Scientist and doctors have been hard at work for many years to make this fiction a reality. When Frankenstein, was made into a movie in 1931, a memorable scene from it became the dark and gloomy night Victors creation came to life. The violent thunder and lightning had the audience predicting an intense moment was about to occur. Victorââ¬â¢s dead corpse was raised to an opening at the top of the ceiling where a magnificent display of light is shown jolting the machines connected to his creation. After the corpse was completely descended back into the laboratory, Victor notices a slight movement of the corpseââ¬â¢s stitched on hand. He shouts ââ¬Å"Look! Itââ¬â¢s moving. Itââ¬â¢s alive! Itââ¬â¢s alive! Oh in the name of God. Now I know what it feels like to be God.â⬠Soon after,... ...tp://www.huffingtonpost.com/david-ropeik/scientists-bring-back-art_b_583876.html> . Sato, Rebecca. ââ¬Å"Playing Godâ⬠Scientists in Final Stage of Creating man-made Life.â⬠Daily Galaxy. The Great Discoveries Channel. 21 June 2007. Web. 5 Dec. 2010 . Sato, Rebecca, and Casey Kazan. ââ¬Å"The Ilulissat Manifesto-Creating Artificial Life.â⬠The Daily Galaxy. The Great Discoveries Channel, 12 Mar. 2008. Web. 5 Dec. 2010. . Shelley, Mary, Frankenstein. Romantic Circles. University of Maryland. Stuart Curran. Web. 7 Nov 2010 . Tigges, Sabina. ââ¬Å"Clint Hallam: Guinea Pig Takes the Reins.â⬠Guinea Pig Zero. 29 Dec. 2005. Web. 5 Dec. 2010 .
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