Responsibility to Protect Case Study Example | Topics and Well Written Essays - 2000 words

Responsibility to Protect - Case Study Example Therefore, the power of the international community has proved impotent while thousands suffer. In September of 2005, the world leaders assembled at the U.N. The largest such gathering of heads of state in history produced the 'responsibility to protect' document in which 150 signatures were attached. The nations of the world agreed "to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the UN Charter ' on a case by case basis and in cooperation with relevant organizations as appropriate, should peaceful means be inadequate" (Rasul, 2005). Since the end of World War II and the Nazi's implementation of the 'final solution,' the phrase, 'never again' has echoed throughout the world, but genocide has occurred over and over again. The responsibility to protect is an agreement late in coming. It has not curbed the violence in Darfur and its complex implications have not existed without continued debate and controversy. The U.S., in co ncert with all nations of the U.N., is compelled by reasons of human compassion to protect any group from genocide. We are our brother's keeper. We all have the responsibility to protect and support the people of Darfur. The 'Responsibility to Protect' provides that a country cannot refuse assistance or support from other countries when it cannot or will not safeguard its citizens from genocide or other actions deemed as a crime against humanity. All nations' sovereignty is respected as is their ability to conduct their own affairs but this is a qualified condition, not one that is considered absolute. "When peaceful means are exhausted and leaders of a UN member state are 'manifestly failing to protect their populations,' then other states have the responsibility to take collective action through the Security Council" (O'Neill, 2006). In some respects, the concept of "Responsibility to Protect" was founded in the common concern for human rights worldwide, the concept that initiated the formation of the U.N. The Genocide Treaty (1948) and the Universal Declaration of Human Rights (1948) are manifestations of the U.N.'s founding principles. In the 1960's, the international human rights covenants furth ered this philosophical stance of the U.N. However, these treaties, covenants and resolutions were not effectively enforced. Affected countries argued that their right to national sovereignty superseded the intentions of uninvited intrusion. For many years, the U.N. and others have debated the subject of humanitarian intervention issue regarding the question of when the nations of the world should unite to take military action against a country so as to protect that country's population. Supporters of 'the responsibility to protect' and 'humanitarian intervention' concepts include liberal-minded persons worldwide who encourage the use of military forces to come to the aid of desperate people (International Commission on Intervention and State Sovereignty, 2001). However, the questions surrounding the use of force has been of great concern to many especially following the recent 'humanitarian' efforts

Making Solar Energy Economical Essay Example | Topics and Well Written Essays - 750 words

Making Solar Energy Economical - Essay Example With the realization of this inefficiency, current manufacturers are manufacturing solar cells with an improved efficiency through laying the cells into multi-layers that has the ability to push the efficiency to about 35%. Using nanotechnology, engineering of solar energy generation devices can make structures on sizes that are comparable to molecules and atoms that are measured in nanometers whereby nanocrystals from the elements selenium and lead are utilized (Beard et al. 2506). The technology improves the inadequacy presented by standard cells that produce useless excess heat and less impact while the Lead-Selenium nanocrystals release further electrons rather than heat thus boosting the output, which can also be replicated in Silicon. With the use of nanocrystals technology, the efficiency of the generation of solar energy can use efficiencies of up to 60% and therefore engineering technologies are required to integrate nanocrystal cells in transmitting energy in a circuit (Bea rd et al. 2512). How to Make Solar Energy Economical The use of new materials for solar cells can help in the reduction of fabrication costs that has a positive impact in reducing the costs of solar energy and making its implementation for generation of electricity economical (Lewis 799). The purity of the material is important, as modern solar cell designs require higher purity content in order to make the flow of electric charges be seamless. To achieve this, manufacturers will be required to use thick materials in one dimension to absorb sunlight and thinner materials in another direction to transmit the charges which would require that the solar cells are made of nanorods or tiny...This essay outlines the growing importance of the solar energy among other sources and determines the factors, that will ensure larger electrical generation based on solar energy conversion. Solar power is usually generated by collecting the light spectrums from sunlight and converting them to energy in the form of electricity using solar panels that have cells in them. Solar energy forms an integral part of the supply of energy to human beings and the earth in general. The contribution of the sun to the energy requirements of the earth is substantial despite the fact that it has not been taken up by most people and forms only a fraction of the energy consumption market. In order to make solar energy economically competitive, there is need for those tasked with the manufacture of solar technology devices to improve the efficiency of the cells in commercial solar cells as well as lower their costs of manufacture. The use of new materials for solar cells can help in the reduction of fabrication costs that has a positive impact in reducing the costs of solar energy and making its implementation for generation of electricity economical Despite the fact that technology may help in the production of solar cells that generate cheap and efficient electricity, it would be uneconomical if the solar energy generated is not stored. The need for storage of electricity generated from solar has been necessitated by the fact that not all the days will the earth receive sunlight as this may be blocked by clouds or darkness at night.

Efficiency of the Anti-HPV Vaccination Campaign

Efficiency of the Anti-HPV Vaccination Campaign Was the anti HPV vaccination campaign sufficiently organized? Abstract The fight against cervical cancer through vaccination and screening brings an important long-term benefit in controlling and decreasing this type of cancer. The purposes and objectives of the research were followed by a questionnaire composed of 6 questions that follows the awareness on primary prevention through vaccination of cervical cancer, of 484 parents whose children were recommended to get vaccinations. The results highlighted that although people did not know the benefits, contraindications, possible adverse reactions, and also the international use of the vaccine in a big number, they participated in taking a decision about vaccination of their own children anyway. The faulty organisation of these campaigns bring prejudicial actions of the vaccination campaigns, generally by forcing people to take decisions without the adequate information. Introduction The increased incidence of the neoplastic disorder occurrences, the high rate of their complications, their medical-surgical emergency appearance that they have and last but not least , the high cost of the treatment and the likelihood of recurrence that are aspects that highlight the medical world. Therefore, in recent years, efforts have been directed towards determining the precise pathogenesis, detection of the risk factors and the application of effective methods of prevention[1-4]. There are two elements of the application of effective prophylaxis against cervical cancer screening, through early identification of dysplastic changes and vaccination, which together lead to a cumulative reduction in the risk of cervical cancer up to 94%, fact that is calculated on advanced mathematical models . [5] The fight against cervical cancer has an advantage represented by the discovery and involvement in the etiology of this type of cancer: Human papilloma virus infection (HPV). The knowle dge of one of the etiological factors of this condition can lead us to implement an effective prevention strategy that brings significant long-term benefits in controlling and decreasing number of cases of cervical cancer. Because vaccination actions need to have a significant impact on the population, it is necessary to fulfil two conditions: first, vaccination should include a larger number of people and secondary, the existence of a competent immune system in people vaccinated, enabling the production of a effective titer of antibodies anti HPV.[6,7]. At the same time, the success of a vaccination campaign can be reflected in the number of people who approved the vaccination and is even more successful if there was a full and proper public information about the importance of this medical act that is performed.[8] The purpose and objectives of the research The research is aimed to evaluate the level of awareness of primary prevention by vaccinating for cervical cancer of people, that, at a certain point, were put in position to take a decision for administering it to their children or not. Material and Methods To accomplish this work, we developed a number of 6 questions grouped in a questionnaire, which was applied to a sample of 484 people, respectively parents of schoolgirls in grades V-IX, in January June 2010. The questionnaire was used to collect data relating to the information held by the interviewees on the primary prevention of cervical cancer vaccination. The batch included people of the city of Brasov, from General School no. 12 and from Nicolae Titulescu High School, but also from the rural areas from the General School of Hălchiu and General School of Satu Nou. The respondents were chosen randomly, every third person being selected from the ones that attended the parent meetings of those years. At the beginning of the meeting, people were instructed on how to properly complete the questionnaire. Initially 492 questionnaires were completed, of which we selected 484, 8 of them being excluded for various reasons (incomplete, unclear, unlysed). Results Characterization study group From the sample studied, 308(64%) were female and 176(36%) remaining were males, as shown in Figure 1. Figure 1. STRUCTURE OF THE ANALYSED GROUP BY GENDER The average age of the group is 45 years, with minimum 30 years and maximum of 60 years. Framing parents in the age groups mentioned in the questionnaire can be viewed in Figure 2. Figure 2. STRUCTURE OF THE ANALYSED GROUP BY AGE Most parents of students in classes V to IX have elementary education, respectively 310 of them, and only one third have completed high school. The remaining 16 have a university degree. Graphical format depending on education level is found in Figure 3. Figure 3. STRUCTURE OF THE ANALYSED GROUP BASED ON THE EDUCATION LEVEL Of the 484 people surveyed, 246(51%) of them are from urban areas and 238(49%) in rural areas, aspect illustrated in Figure 4 Figure 4. STRUCTURE OF THE ANALYSED GROUP BASED ON THE DOMICILE The results of the completed questionnaire In taking a decision, it is extremely important to understand the action and the purpose of the action, so the answers on this issue in the perspective of parents are shown in Table 1 and Figure 5 Table 1. THE GOALS OF VACCINATION IN THE PERSPECTIVE OF PARENTS Regarding the awareness of the parents about the international use of the vaccine, 291(60,1%) of the respondents were not informed about it and 3(0,6%) parents have failed to respond to results, results found in Figure 6. Figure 6. THE AWARENESS OF THE PARENTS ABOUT INTERNATIONAL USE OF THE VACCINE Regarding the knowledge of the benefits of vaccination of the parents surveyed 148(30,5%) responded affirmative, 321(66,3%) negative and 15(3,2%) gave no response, these issues are exposed in Figure 7. Figure 7. KNOWLEDGE OF THE BENEFITS OF VACCINATION Contraindications and adverse reactions following vaccination, after evaluating the results of the questionnaire were listed as respondents as: unknown by 392(81%), known by 89(18%), and three parents(1%) who avoided to respond as shown in Figure 8. Figure 8. KNOWLEDGE OF CONTRAINDICATIONS AND ADVERSE REACTIONS A further question is aimed to outline a personal assessment on the perception of the level of knowledge on the subject of the anti-HPV vaccination. Most people surveyed, precisely 412 parents(85%) admitted that they do not have enough information to take a decision on HPV vaccination, 72(15%) felt they possess the necessary knowledge as shown in Figure 9. Figure 9. THE LEVEL OF KNOWLEDGE ON THE SUBJECT OF THE ANTI-HPV VACCINATION The last question was aimed at identifying the number of respondents who would recommend carrying out the vaccination of their children. 256(53%) of the respondents refused vaccination, while 222(46%) took part in the vaccination campaign, 6(1%) of them abstained or failed to respond, aspect illustrated in Figure 10. Figure 10. THE INTENTION OF CARRYING OUT THE VACCINATION OF THEIR CHILDREN Discussions The evaluation of the responses of the parents of the schoolgirls classes V to IX have highlighted a clear disparity between the quantity and quality of information held by them in respect of the anti-HPV vaccine and the decision, often unfavourable to participate in the vaccination campaign. The lot that was questioned consisted predominantly of women (64%), the average age of the group is 45 years, half residing in rural areas and half in urban areas. The aim of vaccination was found to protect against a deadly disease and vaccine testing in a proportion of 42% and 46%, which reveals from the beginning that the true objective of performing a vaccination campaign, namely the protection of persons target is unknown by the public. Moreover, for the respondent it is unknown that before marketing a vaccine and releasing it to the general public, there are carried out numerous clinical studies beforehand, whose results support or on contrary, they preclude the type of vaccine widely targeted populations for whom it is addressed. To not neglect the view of 10% of the respondents consider that it is strictly a business of the Ministry of Health. The fact that the vaccine is already used internationally is only known by 39% of its respondents. Knowing this was a beneficial aspect by example, illustrating the fact that other countries administers this vaccine for several years. The knowledge of the characteristics of a vaccine and related benefits, contraindications and / or possible side effects associated with vaccination could cause people to whom it is addressed pertinent to make a decision in favour of or against its implementation. The group to whom questions were addressed regarding this issue, has shown that up to 66% did not know the beneficial aspects of implementation of the vaccine and 81% were not informed of any contraindications and side effects that may occur. The questions were intended to highlight if the population that was asked to take a decision to consider vaccination that is sufficiently informed or not. 84% of respondents admit they do not have sufficient arguments for or against vaccinations. The last question was aimed to highlight the proportion of people who recommend vaccinating their own children in the context of knowing more or less the vaccination aspects. Interpretation of the results highlighted that 53% of the people do not wish to participate in the campaign. Conclusion In general, the aspects of vaccination are little known and this is more clear in the context of a fast ongoing campaign with lack of adequate information by any means (media, fliers, specialists). The group surveyed demonstrated that although they did not know the benefits, contraindications, adverse reactions possible, the international use of the vaccine, in a big proportion , they participated in taking a decision about immunizing their children. The success of such campaigns are ensured only through a rigorous organization involving all those entitled (specialists, family physicians, media) that provide pertinent information related to all aspects associated to the medical vaccination so that the decisions (positive or negative) are being acknowledged. In the opposite event it is a guaranteed failure, parents are forced to take important decisions about the future health of their children, without having minimum knowledge related to vaccination. Paradoxically, the majority of th e parents surveyed refused vaccination, although they acknowledged that their decision is not based on medical reasons. A organisation like this one may have faulty remote effects and in time to see an increase that is more accentuated (because it is already manifesting) and the refusal of vaccinations in general.

Eliminating Evil in Thomas Mores Utopia Essay -- Philosophy

Eliminating Evil in Thomas More's Utopia Thomas More's Utopia is in many ways a very hopeful book; it implies that humans can be good if put in the right environment. Many people would argue that this could never happen; that the inequalities and injustices in our world are a product of human nature. Thomas More however would argue that rather than being a product of human nature, they are a product of the corruption within society. Thomas More believed that although humans may be inherently evil, if put in the right environment this tendency can be corrected. He develops the idea of the right environment; it is Utopia, a place where people are honest and equal because of the way that society is structured. Utopia is as close to the ideal society as possible because it assumes and accepts that its inhabitants are not perfect; the starting premise of the society is that human nature is dishonest and selfish. The laws in Utopia are constructed in a manner that makes immoral action absurd. Schools and the everyday structure of life are used to educate its population to think morally without even questioning it. Utopia operates on the assumption that people have and will always act in their own best interests and, then, the laws and institutions create a climate where the best interests of the community as a whole also correspond to those of the individual. Thomas More was an extremely religious person and this can clearly be seen in the way that he structures the laws and everyday life of Utopia. Using this organization he effectively eliminates all seven of the deadly sins, because of their absence Utopian society shapes its citizens to be upstanding people and obey the many rules without resentment. It does this by making ... ..., greed and envy with the abolishment of private property. He then rids Utopian society of gluttony with the way that they eat their meals, and sloth with hard work and a well-structured day. Finally he gets rid of wrath and lust with the Utopians policies surrounding war and marriage. All of these morals are reinforced by more laws than just those listed above; such as how the rules about politics also stop people from being greedy. The plethora of rules and structure built into Utopian society may seem excessive but every one of them serves its purpose and causes the Utopians to act morally. In essence, in Utopia a citizen must make a choice: would one rather live in a society full of corruption, poverty, death and inequality or in one with many rules, some of which even hinder people's personal freedoms but where everyone is well-fed, treated fairly and equal.

Management Communications with Technology Tools

Managing organizational change and improvement is one of the most complex tasks of leadership. Leaders need to understand the change process in order to lead and manage change and improvement efforts effectively. Leaders must learn to overcome barriers and cope with the chaos that naturally exists during the complex process of change. Managers and other organizational leaders should assist workers and other stakeholders build effective teams by developing new organizational structures and creating a shared vision that focuses on mission accomplishment and developing new organizational structures and creating a shared vision that focuses on mission accomplishment and attainable objectives. When such inspired and informed leadership is applied, organizations can improve performance. As noted by Harrison (1993) use of the process-oriented approach to managerial decision making with its strong managerial emphasis and its objectives-oriented outcomes is the model recommended for decisions with discernible levels of uncertainty attendant on the outcome. Such decisions include those made at middle and upper levels of management both in the private and the public sectors where the consequences are of high levels of significance to the total organization. Included in this category are all decisions of a strategic nature and those involving appreciable commitments of resources directed towards the long-term enhancement of the corporation or institution. â€Å"The process model is ideal for these kinds of decision because it is forward looking in that it has a planning emphasis not apparent in the other models of decision making. The process model is oriented towards innovation and organizational change with a particular emphasis on long-term results. It relies principally on the judgment of the decision maker, but not to the exclusion of computation or compromise to fit special decision-making situations† (Harrison, 1993). According to Alexa Michael (2009) â€Å"a company needs accurate, reliable and timely information on performance, which must flow up through an organization regularly. It should be simple, easy to measure and focused on the long term†. One solution for managing organizational change and improvement according to David Blanchard (2009) â€Å"is developing a set of highly descriptive key performance indicators (KPIs) that include precise times, quantities and other numerical measurements so that everyone is on the same page about what it will take to achieve acceptable on-time, accurate and cost-effective performance levels†. Using a range of KPIs that include financial and non-financial measures to gauge how successful the business is in achieving its goals will improve its performance. The KPIs should be simple, easy to measure and focused on the long term. A company also needs to address the issue of cash-flow management. Managing cash-flow variability tops the agenda for most companies. â€Å"Identifying and fixing friction points that hinder operating capital as it flows across the balance sheet from inventory and payables to accounts receivable† (Driscoll, 2009) is an organizational change critical to a company’s long-term viability. Another organizational change for improvement is the idea of Lean Performance Improvement. Successful lean performance improvement initiatives have front-line workers generating, processing and implementing ideas. Using the high-performance idea system front-line employees drive the lean improvement process with regular and ongoing engagement with daily problems and opportunities. With successful organizational change a company can use this process-focused approach to build their own lean culture. Harrison (1993) tells us that â€Å"the components of the decision-making process for the process model are the functions of decision making which include setting managerial objectives, searching for alternatives, comparing and evaluating alternatives, the act of choice, implementing the decision, and following up and controlling the decision. The process model with its managerial emphasis drawing selectively on the disciplines of economics, mathematics, statistics, philosophy, psychology, sociology, political science, anthropology and law. The process model’s objective-oriented outcome approach best allows for successful adaptation of organizational change leading to long-term success†. The implementation strategy for the organizational change that includes the introduction of key performance indicators (KPIs), lean performance initiatives and cash-flow management will be both top-down and bottom-up. Clear communication that brings employees of all levels on board with the changes being made and how it affects them and the future of their company and job must be made. Ensuring that all stakeholders understand that they have a say in the success of their company and therefore increased success for themselves is paramount. The KPIs will be both financial and non-financial. KPIs will be used to monitor factors that are known to create value within the business. KPIs will help ensure that the following things are in place, â€Å"products and services that are attractive to consumers both now and in the future, clear objectives that are communicated properly to the workforce, desires for continuous improvement, useful management information and effective financial control, efficient services and distribution, good, well-informed managers, and regulatory compliance with minimum disruption to organizational routines† (Michael, 2009). Developing and using a checklist to monitor and asses these key performance indicators will be done. The checklist will be a series of questions that properly answered will help determine whether or not the company is getting value from their business and will eliminate a problem identified by Roger Chevalier (2009) in his article about analyzing performance where part of the problem with the performance was that â€Å"expectations for performance are unclear†. Answering the questions yes or no for both now and in the future will help look at the factors that can improve or destroy the value of the business. Questions such as, â€Å"spreading your buying/selling contracts too widely over time, hostage to one or two buying/selling contracts or customers/suppliers, sure your purchase/sales order books are firm and go forward far enough, buying/selling on a growing/declining trend in real terms, buying/selling any products at a loss, using cross-selling and up-selling techniques to improve sales, monitoring whether your purchases arrive on time and are of the right quality to meet your manufacturing schedules, satisfied that your suppliers’ terms, and your own terms to customers, are competitive, aware of the financial implications of your pricing policy, loyal to good customers/suppliers, scheduling orders to obtain better terms, developing your competitive position, fostering your company’s reputation and brand values, developing your business processes to create more value, enhancing staff skills to improve your competitive advantage† (Michael, 2009). Another strategy to implement that overlaps with the key performance indicators will be the lean performance improvement initiatives. â€Å"A successful lean implementation will result in various operational and financial improvements. Operational improvements include higher quality and productivity as well as lower nonproductive capacity and lead times. Some financial improvements realized from a successful lean implementation include increased cash flows, lower inventory levels, and lower costs† (Searcy, 2009). Successful lean performance improvement initiatives generate significant front-line involvement in identifying and implementing opportunities for improvement. As noted by Robinson and Schroeder (2009) in these initiatives ideas are integrated into everyday work, the emphasis is on small ideas, front-line performance metrics focus ideas on what is important, and both managers and workers are held accountable for their roles in the idea process. The strategy for implementing change with regard to the issue of cash-flow management will focus on forecasting as the key activity to improve. The forecasting of cash outflows and cash inflows both need to be accurate. According to Mary Driscoll (2009) â€Å"the bent of the typical finance function which tends to be accounting-oriented, concentrated on the accurate recording of journal entries and the consolidation of data from across the enterprise for statutory and management reporting†. Also according to the article by Driscoll (2009) â€Å"the key to cash-flow forecasting was more accurate demand forecasts†. Consideration of successful measurement techniques with the key performance indicators (KPIs) will be whether or not the business added value. Use the KPIs to ensure that the selling price covers costs of production and promotion. Use the KPIs to help the business work more closely with customers and suppliers to ensure a competitive advantage (Michael, 2009). Successful measurement of the lean performance improvement initiatives can be achieved by measuring employee morale and productivity. â€Å"Pyromation decided to integrate problem-identification and idea-generation into the regular work of front-line employees. Idea boards were set up, supervisors were trained in idea-meeting facilitation, and weekly shop-floor idea meetings were scheduled. In this way, front-line workers were given the opportunity to use the tools and techniques of lean production that they had been taught. The resulting stream of improvement ideas made an enormous difference. In two years, productivity increased by a third, lead-time was cut by 60 percent, and late deliveries were reduced by 70 percent† (Robinson and Schroeder, 2009). Successful measurement of the strategy for implementing change to cash-flow management will result in ensuring that â€Å"all managers understand that, in addition to the importance of earning a return on investments, the company needs steady cash flow to support operations and our credit position† (Driscoll, 2009). Ensuring the accuracy of cash in-flow estimates will require greater cooperation between management in getting speedy and precise analyses regarding booked sales that can be counted on as income and asking about sales pipelines, pricing, marketing effectiveness and channel viability. The internal revenue growth assumptions will need to be examined closely to ensure accuracy. If the internal numbers do not match industry outlooks the companies position will need to be reevaluated to ensure that it is not taking on a risky position. Managing organizational change and improvement requires leaders themselves to change. The leaders will have to bring in all stakeholders within the company into the management process. The leaders that overcome the barriers that traditional leadership throughout industry has always had in place will succeed in developing new organizational structures that create a shared vision focusing on the mission of the business. The shared vision in turn will improve the performance of the business which in turn increases the viability of the business. Working with the process model today’s leadership can eliminate the old management style of top-down leadership that did not value or effectively utilize the experience and front-line vision of its front-line employees. The process model can also be effectively used within the upper management as they improve the cash flow management of the business. Going beyond the traditional role of the accounting office and interacting with management from sales and production will enable cash flow analysis that carefully examines cash in-flow as well as cash out-flow creating a more solid financial picture of the business. This enhanced view of the balance ledger will enable the business to be better protected financially during turbulent business cycles. Identifying Key Metrics in Performance Measurement of Organizational Change ultimately involves more than just examining numbers on a data sheet. Those kinds of metrics, numbers on a data sheet, are valuable, but only within the context of the environment that they come from. The metrics that measure the human element are still the most important. The key performance indicators (KPIs), the lean performance improvement initiatives and the cash flow analysis all still require the human element to be useful.

Rock Ideology

Does popular music equate to commercial success? Is mass appeal enough to describe popular music? The answers to these questions may not come in handy. Oftentimes, what are considered to be popular music are the ones that are often played in the radio or promoted through various television shows and programs. Record sales and concert attendance are also important factors in determining (popular music). Yet, if one has to take a closer look, the above-given considerations can be summed up in achieving commercial triumph. However, for experts, there is a thing line that demarcates popular music from those that have emerged victorious from the economy of music making. Through the years, various musical genres have emerged. Their existence can be attributed for several reasons. First, music goes through a series of changes and transformations. Each and every generation of musicians and artists are on a constant experiment on how to create new sounds that can possible exceed the expectations of their predecessors. The other reason stems from the fact that the audience’s musical needs vary from time to time. Like food, music is a media commodity that must be constantly consumed by its specific target market or audience. But the moment wherein the peaks of satiety levels have been already reached, there is a strong tendency for an individual to look or crave for another media commodity that can attend to his or her demands. If music is viewed both as a commodity and a form of expression, then there is no doubt that being popular is also relative to being commercially triumphant. However, this generic notion tends to abolish music’s true meaning, essence, value and social significance. Commercial success, if such will be used as framework for what accounts as popular music stripped off the latter’s intrinsic and intangible characteristics and features. Each musical genre goes through such concerns. Musicians and artists alike are trapped within the norms of creating music for profit and at the same time maintaining their musical integrity and artistry. With regards to categorizing popular music, it is apparent that Rock and Roll often finds itself as the center of argument between music scholars and expert. Many Rock and Roll bands have managed to become commercially efficient, yet some stress that the lack of musical authenticity deprives them from being considered as popular music. On the other hand, it cannot be denied that there are some Rock and Roll bands which have remained popular only to a few selective audiences, their commercial appeal is not highlighted, yet they are often tagged as popular music. This discussion aims to tackle how Rock and Roll struggles to balance its profit-based orientation and at the same time preserve the pure and unadulterated nature of its music. The paper will also deal with rock ideology, its effect on the music’s fan base and youth culture and on the overall nature of Rock and Roll per se. Rockin the Youth Culture Beebe, Fullbrook and Saunders (2002) explained that Rock and Roll and youth culture are interrelated to each other. The two readily share a special relationship. Rock and Roll is the youth and the youth is Rock and Roll. The two seem to find it hard to be separated from each other. For one reason, a number of youth groups are able to relate to the themes perpetuated by Rock and Roll. The music became the youth’s language in articulating their own concerns and issues that cannot be overtly expressed through direct communication or confrontational scenarios. As Epstein (1998) emphasized, rock music played an important role within many youth subcultural groups wherein musical tastes and preferences provide a sense of belongingness and togetherness. Rock and Roll allowed these youngsters to relate and identify themselves to the youth’s basic needs and demands (Epstein, 1998). Gillet (1996) explained that Rock music is able to provide pleasure—the kind of satisfaction that no other musical genres can provide. But of course, this is something that extends beyond entertainment purposes. Through co-optation, as Grossberg (1997) maintains, the intersection of youth culture and Rock and Roll is preserved and sustained. Rock and Roll and Popular Music Kellog (2003) discussed that popular music is a representation or reflection of the cultural facets of society wherein it emanates. He added that the evolution of Rock and Roll is heavily influenced by the post-war era. In a time wherein a nation is trying to recover from war’s damages, the seemingly antagonistic and hostile nature of rock and roll would not really come as a surprise. It is not uncommon for such music to tackle social dilemmas that are experienced by the community. This is most especially felt during the times wherein Rock and Roll is on the process of growth and development. In Latin America for example, rock music functioned for propaganda purposes (Hernandez, L’Hoeste   & Zolov, 2004). Going back, it can be seen that such music is not merely used for entertainment activities. To give pleasure and at the same time take into consideration society’s critical issues transformed rock music into something that is revolutionary in nature. Commercially Popular Sterns (2001) emphasized that Rock and Roll is â€Å"eminently commercial.† The glitter and glamour that is associated with it is a concrete sign of a consumer-oriented music. There is the desire to garner mass appeal which is nonetheless avoided by those individuals that belong to the counter-culture (Sterns, 2001). Placing too much importance on form over substance makes Rock music prone to being a â€Å"consumer item (Sterns, 2001).† However, Hernandez, L’Hoeste and Zolov (2004) mentioned that under the circumstances wherein Rock music strayed from entertainment function, Rock and Roll as popular music has now differentiated itself from music that are commercially produced, this is of course in reference to the Latin American Rock music scene. Rock as popular music in contrast to rock as consumer item can be differentiated into four different ways. The latter’s differences are deeply characterized by its content and social function. First of all, rock as popular music possesses â€Å"intrinsic intent† which is to promote awareness to social and political issues (Hernandez, L’Hoeste & Zolov, 2004). Secondly, it breaks free from â€Å"bodily gratifications, wherein Rock is produced as something worth listening since it embodies the Pan Latin-American dream (Hernandez, L’Hoeste & Zolov, 2004). The lat but definitely not the least is that Rock has revolutionized the term â€Å"popular† wherein it previously refer to music created via the use of indigenous instruments (Hernandez, L’Hoeste & Zolov, 2004). In the meantime, going against commerciality, most especially as for the case of Rock and Roll bands may seem too complicated. This stems from the fact that these musicians earn their bread and butter from this industry. Yet, in as much as musical authenticity and artistry is concerned in popular music, Marshall (2005) explained that popular music must adhere to the canons of music making in the Romantic period. During those times, music creation was focused on maintaining the â€Å"truth† in artist and music’s intention, regardless of whether it would be socially accepted or not by many (Marshall, 2005). Rock Ideology In order to preserve authenticity in rock music, may bands have successfully practiced the so-called rock ideology (Frith, 2007). Rock ideology purports that the music has an exclusive   fan base or community that highlights their individualistic approach and orientations (Frith, 2007). This is in stark contrast to pop icons and celebrities whose popularities are attained through excessive media hype and exaggeration. In other words, rock to maintain its ideology must create music that is not present in other genres and would cater to a specific set of audience. In this aspect, rock and roll is famous but its scope and coverage is far by more limited and narrow. It can be categorized as popular music but only within smaller groups, compared to music that follows a certain kind of formula. Once and for all, rock as popular music is something that cannot be readily digested and appreciated by everybody else. And so through following its ideological threshold, the genre qualifies into the context of popular music—something that is worth listening and packed with cultural and social significance. References Beebe, R.; Fullbrook, D and Saunders, B. (2002) Rock Over the Edge: Transformation in   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Popular Music Culture.   USA: Duke University Press Epstein, J. (1998). Youth Culture: Identity in a Postmodern World. Massachusetts:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Blackwell Publishing Frith, S. (2007). Taking Popular Music Seriously: Selected Essays. Hampshire, England:  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ashgate Publishing Gillett, C. (1996). The Sound of the City: The Rise of Rock and Roll. USA: Da Capo Press Grossberg, L. (1997). Dancing in Spite of Myself: Essays on Popular Culture. USA: Duke   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   University Press Hernandez, D; L’Hoeste, H and Zolov, E. (2004). Rockin’ Las Americas: The Global Politics   Ã‚   of Rock in Latin/o America. Pittsbyurgh, USA: University of Pittsburgh Press Kellog, W. (2003). American History The Easy Way. New York: Barron’s Online Bookstore Marshall, L. (2005). Bootlegging: Romanticism and Copyright in the Music Industry.   Ã‚  Ã‚  Ã‚  Ã‚   London: Sage Publications Sterns, P (2001). Consumerism in World History: The Global Transformation of Desire. London: Routledge

Dos and Donts for Parent-Teacher Conferences

Dos and Donts for Parent-Teacher Conferences Parent-Teacher Conferences, handled correctly, are an opportunity to form a cooperative team for the coming school year. You will need each students parents on your side in order to have the maximum positive impact on learning. Follow these guidelines and youll be on the right track: Dos Give parents plenty of notice. Remember that parents have busy lives and challenging work schedules. The more notice you give them, the more likely they will be able to attend the Parent-Teacher Conference.Start and end the Parent-Teacher Conference on a positive note. Remember that parents are often nervous, too. Set them at ease by starting off with your positive observations of their child. After youve explained some areas of improvement, finish the conference off with more things the parents can feel good about. This goes a long way toward creating a positive working relationship with them.Be organized. Fill out a pre-conference form for each student, complete with space for your notes and follow-up issues. The conference may be your first impression on the parents, and your organization will inspire confidence in your abilities to help their child this year.Listen actively. When the parents speak, concentrate and really hear what they are trying to communicate to you. You may ev en want to take notes. When parents feel heard, you are setting up a cooperative relationship for the coming school year. Have samples of student work to back up your points. When discussing specific learning goals for the student, show the parents what you observed in the classwork that shows a need for improvement. On the flip side, you can also show samples of work well done, so they can see how much the students are learning with you.Give the parents homework. Think of 2-3 customized tasks that the parents can do at home to help their child learn this school year. It may not always happen as you hope, but its worth a shot. Offer worksheets, websites, and tools to support their efforts.Call in the principal for touchy situations. Sometimes teachers need to call for backup. If a specific set of parents have already shown some hostility towards you, a trusted administrator can act as a facilitator who has everyones best interests at heart. Moreover, the principal can act as a witness for you, if the tone of the conference starts to sour. Donts Dont stray from the topic at hand. Its easy for conversations to wander off into fun topics, such as shared interests. But remember why you are having this conference in the first place and keep the meeting on track.Dont Get Emotional. Stay professional and objective as you describe the behavior youve observed from a particular child. If you stay rational and calm, the parents likely will, as well.Dont run late. Once the Parent-Teacher Conference schedule is set, do everything possible to keep things running in a timely manner. Parents have busy lives and have dropped everything to meet with you at the appointed time. Respecting their time will make a great impression.Dont have a messy classroom. We all know that classrooms can get messy during the busy course of a school day. But spend some time straightening up your room, especially your desk, in order to make the best possible impression.Dont overwhelm the parents with too many at-home tasks. Choose 2-3 doable ways that the parent s can support learning at home. Be specific and offer them the tools they will need to help their child.

Songs on Overcoming Obstacles Essays

Songs on Overcoming Obstacles Essays Songs on Overcoming Obstacles Essay Songs on Overcoming Obstacles Essay He explains that whatever is thrown into your life is for a reason and will only help you later on in a persons life. The song composed by Kenya West entitled Stronger, accentuates that no matter how life treats you, there will always be a light at the end of a tunnel and will guide you to a better and a stronger As proven in Stronger, no matter what hardships are faced, they are for a reason and will help you. Kenya West states Now that that dont kill me can only me stronger, is to prove that only things that will kill a person cant be overcome and that doesnt hurt will only help prevent it happening again in the future. This clearly shows that as we grow older and wiser, we realize more of what the world throws at us and we make ourselves able to attack the situation when we are poised with it again. These lyrics are figurative language because he clearly does not mean exactly that want kill you can make a person stronger. He really means that things are sometimes tougher than they may appear but will only lead to something good. Also, by knowing how to overcome these challenges, a person would be able to help others tit problems and challenges that may be similar to the one that they went through. Kenya West clearly demonstrates that all challenges can be taken by the horns and beaten. There are many poignant feelings that permeated through the lyrics to express hardships and knowledge. It was stated that I know I got to be right now cause I cant much wronged, in order to express all of his mistakes and to prove that he has faced nearly all challenges in life, now he knows what will definitely happen and how to solve his problems. These challenges that he has faced made him strong enough to prove to the world that he is now able to defeat these new challenges. Foreshadowing is used here in order to prove that he does not know what will happen, though he does feel ready enough to take on whatever it may be. Gay using foreshadowing, we can identify the problems that will occur in our lives now due to the choices we make. If we can figure out our needs for the future, we would be a lot better prepared in life and make better choices. By Kenya West saying that he cannot get any ore wrong, he wants us to know that all of us have a motivation after we have all been through hardships. In a recent medical study in Buffalo, New York, scientists may have found cure for Cancer. This drug retrains a persons immune cells to fight cancer. This statement by a Channel 7 News reporter clearly relates to the theme of overcoming the hardships of an individual due to its medical research that can aid the health of cancer patients. This will thwart 1 1 cancer and keep it controlled and keeps it from spreading. Just as in the song that that dont ski e, can only make me stronger. Cancer is a very serious virus that has bee incurable for years. This disease had only been treatable to patients who ha the disease. Now with this advancement, many lives will be saved and there will be many more complications that can be figured out. The overcoming of hardships of man and using them to prep the rest of their life is irradiated throughout Okay West song stronger. As I analyze certain songs, I realized that many of the challenges that an individual make their gallant 13 efforts will always help them break free of challenges. This WI eventually make the challenges of an individual a lot less hard. The individual who learn from their mistakes will also learn from others mistakes. This would lead into an endless chain of overcoming what is right and what is wrong. If an ambiguous event occurred in your life, would you be consciously enough to face that challenge and get through it? As people grow older, they seem to question many things in life including their inner conscience. As the Metal band Megawatt states in their song entitled Sweating Bullets, the main character questions himself and has a lull conversation about what happened in his life. As he tries to expose whale he has really been through he states Hello me Meet the real me, in order to tell himself that what he shows on the outside only covers up what he really is on the inside which is My misfits way of life. When he states meet the real me, the word me hes actually comparing two versions of himself. He calls himself a misfit in order to show that how his conscience is immature, undeveloped, and troubled. Though, when he says me the first time, he is trying to explain who people see him as.

Analyzing the Flesh and the Spirit by Anne Bradstreet

Analyzing the Flesh and the Spirit by Anne Bradstreet Five Literary Criticisms Throughout history, there have been many religious faiths and practices that aim the same goal in different ways. One of them was Puritanism and the Puritan believed that the best way to gain admission to heaven was to focus on how sinful they were. Anne Bradstreet was the first Puritan figure in American Literature and in her poem titled The Flesh and the Spirit, she discussed Puritan practices. This essay will analyses the poem with 5 literary criticisms, including Marxist Criticism, Feminist Criticism, New Criticism, Reader-response Criticism, and Psychoanalytic Criticism. Starting with the Marxist Criticism, we need to look at the era’s economic conditions first. Anne Bradstreet lived in the Massachusetts Bay Colony and the colony was highly dependent on the import of staples from England. The Puritan dislike of ostentation led the colony to also regulate expenditures on what it perceived as luxury items. Items of personal adornment were f rowned upon. In the poem, we see two characters discussing what kind of life people should have. The sister named Flesh tries to explain to her sister named Spirit that the World has everything that could keep them happy and content. Flesh’s this kind of approach to the earthly goods is totally against Puritan believes. As the colony Bradstreet lived in already frowned upon luxury items, the sister Spirit says, †My Crown not Diamonds, Pearls, and gold, / But such as Angels’ heads infold.† Here, she means that she doesn’t have a materialist personality. The poet, Bradstreet, reflects her colony’s world-view for the economic matters in those lines. When we try to analyze this poem using the Feminist Criticism, we simply need to ask some questions regarding to poet’s sex, education, and then look at the characters. The poet was a woman. And when we read her biography, we see that she didn’t attend any school but was educated by hi s father. This informs us that she lived in a male-dominant society because girls didn’t attend school even if her father was a steward. The characters in the poem are also girls and they discuss religious matters. Here, the author breaks the male-dominant society and makes her female characters question the religious matters, especially the Puritanism. When the subject is religion, one shouldn’t even question the most unimportant thing. But the sister Flesh questions it and all she says is totally against the Puritanism seen in the poet’s colony. Since the poet herself is a woman, we can assume that a woman discusses a religious practice in a male-dominant society. Analyzing a poem with New Criticism requires a person not to take background information of the poet, poet’s other works or the story in the poem into consideration. When we read what Spirit says about earthly goods and how she criticizes what Flesh claims that people need to enjoy them, we can understand that this poem reflects the Puritan beliefs. Words used in the poem belong to the English spoken at least 350 years ago. Metaphors were also used in the poem. The character Flesh is a metaphor for earthly items, such as diamonds, pearls, and gold. The poem is not also in a stanza form. It looks like a wall of text. This means that the poet didn’t want to separate what is wanted to mean. It means that the poem is all about the same thing. Rhymes used in the poem also makes it sound better and that way it attracts readers’ attention. When I try to analyze this poem as a reader with the Reader-response Criticism, I can directly say that this poem is about Puritanism; therefore, religion. Since Spirit seems to be more dominant in the poem, the poet’s environment is a Puritan society. I’d say this poem is not different than other religious poems because they all aim one goal: Heaven. It is the way they discuss what to do in order to go to Heav en. Flesh seems to be a sinner character whom readers should avoid. I don’t know whether it’s okay to blame a character to praise a religion or religious practice, but this kind of behavior would make me more uninterested in that religion or practice. As the verses say, †No Candle there, nor yet Torch light, / For there shall be no darksome night.† they just sound to be impressive sentences that attract people to that religion – no different than that of all religions have. To analyze this poem with the Psychoanalytic Criticism, we need to analyze the characters’ thoughts, their fears, and what they do to suppress their fears.   When we look at what Spirit says in the poem, we can understand that her core issue is fear of God; thus, she adopted the Puritan beliefs in order to go to Heaven. On the other hand, Flesh is just opposite of Spirit. She displays everything that is against fear of God. This can also be interpreted to be an avoidanc e as her defense mechanism, since she tries to avoid any religious thoughts and want to enjoy all earthly pleasures. To sum up, this essay tried to analyze the poem titled The Flesh and the Spirit by Anne Bradstreet with 5 literary criticisms. With the Marxist Criticism, we looked at the era’s economic conditions and tried to reflect Bradstreet’s colony’s world-view for the economic matters in her poem’s verses. Using the Feminist Criticism, we tried to explain how Bradstreet broke the man-dominated society and used her female characters to discuss religious matters. With New Criticism, we tried to show figures of speech and what the poem’s form means. Reader-response Criticism was used to explain what the author of this paper understood from the poem. And finally, with the Psychoanalytic Criticism, we tried to identify characters’ core issues and their defense mechanisms.

The Profiling Essay Example | Topics and Well Written Essays - 500 words

The Profiling - Essay Example PrÐ µjudicÐ µ is a prÐ µmaturÐ µ judgmÐ µnt, no mattÐ µr what thÐ µ contÐ µxt. Body Many think of stÐ µrÐ µotyping as a stratÐ µgy pÐ µoplÐ µ usÐ µ to gÐ µnÐ µralizÐ µ a group of pÐ µoplÐ µ whÐ µn thÐ µy do not havÐ µ communication with or accuratÐ µ information about thÐ µ stÐ µrÐ µotypÐ µd group, for whatÐ µvÐ µr rÐ µason. It is my opinion that profiling would not Ð µxist without stÐ µrÐ µotyping, and that by combating stÐ µrÐ µotyping as a sort of lÐ µast common factor for which morÐ µ Ð µffÐ µctivÐ µ mÐ µans of communication can bÐ µ Ð µstablishÐ µd, pÐ µoplÐ µ will also bÐ µ Ð µngagÐ µd in combating a grÐ µatÐ µr sÐ µnsÐ µ of prÐ µjudicÐ µ. WÐ µ cannot paint all pÐ µoplÐ µ with thÐ µ samÐ µ brush. â€Å"What about thosÐ µ non-Arab, non-South Asians without black or brown skins who arÐ µ bombing apartmÐ µnt buildings, train stations and thÐ µatÐ µrs in Russia. ThÐ µy'vÐ µ takÐ µn down passÐ µngÐ µr jÐ µts, hi jackÐ µd schools and usÐ µd fÐ µmalÐ µ suicidÐ µ bombÐ µrs to a farÐ µ-thÐ µÃ µ-wÐ µll, killing hundrÐ µds and wounding thousands† (King, 2011). In thÐ µ US and UK, pÐ µoplÐ µ havÐ µ sÐ µÃ µn this sort of bigotry Ð µvÐ µr sincÐ µ 9/11, bÐ µing displayÐ µd towards Arabs.

Sociology Research Paper Example | Topics and Well Written Essays - 250 words - 4

Sociology - Research Paper Example History can show the dangers of ethnocentrism. The Third Reich is an extreme example of ethnocentrism. Hitler felt the way to protect his Aryan race was to kill inferior races. The genocide in Rwanda committed by the Hutus against the Tutsis is another extreme example of ethnocentrism. Slavery was a form of ethnocentrism. Today examples of ethnocentrism are white supremacist and radical Islam. These groups are at war with all other cultures. In order to protect their superior culture, ethnocentrism believers fight all other groups. The dangers of ethnocentrism are the reasons for social integration. Due to modern technology, war, and population growth, the world is shrinking. Large chunks of one culture or people are becoming less common. Unless living in an isolated location, where one never leaves and others do not visit, individuals will encounter different cultures during their lifespan. Especially in America, where many cultures live, work, and make up communities, the need for social integration is essential. More social integration will lessen the violence, discrimination, and verbal aggression between cultures. The less violence in between races will help communities to get along and reduce hate

Research Proposal Letter Essay Example | Topics and Well Written Essays - 500 words

Research Proposal Letter - Essay Example However, the number of local curbside recycling programs has also increased from 8,875 in 2002 to over 9,000 today, which has led to a 8 million ton reduction in MSW. This indicates that recycling schemes are effective in reducing disposal rates. However, in 2009 only 82 million tons of this total waste was composted or recycled (33.8%). Baksi and Long (2009) therefore claim that effective waste management strategies are crucial if the US government is to: reduce the amount of household waste being disposed of in land fill sites promote the conservation of natural resources though reducing use of virgin materials increase the amount of household waste being recycled maintain public support decrease the levels of environmental damage caused by landfill sites I therefore believe that recycling issues need to gain serious priority on the government’s agenda and I recommend introducing disposal fees such as ‘unit based pricing systems’ for financing residential trash collection. This is because at the moment many households have zero economic incentive to recycle because they pay for their waste collection and disposal services through general taxation and a fixed rate, thereby undervaluing the price of waste disposal.

General Functions of Management As They Related To Project Management Essay - 9

General Functions of Management As They Related To Project Management - Essay Example The researcher states that the management is involved in the project planning which includes listing all the project activities and tasks including the time taken and the relationships between the tasks. Project management can be defined the discipline which is involved in planning, organizing, leading and controlling resources in the achievement of specific goals. Project management steps include planning, organizing, project initiation, project monitoring and control and the project closure. Project managers are concerned by the project constraints which include people, time and money resource constraints. The general functions of management are applied in the successful management of projects. The management should be involved in the planning phase by establishing project plans of action which are either short term, medium term or long term. Project management also involves organization of the project resources mainly the human resources. Project manager assigns the roles and resp onsibilities to different personnel involved in the project and also delegate the authority. Just like general management, project managers have a leading function whereby they are supposed to motivate, coordinate and communicate with the project employees to ensure the project goals are achieved effectively. Project managers also control the project progress by reviewing and monitoring the project progress against the project plans and taking the necessary corrective action where deviations exist. Some of the main concerns of management include identification of the stakeholder interests and expected outcomes since numerous users of the project have different needs. Another main concern of the management is the project constraints. The main constraints include time, finances and scope hence altering one constrain will impact on the rest. If the project manager reduces the completion time, additional resources will be required to meet the new project schedule.

The Hunger Games Essay Example | Topics and Well Written Essays - 1000 words - 1

The Hunger Games - Essay Example The author has been able to portray a wonderful story of love, hate, well as unity and the guts to have fighting instincts and patience within an individual; all the qualities that help him assist his own family in surviving in the modern day as well. The trilogy incorporates three major themes, including independence, government control, and survival, to illustrate the post-apocalyptic world that lacks the foundation of the society. The Hunger Games is an excellent novel about the lives of those that have been forced to participate in the survival of the fittest. Every district must sacrifice one young boy or girl who can fight for them and help them win repute for themselves. The story revolves around the life of Katniss, a braveheart, desperately trying to seek her identity along with doing her best to survive in the hunger games. Along with her mother and sister Prim, Katniss Everdeen lives in the twelfth district of Panem, and fights every single day in order to bring a square m eal home to feed her family. She is a tough woman, with the mind and heart of a valiant man, but the emotions and feelings of a woman. On an annual basis an individual is selected from each district in order to participate in the Hunger Games; a pursuit for survival. Unfortunately for Katniss, her sister Prim gets selected, forcing her to take her place instead in order to protect her. In many ways thus, Katniss is like the man of the family, taking care of the pack, and feeding them in order to help them grow and develop day by day. Soon as she enters the Games, she meets with Peeta from another district, a young man whom she helps to survive. She teaches him all that she knows and develops intimate relations with him over time. As her feelings for him grow, she finds that survival does not only include satisfying hunger and clothing oneself, but also helping oneself mature by understanding emotions and feelings. The characters within the story itself are very compelling; they prov ide for a gripping novel which leaves the reader from doing nothing but turning the pages. Innumerable instances have been provided within the book which talk about the stability of the region that they were living in, and how the thought process of the characters participating in the games are affected by the harsh ruling over the Capitol. Katniss is a strong young woman and provides for her family; she has accepted her fate at birth and tries her best to assist them in living a substantiate lifestyle. This is clear when she says, â€Å"It was slow-going at first, but I was determined to feed us. I stole eggs from nests, caught fish in nets, sometimes managed to shoot a squirrel or rabbit for stew, and gathered the various plants that sprung up beneath my feet. Plants are tricky. Many are edible, but one false mouthful and you're dead. I checked and double-checked the plants I harvested with my father's pictures. I kept us alive.†Ã‚  (Collins, Suzanne 4.19) She has truly bee n portrayed as the rock of her family, helping to send out a moral message to all young women about their inner strength and conduct towards society and family. Despite this however, the main theme that the novel revolves around is survival of the fittest; this means that every individual needs to keep that fighting spirit alive within them in order to rebel against the imposition of oppression of the Capitol. The main purpose of the Games was to ensure that a lot of hostility erupted among

Research Proposal Letter Essay Example | Topics and Well Written Essays - 500 words

Research Proposal Letter - Essay Example However, the number of local curbside recycling programs has also increased from 8,875 in 2002 to over 9,000 today, which has led to a 8 million ton reduction in MSW. This indicates that recycling schemes are effective in reducing disposal rates. However, in 2009 only 82 million tons of this total waste was composted or recycled (33.8%). Baksi and Long (2009) therefore claim that effective waste management strategies are crucial if the US government is to: reduce the amount of household waste being disposed of in land fill sites promote the conservation of natural resources though reducing use of virgin materials increase the amount of household waste being recycled maintain public support decrease the levels of environmental damage caused by landfill sites I therefore believe that recycling issues need to gain serious priority on the government’s agenda and I recommend introducing disposal fees such as ‘unit based pricing systems’ for financing residential trash collection. This is because at the moment many households have zero economic incentive to recycle because they pay for their waste collection and disposal services through general taxation and a fixed rate, thereby undervaluing the price of waste disposal.

The Hunger Games Essay Example | Topics and Well Written Essays - 1000 words - 1

The Hunger Games - Essay Example The author has been able to portray a wonderful story of love, hate, well as unity and the guts to have fighting instincts and patience within an individual; all the qualities that help him assist his own family in surviving in the modern day as well. The trilogy incorporates three major themes, including independence, government control, and survival, to illustrate the post-apocalyptic world that lacks the foundation of the society. The Hunger Games is an excellent novel about the lives of those that have been forced to participate in the survival of the fittest. Every district must sacrifice one young boy or girl who can fight for them and help them win repute for themselves. The story revolves around the life of Katniss, a braveheart, desperately trying to seek her identity along with doing her best to survive in the hunger games. Along with her mother and sister Prim, Katniss Everdeen lives in the twelfth district of Panem, and fights every single day in order to bring a square m eal home to feed her family. She is a tough woman, with the mind and heart of a valiant man, but the emotions and feelings of a woman. On an annual basis an individual is selected from each district in order to participate in the Hunger Games; a pursuit for survival. Unfortunately for Katniss, her sister Prim gets selected, forcing her to take her place instead in order to protect her. In many ways thus, Katniss is like the man of the family, taking care of the pack, and feeding them in order to help them grow and develop day by day. Soon as she enters the Games, she meets with Peeta from another district, a young man whom she helps to survive. She teaches him all that she knows and develops intimate relations with him over time. As her feelings for him grow, she finds that survival does not only include satisfying hunger and clothing oneself, but also helping oneself mature by understanding emotions and feelings. The characters within the story itself are very compelling; they prov ide for a gripping novel which leaves the reader from doing nothing but turning the pages. Innumerable instances have been provided within the book which talk about the stability of the region that they were living in, and how the thought process of the characters participating in the games are affected by the harsh ruling over the Capitol. Katniss is a strong young woman and provides for her family; she has accepted her fate at birth and tries her best to assist them in living a substantiate lifestyle. This is clear when she says, â€Å"It was slow-going at first, but I was determined to feed us. I stole eggs from nests, caught fish in nets, sometimes managed to shoot a squirrel or rabbit for stew, and gathered the various plants that sprung up beneath my feet. Plants are tricky. Many are edible, but one false mouthful and you're dead. I checked and double-checked the plants I harvested with my father's pictures. I kept us alive.†Ã‚  (Collins, Suzanne 4.19) She has truly bee n portrayed as the rock of her family, helping to send out a moral message to all young women about their inner strength and conduct towards society and family. Despite this however, the main theme that the novel revolves around is survival of the fittest; this means that every individual needs to keep that fighting spirit alive within them in order to rebel against the imposition of oppression of the Capitol. The main purpose of the Games was to ensure that a lot of hostility erupted among

The Legalization of Physician Assisted Suicide Essay Example for Free

The Legalization of Physician Assisted Suicide Essay The Legalization of Physician Assisted Suicide Of all the controversial topics to I could have chosen to discuss, the topic of physician assisted death is one that seems to be very taboo, even to date. Oregon is the only state to successfully pass a bill legalizing the practice; this bill is called the Death With Dignity Act (DWDA). Some may confuse physician-assisted death with euthanasia, yet they are two completely different acts. Euthanasia requires a physician, or other entity, to administer a deadly concoction; physician-assisted death is at the request of a terminally ill patient, the doctor provides a prescription of lethal medication which the patient takes of their own free will when they decide the time has come. The legalization of physician-assisted suicide will open up just one more option for patients suffering from terminal illnesses and allow them to die with a little dignity. Terminally ill patients don’t have a lot of options, most suffer greatly on a day-to-day basis. The addition of just one more option to such a short list can do a lot to psychologically comfort a patient. In his essay â€Å"Physician-Assisted Death in the United States: Are the Existing Last Resorts Enough?† Timothy E. Quill outlines several aspects of physician-assisted death, specifically the fact that terminally ill patients need as many options as they can get. Terminally ill patients suffer a great deal; they know that eventually they will die. He states that there are â€Å"several ‘last resort’ options, including aggressive pain management, foregoing life-sustaining therapies, voluntarily stopping eating and drinking, and sedation to unconsciousness [†¦]† (17-22). Some of the suggested last-resort methods seem to be no better than physician-assisted suicide. Take, for example, the method of voluntarily stopping eating and drinking (VSED); for a patient, who is already suffering from the chronic pain of illness, is it fair to ask them to add the suffering of voluntary hunger and dehydration? Sedation to unconsciousness seems to be no better of a solution; the patient is put into a comatose state until they eventually die. This solution seems to ease the suffering of the patient, yet extend the suffering of the family. Aside from VSED and sedation, to forgo life-sustaining therapies seems to be no better. If a pati ent is currently undergoing palliative care to treat symptoms that are causing them to suffer, why stop the treatment and increase the suffering rather than end  the suffering once and for all? Quill goes on to discuss the fact that the choices available to a terminally ill patient are so few that there should be no harm in adding just one more to the very short list. For example, Quill states that â€Å"some patients will need a way out, and arbitrarily withholding one important option from patients whose options are so limited seems unfair† (17-22). Quill makes the point that a patient suffering from a terminal illness will want a way out; not necessarily a way out of life, but a way out of the suffering. There are very few options for someone with chronic suffering, as relief is difficult to come by for someone who is dying. Physician-assisted suicide is just one of these options, and it’s an option that should not be overlooked. In addition, Quill goes further to state that the option of physician-assisted suicide is only an option, just one choice a patient can make about their own health care. â€Å"Most patients will be reassured by the possibility of an escape, and the vast majority will never need to activate that possibility† (17-22). This is a very powerful quote, as it brings forth the point of legalizing physician -assisted suicide doesn’t mean that the act will result in a large amount of deaths. The legalization of the act will simply add one more possibility to the list of last-resorts available to a patient. The quote also goes as far as to say that the vast majority of patients will simply be reassured that, should all other options be exhausted, there is still the possibility of a final escape; never actually needing to use it, should palliative care and hospice suffice in controlling the symptoms of suffering. With the examples provided, we can see that the need for legalizing physician-assisted death is important for patients who suffer from day today. Opening just one more option, when there are so few to choose from, will give the patients a sense of reassurance that they can still have control over their lives. Physician-assisted death is intended as a last resort option; denying the patient a final escape, when all other options have been exhausted, is unfair. Now that we’ve established that a terminally ill patient will benefit from knowing that they have the option of a final escape, let’s talk about why a patient would resort to using physician-assisted suicide. Among the most sensible reasons to end one’s life, the thought of an end to suffering comes to mind. However, we already know that end-of-life palliative care is put into place in order to help  ease the suffering and pain of a terminal illness. This is true, but when is too much? Going back to Timothy Quill, he states that â€Å"there will always be a small percentage of cases where suffering sometimes becomes unacceptably severe [†¦]† (17-22). While suffering is a constant, there are several degrees of suffering; sometimes this suffering can be easily controlled with palliative care and aggressive pain management. However, Quill notes that there are times where the suffering cannot be easily controlled, and there comes a point when it becomes simply unacceptable. When suffering reaches this point, it is time for a patient to start thinking about last resort options; looking for a way to end the suffering. A patient living with terminal cancer is, without a doub t, suffering. Palliative care and hospice care are programs put into place with no intent other than to alleviate the suffering. In her essay â€Å"Euthanasia and Assisted Suicide: There is an Alternative†, Sylvia Dianne Ledger describes suffering as such, â€Å"It occurs when a person perceives the impending destruction of themselves, and it is associated with a loss of hope† (81-94). This description of human suffering is excellent when trying to advocate an end to said suffering. Ledger states that a person suffers when they sense their own destruction, when they realize that their end is near. Facing one’s own mortality is not an easy thing to do. The thought of being unable to stop your own demise can, indeed, cause great suffering. Ledger goes as far as to say that this realization of one’s own mortality is associated with a loss of hope, a sense of despair. Along with a loss of hope, there are several reasons why a patient would choose physician-assisted suicide as a last resort option. In an article titled â€Å"The Case for Physician-Assisted Suicide: How can it Possibly be Proven?† from the Journal of Medical Ethics, E Dahl and N Levy report that, according to Oregon’s Death With Dignity Act, â€Å"the most frequently reported reasons for choosing physician-assisted death under the DWDA are ‘loss of autonomy’, ‘loss of dignity’, and ‘loss of the ability to enjoy the activities that make life worth living’† (335-338). This report notes that the top reasons for a patient to choose physician-assisted suicide as the final option don’t even include an escape from the physical pain. Being terminally ill makes life simply un-enjoyable. The number one reason given for physician-assisted death is a loss of autonomy. To lose the ability to have  control over one’s life can be psychologically devastating. The loss of dignity and the ability to enjoy life came in closely behind to round out the top three reasons for wanting death as a final escape. When palliative care doesn’t sufficiently ease the pain experienced on a daily basis, last-resort options should be made available to a patient. When chronic pain and illness take away one’s ability to enjoy life, take away one’s dignity, and take away the human right of autonomy, an option to end the suffering once and for all should be made available. Even the sick deserve to maintain some semblance of their former selves and die with a little dignity. Those who are against physician-assisted suicide have a valid argument, there are always options to ease suffering and control symptoms. Both hospice and palliative care are viable options in the case of terminally ill patients. While discussing alternative options to physician-assisted suicide and euthanasia, Sylvia Dianne Ledger discusses how far end-of-life care programs have come in helping the terminally ill cope with their disease. She notes that â€Å"with the rise of the hospice movement and the availability of its knowledge and experience in the control of distressing symptoms in terminal disease, there is no longer any real indication for euthanasia† (81-94). Ledger notes that both forms of end-of-life care have improved greatly over the years, becoming more and more viable when considering end-of-life options. She notes that they have improved in ease of access, becoming more available to patients through reimbursement programs due their growing popularity. Hospice and palliative care are not only more easily accessible to patients with a need for end-of-life treatment, but their mode of delivery has become more efficient; nurses can now come to nursing homes, hospitals, even patient homes, in order to provide care specific to each patient’s needs. While these programs continue to improve the quality of care they provide, Ledger notes that they also remain a standard among end-of-life care programs and that their implementation leave no room for more drastic options. With such wonderful programs in place and so easily accessible, E. Dahl and N. Levy note that the topic of physician-assisted suicide can actually lead into a discussion about other end-of-life options. They state that â€Å"a request for a  prescription can be an opportunity for a medical provider to explore with patients their fears and wishes around end of life care, and to make  patients aware of other options† (335-338). This means that when a patient believes that their suffering requires a more direct and aggressive action, perhaps suicide shouldn’t be the first option. For a patient to request aid in dying opens up the chance to discuss other options for end of life care. These options are, more often than not, palliative and hospice care. A patient has access to medication to control pain as well as a wide variety of other symptoms. Only after discussing these options should a patient consider ending their life. While discussing how talks about physician-assisted suicide have shed a new light on the palliative care option, Wesley J. Smith addresses the ideas of suicide among patients who are currently enrolled in such programs. He states that â€Å"[†¦] suicide prevention, when needed, is an essential part of the package, crucial to fulfilling a hospice’s call to value the lives and intrinsic dignity of each patient until the moment of natural death† (85-86). The argument with this phrase is that hospice care programs are aware of the suffering, and realize that patients who are already enrolled in their programs are possibly contemplating an end to their lives. He notes that suicide prevention is actually one of the many services offered by hospice programs. This service is offered because the idea of a hospice is to make a patient as comfortable as possible before their lives end of natural causes. He continues by saying that suicide prevention is crucial to maintaining the values of hospice care: to value the life and basic dignities of patients enrolled in their programs. There are several wonderful arguments for why patients should choose a long (or short) term care program over suicide, these programs are set up to control pain and other symptoms. These programs have improved greatly over the last several years, and are now able to provide better care; reimbursement programs have also become available, as both hospice and palliative care have become a very widely accepted form of last-resort treatments among the terminally ill. While end-of-life care programs are excellent, and offer relief from many of the symptoms affecting patients, these programs seem to do little to overcome the underlying issues causing a patient to desire a final escape. The biggest issue with the ever-expanding hospice and palliative care programs is a lack of manpower. Timothy Quill addresses this issue when discussing last resort options. He states that â€Å"there remain serious challenges. There are not enough skilled  palliative care clinicians to meet the growing needs [†¦]† (17-22). This is definitely a problem with the end-of-life programs which are growing rapidly. With programs such as Medicaid who are willing to reimburse patients who truly need palliative care, many more patients who are actively dying will be enrolling in these programs. If these programs are not fully prepared and staffed to meet their growing clientele, there won’t be enough nurses available to treat patients. Quill goes on to state that even if a patient is fully educated on palliative care options, enrolled, and being treated by a nurse, this may not be a reason to rule out the final escape. He notes that â€Å"all last resort options, including physician-assisted death, make sense only if excellent palliative care is already being provided† (17-22). This argument directly refutes the opposition’s view that hospice and palliative care are acceptable altern atives to physician-assisted-death. He states that the last resort options only become acceptable if all other options have been exhausted. Once a patient has enrolled in hospice care and an aggressive pain management system has been implemented, what if they continue to suffer. At this point, once palliative care has failed to control the suffering, physician-assisted death is an option that should be considered. When discussing how physician-assisted suicide has corrupted palliative care programs, Wesley J. Smith provides data which further refutes the opposition’s claim. He states that â€Å"according to the state, approximately 86 percent of people who died by swallowing poisonous overdoses under the Oregon law were receiving hospice care at the time they committed suicide† (85-86). It’s clear that the alternative to physician-assisted suicide is not doing a well-enough job of keeping patients’ suffering to a minimum. In Oregon, where physician-assisted death is legal, a vast majority of patients who take advantage of this option have already tried the alternatives. Hospice care may work, for a time, but if the suffering continues while the patient is receiving treatment to control the symptoms, there is still one option left. Through these examples it can be seen that, while hospice and palliative care are programs that are designed to control symptoms and comfort a patient in their last moments, they can’t be the absolute answer. Pain is not the only thing causing patients to suffer. A terminally ill patient who has little control over what is left of their time deserve to maintain their dignity in death;  legalizing physician-assisted suicide will give patients one last moment of control over their lives. A patient doesn’t have a lot of options when the prognosis is death, and the options on the list aren’t necessarily the best. When suggestions such as voluntarily stopping eating and drinking, or sedation into permanent unconsciousness are suggested, it seems almost unfair to deny a patient the option of a final, absolute escape. While hospice and palliative care have a come a long way, and are indeed viable programs for symptom management, there are still aspects of suffering that they cannot control. Pain is just symptom of a terminally patient. Reports of loss of autonomy, loss of dignity, and an inability to enjoy life seem to be at the top of the list when patients begin discussing the desire for death. While the arguments against physician-assisted death hold weight, and make good points, the fact remains that denying someone one last option to control their life is unfair. When someone has lost the ability to enjoy life, lost the sense of control over their own destiny, the availability of a final escape is comforting. Physician-assisted death should be legalized, in order to provide patients just one more option on a list that is so incredibly short. The simple availability of this option should, at the very least, comfort patients if they know that they have a final resort should all other possibilities be exhausted. Works Cited Dahl, E. and Levy, N. â€Å"The Case for Physician Assisted Suicide: How Can It Possibly Be Proven?† Journal of Medical Ethics 32.6 (2006): 335-338. ProQuest Research Library. 10 Apr 2012 Ledger, Sylvia Dianne. â€Å"Euthanasia and Assisted Suicide: There is an Alternative.† Ethics Medicine 23.2 (2007): 81-94. ProQuest Research Library. 10 Apr 2012. Smith, Wesley J. â€Å"Assisted Suicide and the Corruption of Palliative Care.† Human Life Review 34.2 (2008): 85-86. ProQuest Research Library. 12 Apr 2012 Quill, Timothy E. â€Å"Physician-Assisted Death in the United States: Are the Existing ‘Last Resorts’ Enough?† The Hasting Center Report 38.5 (2008): 17-22. JSTOR. 10 Apr 2012

Influences of American Antitrust Principles on Golf

Influences of American Antitrust Principles on Golf Are the Rules of Golf in violation of Antitrust Law? Abstract: Today, the two regulatory bodies for golf, the United States Golf Association (USGA) and the Royal and Ancient Golf Club of St. Andrews (RA) establish the technical specifications for golf equipment. Indeed all major sports would have some regulatory body undertaking the same activity. The purpose of this paper is to analyse the extent to which American antitrust principles will influence the application of Australian antitrust (or competition law) canons to the Rules of Golf. In Australia, the rules promulgated by the regulatory bodies are adopted through its national association, Golf Australia, upon a delegation from the Royal and Ancient Golf Club of St. Andrews. The issues specifically raised are whether regulation of golf equipment improperly excludes innovative products from reaching the market place (ss45/4D of the Trade Practices Act 1974 (Aus) with this provision somewhat equivalent to  §1 of the Sherman Act 1890 (US)), and second, whether the golf regulators are unfairl y exercising market power (s46 Trade Practices Act 1974 (Aus) this section broadly parallels  §2 of the Sherman Act 1890 (US)). With precedential case law emanating from the United States, it is possible, if not probable, that a manufacturer (be they Australian or international) may look to the Australian courts as a medium by which their innovative and ground-breaking product can reach the hands of avid golfers. This article examines the United States litigation and applies it to the above-mentioned competition law principles. It has particular relevance to a United States audience given that American manufacturers dominate the retail market for golf clubs in Australia. A framework will be presented against which sporting equipment regulators can test the validity of their rules regarding equipment restrictions. Whilst golf will be the background for this critique, the analysis is equally relevant for any sport (if not all), which contain such limitations. Introduction There is no doubting the importance of sport to the human psyche. From an Australian perspective it is an inherent part of the Australian persona, developed as part of our culture. Whether it is our wealth, weather, availability of land or some other reason, many Australians participate in any number of outdoor and indoor recreational pursuits that come within the broad rubric of sports. As one of the most prominent activities, golf occupies a specific niche in the Australian community. With approximately 1.139ml (or 8% of the population) playing, the related employment of 20,000 people, club revenues of $1.1bn, 30ml rounds played annually, at least 20 male players on the United States Professional Tour and the number nine ranked female player in the world (Karrie Webb), Australia is rightfully positioned as the worlds number two golfing nation, behind only the United States of America. However, for every golfer frustrated with a short game that begins off the tee, a putter that uncomfortably yips at impact, or a ball that doesnt respect the modern mantra of mental visualisation, a lingering question remains, to what extent do the technology restrictions imposed by the regulators of golf actually protect the fundamental values that lie behind the game? Perhaps more specifically, do the contemporary developments such as the conformance test for the ‘spring-like effect off clubheads, or the limitations on the distance that a ball can travel serve to protect the skill level of the game, or simply restrict competition amongst innovative manufacturers whilst at the same time exasperating the legion of players in the game. Has tradition been preserved at the expense of progress? Development and growth in sporting equipment is about innovation, (if not in society), and on a simplistic level restrictions prevent competition amongst companies who must create to sell th eir product to the consumer. Subject to normal use, golf clubs will last for many years if not decades. To purchase new equipment, the golfer needs to be convinced that the latest contrivance (such as the redirection of the weight in the head of the club; the redesigning of the geometry of the dimples on the golf ball, or the adjustability of the shaft), will see that golfer move imperceptibly closer to the utopian ideal of swing perfection. But the question remains how can a conventional competition law analysis allow sporting administrators the opportunity to engage the game and its participants with its fundamental values, or does sport (as a fundamental part of Australian society) simply need to mend its way to fit within the competition law ideals promulgated and promoted by governments of all persuasions. United States Litigation The genesis for present day litigation has been the United States of America. In a golfing context, two cases dramatically highlight the antitrust implications of the Rules of Golf: Weight-Rite Golf Corp v United States Golf Association and Gilder v PGA Tour Inc. Weight-Rite Golf Corp v United States Golf Association concerned an action brought by a manufacturer and distributor of (among other things) a particular golf shoe. The plaintiff had designed a golf shoe to promote stability and appropriate weight transference in the swing. The USGA issued a determination banning the shoe alleging that it did not conform to the USGAs Rules of Golf. However, Weight Rite argued that the USGA determination amounted to a group boycott or concerted refusal to deal. In the United States, this is per se unlawful under the Sherman Act (in Australia this would be per se illegal under s45 of the Trade Practices Act 1973), no lessening of competition need be established. As noted by the Court these types of practices are: â€Å"agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use†. However, in addition, Weight Rite submitted that even if the per se rule was not applicable, the USGAs action violated the rule of reason, that is, its actions lessened competition. Weight Rite was unsuccessful. The USGA had not violated any procedural fairness requirements nor had an unreasonable restraint of trade occurred. The court found that the USGA had an established procedure for the verification of new equipment, whereby golf equipment manufacturers may, prior to marketing a product, obtain a ruling from the USGA as to whether the product conforms to the Rules of Golf. Given that Weight Rite had not availed itself of this procedure, despite notification to do so from the USGA, injunctive relief was not available to the plaintiff. Gilder v PGA Tour Inc Gilder v PGA Tour Inc concerned, at the time, the most popular selling golf club in the world, the ‘Ping Eye 2. This club was developed following an amendment in 1984 whereby the United States Golf Association had permitted the manufacture of clubs containing grooves that were in the shape of a U (as opposed to a V) this rule change coming about because of technical improvements in the way clubs were manufactured, rather than manufacturers seeking to gain an innovative advancement to their clubs. This contrasted with earlier clubs where the grooves were all the shape of a V- a diagrammatic representation from Figure XI of the current rules of golf shown below. In 1985 a number of players complained that the U-grooves had detracted from the skill of the game. The specific allegation was that U-grooves imparted more spin on the golf ball, particularly when hitting from the rough. The USGA conducted further tests and whilst they considered that more spin was added to the golf ball by the U-grooves, not enough information was available to ban clubs with this type of face pattern. However, the USGA did amend how it would measure the spaces between the grooves (the so-called groove to land ratio) and this had the effect of banning the ‘Ping-Eye 2 with this rule applying to all USGA tournaments from 1990. Gilder and seven other professionals, funded by the manufacturer of the ‘Ping-Eye 2 (Karsten Manufacturing Corporation), began proceedings against the PGA (the administrative body for professional golf tournaments in the United States of America) for adopting the rule that led to the banning of the club. They alleged that the actions of the PGA and its directors violated  §1 and  §2 of the Sherman Act and Arizona antitrust laws. To support its case, Karsten presented, in the United States Court of Appeal, economic evidence that there had been no negative impact for the PGA Tour by professionals using the ‘Ping-Eye 2. This included a quantitative study that the percentage of money won by players using the golf club was less than the percentage of players not using the club. Furthermore, there was no proof that Ping golf clubs led to a greater number of players getting their balls to the green in less than regulation. The evidence of the professionals was as expected that changing clubs would adversely hurt their game, with this impacting on prize money won and endorsement income. By contrast, the PGA considered that success for Karsten would irreparably damage its standing as the governing body. If their reputation were diminished, it would then have difficulty formulating rules for the conduct of tournaments under its control. However, the Court in comparing the harm done to the manufacturer and the p layer, as against the PGA Tour found in favour of the manufacturer. The damage done to the prestige and reputation of the PGA paled in comparison with the financial harm to the players and Karsten. An injunction was granted preventing the ban of the club going ahead and with this in mind, both the USGA and the PGA settled the outstanding litigation with Karsten. This saw Karsten acknowledging the USGA as the principal rule making body, the PGA as the administrative organisation in charge of tournaments with an independent equipment advisory committee established to oversee the introduction of innovations. Both sides claimed victory the USGA and PGA retained their positions as the authoritative rule-setters for golf and tournament play, the manufacturer and players able to continue to use the ‘Ping-Eye 2. With this background in mind, this paper will consider the application of Australian competition (or antitrust) law to the restrictions presently imposed by the regulators within the current Rules of Golf. Are these restrictions hampering competition in the market place and serving to dampen the innovative market in golf clubs. Do they prevent ground-breaking products from entering the competitive fray, and will the deference shown to the sporting regulators in the United States (with Gilder v PGA Tour the exception rather than the rule), be followed if Australian litigation was to occur? Specifically, within the Australian context, does ss45/4D (broadly similar to  §1 of the Sherman Act 1890 (US)) and s46 of the Trade Practices Act 1974 (equivalent to  §2 of the Sherman Act 1890 (US)) prevent Golf Australia (the national administrator of Golf in Australia) from endorsing the technology restrictions imposed by the United States Golf Association and the Royal and Ancient Golf Club of St. Andrews? The Rules of Golf The USGA and the RA have collaborated to issue a joint statement of principles concerning advancements in technology. With a focus on what is perceived as golfs traditions, the rule-makers indicate a continued preference for a single set of rules and the need for these Rules to enhance the skill of the player rather than the quality of the equipment. With this in mind, the Rules of Golf state: â€Å"4-1(a): The players clubs must conform with this Rule and the provisions, specifications and interpretations set forth in Appendix II.† Appendix II then establishes, over the course of eleven pages, the rules regarding the design of clubs, with, for example, clause 4(c) being of contemporary concern because of its effect in limiting the spring-like effect of golf clubs. â€Å"The design, material and/or construction of, or any treatment to, the clubhead (which includes the club face) must not: have the effect of a spring which exceeds the limit set forth in the Pendulum Test Protocol on file with the R&A; or incorporates features or technology including, but not limited to, separate springs or spring features, that have the intent of, or the effect of, unduly influencing the clubheads spring effect; or unduly influence the movement of the ball.† The Pendulum Test Protocol then sets out that a driving club is to be impacted several times by a small steel pendulum (see diagram 2). The time between the impact of the clubhead on the pendulum is then recorded, with this time directed related to the flexibility of the clubhead. The time cannot exceed certain parameters. Pendulum Test Protocol Mechanism The length golf balls can travel is also restricted. Appendix III, clause 5 provides that the â€Å"The initial velocity of the ball must not exceed the limit specified (test on file) when measured on apparatus approved by the [the regulator].† These rules apply in Australia with the Royal and Ancient Golf Club of St. Andrews, through its rules making entity (the RA Rules Limited) delegating to Golf Australia the role of administering the Rules of Golf within Australia. Current Technology Debates As noted the most recent debate between manufacturers and the regulatory bodies concerns the so-called spring-like effect of club faces. The creation and fusion of new materials in the manufacturing process has reduced the distortion that occurs to a golf ball on impact. By reducing this (through the club-face giving slightly and then rebounding), an overall increase in distance was able to be achieved. Until recently, there had been no adequate measure to test this effect, but with the introduction of the Pendulum Test Protocol, the USGA and the RA now have the opportunity to measure this accurately. However, the introduction of these measures led to a sharp decline in the share price of golf club manufacturers, and â€Å"[a]s one investment analyst commented, ‘if a governing body tells a leading-edge technology company that they cant improve technology, it puts them out of business. This debate stands at the fore of golf, with the industry view provided by the President of K arsten Manufacturing: â€Å"If the USGA restricts innovation, it will artificially restrict competition. Golfers will no longer receive the best possible equipment and will incorrectly perceive that all golf drivers are the same and there is nothing new or improved. The lack of excitement from the game will decrease interest in golf†¦Ã¢â‚¬  A second issue concerns the relationship between club face markings and the impact of the ball on the clubhead. As every golfer knows, inexorably connected to driving distance is accuracy. However, recent studies from the regulators highlighted that correlation between driving accuracy and success on the professional tours was no longer high, with further evidence illustrating the combination of current golf balls with a thin urethane cover had significantly increased the spin of the golf ball. This led to the Rules being tightened from January 1, 2008 (with this limiting the width, depth and spacing between grooves). However, non-conforming clubs can be used by non-elite golfers until 2024, with the professional golfers to adopt the rule from 2010. One final contemporary topic concerns the degree to which the club should be able to twist upon impact (the so-called ‘moment of inertia (see diagram 3- this machine able to test how much a club twists upon impact)), the regulators suggesting that technology which limits the clubhead and shaft twisting will reduce the skill component of the game. The rules now provide that when the â€Å"†¦moment of inertia component around the vertical axis through the clubheads centre of gravity must not exceed 5900 g cm ² (32.230 oz in ²), plus a test tolerance of 100 g cm ² (0.547 oz in ²).† As noted by the RA the purpose is to provide for protection â€Å"against unknown future developments†¦whilst allowing some technological evolution.† Moment of Inertia Test Machine Australian Antitrust Law Australian antitrust (or, as it is known, competition law) derives from, though with substantially different wording than, the 1890 United States Sherman Act. Because of this, the previously mentioned litigation from the United States will be of distinct precedential value when the matters are litigated in Australia. In this section an examination is given of the applicability of ss45/4D and s46 of the Trade Practices Act 1974 to the scenario detailed above. Is Golf Australia, through its adoption of the Rules of Golf on a delegation from the regulators in breach of either of these provisions.? The application of ss45/4D of the Trade Practices Act 1974 Section 45(2) of the Trade Practices Act states that: A corporation shall not: (a) make a contract or arrangement, or arrive at an understanding, if: (i) the proposed contract, arrangement or understanding contains an exclusionary provision; or (ii) a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition.. The latter part of this legislation can quickly be dismissed. In Australia, golf will not be seen as a discrete market of the purposes of antitrust analysis. For this reason an argument that there is a substantial lessening of competition (s45(2)(a)(ii)) by the imposition of technical restrictions for a particular sport is unsustainable. The per se exclusionary provision prohibition established by section 45(2)(a)(i) is somewhat equivalent to  §1 of the Sherman Act 1890 (US) however, one important difference can be noted. As Weight-Rite and Gilder highlight, the jurisdictional applicability of  §1 of the Sherman Act 1890 cannot be argued. By contrast, it is suggested that this would not be the position in Australia. The critical difference between the Australian legislation and the United States section is that in the former nation, s45(3) of the Trade Practices Act 1974 requires a competitive market or that the cartel parties be in competition with each other. Whilst this does not require all parties to be competitors, with golf regulators not retailing or manufacturing golf clubs, the underlying sense of collusion so critical to s45 litigation is absent. The definition of exclusionary provision in s4D is even more explicit. This requires that the arrangement must be between people who are competitive with each other thus mandating a horizontal component to the understanding. A further reason for the unavailability of s45 is that sporting organisations will often be seen as single economic units, rather than distinct entities. The importance of this if the two bodies are not viewed as separate, collusion is not possible. United States authority supports this reasoning. For example, in Seabury Management Inc v Professional Golfers Association of America Inc., a trade show promoter (Seabury), brought an action against the Professional Golfers Association (PGA) and a member section, the Middle Atlantic Section Professional Golfers Association of America (MAPGA), alleging that a five year contract between Seabury and MAPGA gave Seabury the right to use MAPGAs name and logo to conduct and promote a golf trade show anywhere in the United States. MAPGA claimed, on the other hand, that the contract limited any MAPGA-sponsored golf trade show to an area within the MAPGAs territorial boundaries. The case proceeded to trial with Seabury alleging, among other things, that both the PGA and MAPGA had colluded in violation of  §Ã‚ §1 and 2 of the Sherman Act and of Marylands antitrust laws. Initially the jury returned a verdict for Seabury, finding that the PGA and MAPGA were not part of a single economic unit and that the PGA had conspired with MAPGA (and also with the Golf Manufacturers and Distributors Association) to illegally restrain trade. However, this was overturned on appeal. The Appellate Court concluded that the PGA and MAPGA were incapable of conspiring and that on this issue, judgment as a matter of law in their favour was appropriate. The court said that while the MAPGA is not a wholly-owned subsidiary of the PGA and these entities are separately incorporated, the evidence at trial established that the PGA and its member sections function as a single economic unit with the PGA possessing ultimate control over the actions of individual sections. The court found it significant that the sections are governed by the PGA Constitution, by policies adopted either at PGA annual meetings or by the PGA Board of Directors, and by other pertinent policy documents such as trademark licensing agreements. In addition, the sections actions must be approved by the PGA to ensure that they are in the best interests of the organisation as a whole. For example, when the MAPGA sought to enter into the contract and its amendments with Seabury, the PGA had to approve these actions, and in this instance the PGA did approve the contract. The Application of s46 of the Trade Practices Act 1974 Another basis for possible antitrust breach by Golf Australia (through its unquestioning adoption of the Rules of Golf) is s 46: â€Å"(46) A corporation that has a substantial degree of power in a market shall not take advantage of that power for the purpose of: a) eliminating or substantially damaging a competitor of the corporation or of a body corporate that is related to the corporation in that or any other market; b) preventing the entry of a person in that or any other market; or c) deterring or preventing a person from engaging in competitive conduct in that or any other market.† The purpose of this section is clear. It is about protecting economic aims, promoting the competitive process and through that the consumer. Therefore does the regulatory control of golf equipment by Golf Australia depress competitive outcomes and reduce consumer (golfer) welfare? Have the Rules operated to depress the capacity of existing firms to innovate, and new firms to enter the market? Three elements must be met before s46 can be successfully invoked. i) Market power by a corporation; ii) The corporation must take advantage of that market power; iii) And, the taking advantage must be for a proscribed purpose. Market Power It is suggested that Golf Australia has market power. As the monopolist regulatory agency for Australia (its authority derived from one of the two Leviathans of world golf (the RA in this instance), Golf Australia can act by adopting rules free from the constraints of competition. Market power can also be established by contracts, arrangements or understandings that the corporation has with another party in the case the agreement between Golf Australia and the RA. This is supported by the significant barriers to entry that any new regulatory agency would have to establish most notably affiliation with the Royal and Ancient Golf Club of St. Andrews or the United States Golf Association. One suspects that it simply would not be â€Å"rational or possible for new entrants to enter the market,† golf also not interchangeable with other sports. Has there been a Taking Advantage Assuming that market power has been established, the next query becomes whether there has been a taking advantage of that market power. In Pacific National (ACT) Limited v Queensland Rail, the Federal Court enunciated 10 principles as a guide to the construction of the phrase take advantage in s46 of the Trade Practices Act 1974. 1. There must be a sufficiency of the connection, or a causal connection, between the market power and the conduct complained. 2. If the impugned conduct has an objective business justification, this will go against the existence of a relevant connection between the market power and the conduct. 3. The words take advantage do not encompass conduct that has the purpose of protecting market power but no other connection. 4. In deciding whether a firm has taken advantage, one must ask how it would have behaved if it lacked power and whether it could have behaved in the same way in a competitive market. 5. It may be proper to conclude that a firm is taking advantage of market power where it does something that is materially facilitated by the existence of the power. 6. The conduct must have given the firm an advantage it would not have had in the absence of market power. 7. The test may be whether the conduct was necessarily an exercise of market power. 8. One of the difficulties in dete rmining what constitutes taking advantage stems from the need to distinguish between monopolistic practices and vigorous competition. 9. The purpose of s46 is the promotion of competition — it is concerned with the protection of competition, not competitors. 10. It is dangerous to proceed from a finding of proscribed purpose to a conclusion of the existence of a substantial degree of market power that can be taken advantage of — to do so will ordinarily be to invert the reasoning process. In other words s 46 is not directed at size or at competitive behaviour, as such. What is prohibited, rather, is the misuse by a corporation of its market power. In addition, s46(4)(a) provides that the reference to power in s 46(1) is a reference to market power the power to be taken advantage of must be market power and not some other type of power. A corporation which satisfies the threshold test by reason of its market power is not permitted by s. 46(1) to take advantage of that power for the purpose of one or other of the objectives set out in paras. (a), (b) and (c). The term take advantage in this context indicates: that the corporation is able, by reason of its market power, to engage more readily or effectively in conduct directed to one or other of the objectives in paragraphs (a), (b) and (c); it is better able, by reason of its market power, to engage in that conduct; its market power gives it leverage which it is able to exploit and this power is deployed so as to take advantage of the relative weakness of other participants or potential participants in the market. Whether this is so in a particular case is a matter to be inferred from all the circumstances. In so doing, three critical points must be made: i) In determining whether there has been an objective taking advantage of market power, the phrase is not meant to imply that there must be a hostile or malicious intent to the use of the market power. There is to be no ‘indefinite moral qualification to the phrase ‘taking advantage. Section 46 is not dealing with social policy. ii) To answer the question whether there has been a taking advantage, the counterfactual is explored, that is, would the regulatory authorities have acted in the same way in competitive conditions. Conduct that may not normally be of concern, can â€Å"take on exclusionary connotations when practiced by a monopolist.† iii) The final critical point is that it is not permissible to establish a proscribed purpose and then to reverse engineer from this to find that there has been a taking advantage of market power. Taking advantage is a separate element that must be proven exclusively of any proscribed purpose. To do something other than this is to flaw the analysis. It is not possible to conclude that because one has the proscribed purpose of eliminating a competitor, that they have taken advantage of market power. â€Å"Competitors almost always try to ‘injure each other†¦This competition has never been a tort†¦ and these injuries are the inevitable consequence of the competition s46 is designed to foster.† With these principles in mind, would (or could) Golf Australia have acted in a different way, if the market conditions were competitive? Arguably, the answer is no. Golf is a global sport at both professional and amateur level and with the control, financial influence, and contemporary dominance of the USGA and the RA, Golf Australia would have to act the same way in a competitive market. The potential for Australia, despite our relative success on the world stage, to develop or go it alone in terms of equipment and rule regulation would not exist. With major American companies dominating world golf club manufacture, the presence of a second regulatory body, competing with Golf Australia would not alter the fact that sporting equipment regulation would still be mandated by overseas entities. A new entity, (as with Golf Australia) simply would not have the political or financial strength to act differently than that dictated by the USGA and the RA. For a Proscribed Purpose Assuming that market power and the taking advantage of this was established, the third element is that Golf Australia would have had to have acted for a proscribed purpose. Can it be said that Golf Australia (a non-profit entity) has objectively acted to eliminate, hinder or somehow prevent competition in a market. This requirement is arguably more easily met in the context of ‘for profit organisations. In Monroe Topple Associates v Institute of Chartered Accountants the non-profit nature of the Institute did not necessarily lead to a finding of an improper purpose, but â€Å"[did] tend to point against such a finding.† It is suggested that it would be difficult to establish the purpose element. Golf Australia gains nothing by putting golf equipment manufacturers out of business indeed it would seem to be in the interests of the regulator to promote healthy innovative competition amongst the manufacturers, with this leading to reduced prices for clubs and growth in the number of players. In a different context, a similar conclusion was reached by the Full Federal Court in Australasian Performing Rights Association Ltd (APRA) v Ceridale Pty Ltd. APRA refused to provide a licence for a nightclub unless unpaid fees by Ceridale were paid. While its actions may have led to a nightclub closing, its purpose was not to put the company out of business, but simply to preserve the integrity of its licence system. By analogy, the role of Golf Australia in endorsing the rules of the USGA and the RA is not about putting golf equipment manufacturers out of business, but about preserving what it perceived to be the traditions of the game. An Objective Business Justification Given what has been previously outlined, a breach of s46 appears unlikely. Whilst Golf Australia would have market power, it could not be shown that it would have acted differently in a competitive market (hence no taking advantage of that power), nor could it be demonstrated that it acted for a proscribed purpose. However, it is suggested that there is an even stronger basis by which Golf Australia would be able to defeat any allegation that it had taken advantage of its market power. This relies on Golf Australia establishing an objective legitimate business justification as to why it has accepted and promulgated these technical rules as the basis for regulation of golf equipment in this country. If this justification is accepted, then the conclusion is that there has been no taking advantage of market power the business was simply doing what would normally be done in a competitive market. In essence, it is the flipside of the counterfactual test, but in this context appeals to th e reason why sporting administrators and regulators are needed that is to establish and run fair competitive competitions and to encourage participation in the sport by all, with results determined on skill and not on luck. It seeks to connect the conduct of the market participants to