Wednesday, May 6, 2020
Crossing Borders Through Folklore By Alma Jean Bilingslea...
In her book Crossing Borders Through Folklore, Alma Jean Bilingslea-Brown discusses how border crossing trope found in Black American women s writing. Brown claims: The journey across geopolitical, cultural, and Ideological borders constitutes one of the most frequent crossings in black women s fiction. Interpreted at one point as the movement from victimization to consciousness and from division to wholeness, the journey was perceived to be as much personal as psychological as political and social. (13) The purpose of crossing these borders was to change and correct not only the view held by others, but also the view that African Americans, as marginalized people, held of themselves (26). This border crossing in seen in Butler s Kindred as the protagonist, Dana, travels through time and space and lands in the early 1800 s to save her white male ancestor, Rufus. Throughout this journey, Dana is seen struggling with her identity, as she is often told that she seems more white than black. This struggle is compounded as Dana has to interact with other blacks in this time period, and Dana struggles to relate to them and understand why they would choose servitude rather than revolt or running to freedom. While she is in the 1800 s, Dana struggles the most to understand Sarah, the cook and mammy figure in the novel. Character s such as Sarah have historically been represented as Aunt Jemima or mammy figures, who became derogatory images of black women
Tuesday, May 5, 2020
Business Laws Dodgy Pty Ltd
Question: Discuss about theBusiness Laws for Dodgy Pty Ltd. Answer: Introduction Analysis of First Case Analysis of Facts in Case: In this context, the case of Bill and Jill describes that they contracted with seller Dodgy Pty. Ltd. in this contract; the seller dishonestly stated that the weekly taking of the caf is $10,000. The seller also put a term related to the estimation of the per week business cost $3000. But the buyers found that the weekly taking was just below than the weekly business cost. Therefore, Bill and Jill were to remedies against the seller. Understanding of the Australian Business Law Principle The principles of Australian business law force the organizations and individual to make the contract to comply with the legal terms for avoiding unexpected outcomes. The principle of Australian Consumer Law (ACL) includes a term related to unfair contract terms and suggests the standards that should have to use during the contract making between seller and buyer (Ibp Inc., 2013). According to this act, the seller may not use wrong or misleading or deceptive terms that can affect the decisions of buyers. Relevant Cases In the context of Australian law of contract, there are many cases that enhance the understanding towards the legal consequences related to a contract. Gates v City Mutual Life Assurance Society Ltd [1986] HCA 3; (1986) 160 CLR 1 In this case, the court held that the seller can be responsible for his or her wrong statement that manipulates the decision of the buyers. But the seller will pay only for the loss that would be reasonable rather more than real loss (AustLII, n.d.). Alcatel Australia Limited v Scarcely and Ors Matter Nose Ca [1998] NSWSC 483: In this case, the court held that a contract should be made on the basis of good faith otherwise; the loss gaining party because of bad faith may demand the damage of their loss (AustLII, 2016). It means Jill and Bill can demand for their loss because the seller did not use the good faith to make the contract for caf. Nash v Inman, [1908] 2 KB 1 In this case, the court held that the contract made with the minor can be applied in only such condition, if it will relate to the improvement in their social life status (Clarke, 2010). Role of Compliance and Requirements Both the statute and common law restrict the minors to make contract. The general rule of common law describes that the contract made by minor is voidable, if the contract is made for property, land, money or business (Tomasic, Bottomley McQueen, 2002). This is because the common law does not believe that a minor can fulfill his or her obligations. It means if a person makes enforceable contract with a minor when the minor has the right to cancel the contract or deny by performing any action as per the terms of contract (Ibp Inc., 2013). The contract law of Australia also describes that the contract can only take place between eligible persons only. Use of Laws As per the above cases and the description of the principles of contract law, it can be stated that the followings are some remedies to the buyers against the seller. Jill can also void the contract because of the involvement of a minor such as bill, who has not eligible to make the contract for the business or property. Buyers can ask compensation for their loss due to the use of wrong statement related to weekly collection in the contract. Analysis for Second Case Facts Hugh runs a business, which produces pizza. To deliver the pizza, UberEats is used by Hugh to serve the customers in Sydney. This type of food delivery services helps Hugh to increase sales in Sydney. To cut the delivery cost, High and Theo started to use their own vehicles rather UberEats but they do not register any document related to this. But they do not make any kind of change in the existing advertisement and use Uber to deliver its pizza to customers. To reduce operation cost, Hugh decides to replace the use of out date cheeses in pizzas. They state through advertisements to their customers that Homeslice uses only freshest ingredients and they use chesses directly from customers. But, several customers get sick and one dies after consuming stale and out of date ingredients. Australian Business Law Principle Each state of Australia has Fair Trading legislation related to deceptive or misleading conduct by anyone. In this context, section 18 of Australian Consumer Law (ACL), a person cannot and should not engage in deceptive or misleading conduct (Morandin Smith, 2011). Schedule 2 of the Competition and Consumer Act 2010 prohibits the corporations conduct in commerce or trade by deceptive or misleading to mislead the customers. The section 52 of Trade Practices Act (1974) was also related to deceptive conducts which was supplanted by Competition and Consumer Act (CCA) 2010 (Latimer, 2012). As per this law, followings are some elements to establish deceptive or misleading conduct are: Conduct as impugned was done during the commercial or trade activities; The impugned conduct caused misleading or deceptive behavior against individual or group of people (Esmaeili Grigg, 2016); The plaintiff relied on the defenders conduct; and As a trust on conduct and its result, the plaintiff or claimant got a loss. Therefore, the main aim of the doctrine is to provide protection to consumer from any misleading behavior of organization by deciding the action of the defender under the terms of strict liability. These sections of law also provide several remedies to customers against the misbehavior or deceptive conducts of the organizations. Relevant Cases Google Inc v Australian Competition and Consumer Commission [2013] HCA 1: In above case, Australian Competition and Consumer Commission (ACCC) claims Google Inc has violated the section 52 of the Trade Practices Act 1974 (Cth) because its search engine displayed deceptive and misleading information during the search (High Court of Australia, 2013). This event has taken place between 2005 and 2008. In the reference of this case, the court held that the organization of the Google search engine can be liable for deceptive conduct, if it uses promotional method to represent the information to the customers (High Court of Australia, 2013). But, the characteristic of Google describes that it does not offer anything to customers directly therefore, it may not be liable for the misleading conduct. Donoghue v Stevenson [1932] AC 562: The rule related duty of care means the fulfillment of entire necessities from manufacturer of products before the delivery of the customers to satisfy the needs of customers. In the above case, the court states that there is a close relationship between manufacturer and consumer because it is a duty of the manufacturer to provide the quality products to customers with the safety of customers (Fitzroy Legal Service, 2016). As per this, it can be concluded that the manufacturer should have to fulfill the obligations related to duty of care. Withyman v State of NSW and Anor [2010] NSWDC 186: According to the judgment in the given case, a person who has the duty is to serve the customers but he has not fulfils the obligation, then this situation will called the breach of duty. The breach of duty is also established in above defined case. In the case, the district court states that it is a duty of the teacher to work for the welfare of student in the place of intimacy inside or outside of the school. Hence, the action of teacher to seduce the student is an example of breach of duty towards the students (Carternewell Layers, n.d.). Similarly, it was the duty of Hugh to use the quality cheese and other ingredients in the making of pizza, while the case defines that they were using out dated cheese that only caused a negative impact on human health. Grant v Australian Knitting Mills [1932] AC 85: In the above case, the plaintiff loosed money due to the use of chemical in a product. As a result, the plaintiff spent more than three months in the hospital to recover health. In this case, court describes that the injury of the customer is form of damage that is required to establish the tort of negligence (Goodden, 2009). Therefore, the manufacturer of the product would be liable for the loss of customers. Use of Laws In the given case, the above defined principles of CCC and ACL can be applied to define the responsibility of the manufacturer towards the loss of the customers, which take place after the consumption of pizza. Role of Compliance and Requirements The sections related to misrepresentation of information and use of unfair business practices will help the plaintiff or the customers of Hugh to get compensation for their damage from the manufacture of pizza. This is because they did not only use the wrong information related to services but also used outdate ingredient by naming fresh ingredients. As a result, the court can be able to give the judgment in favor of plaintiff. References AustLII (2016) Alactel Australia Limitedv Scarcella ORS [Online]. Available at: https://www.austlii.edu.au/au/cases/nsw/NSWSC/1998/483.html (Accessed: 14 September 2016) AustLII (2016) GATES v. The City Mutual Life Assurance Party Society(1986) 160 CLR 1 [Online]. Available at: https://www.austlii.edu.au/au/cases/cth/HCA/1986/3.html (Accessed: 14 September 2016) Carternewell Layers (n.d.) Australian Civil Liability Guide, 9th ed [Online]. Available at: https://www.carternewell.com/Australian-Civil-Liability-Guide-9th-Edition/index.html#87/z Clarke, J. (2010). Nash v Inman [Online]. Available at: https://www.australiancontractlaw.com/cases/nash.html (Accessed: 14 September 2016) Esmaeili, H. Grigg, B. (2016) The Boundaries of Australian Property Law. Australia: Cambridge University Press. Fitzroy Legal Service (2016) Duty of care [Online]. Available at: https://lawhandbook.dev.jed.cecc.com.au/handbook/ch06s03s02.php (Accessed: 14 September 2016) Goodden, R.L. (2009) Lawsuit!: Reducing the Risk of Product Liability for Manufacturers. USA: John Wiley Sons. High Court of Australia (2013) Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 [Online]. Available at: https://eresources.hcourt.gov.au/showCase/2013/HCA/1 (Accessed: 14 September 2016) Ibp Inc. (2013) Australia Business Law Handbook Volume 1 Strategic Information and Basic Laws. Int'l Business Publications. Latimer, P. (2012). Australian Business Law 2012. CCH Australia Limited. Morandin, N. Smith, J. (2011) Australian Competition and Consumer Legislation 2011. Australia: CCH Australia Limited. Tomasic, R., Bottomley, S. McQueen, R. (2002) Corporations Law in Australia. Federation Press.
Saturday, April 18, 2020
Review of Research Studies on Cultural Bias in Psychology
The population of minority cultural and ethnic groups in United States has increasing in the last few decades. It is therefore common for a psychological therapist to encounter a client from a different cultural and ethnic background. In such encounters, there is possibility for cultural bias that can affect effectiveness of the psychological intervention.Advertising We will write a custom essay sample on Review of Research Studies on Cultural Bias in Psychology specifically for you for only $16.05 $11/page Learn More Many researchers in the recent past have been concerned about cultural bias in the field of psychology and psychological therapies. The paper reviews a few of research studies on cultural bias in psychology, counseling, and marriage and family therapy. Counseling is considered the best intervention to psychological and emotional problems. However, considering cultural and ethnic diversity, counseling may not be effective if a counselor exhi bits cultural bias. In the article, ââ¬Å"Cultural Biased Assumptions in Counseling Psychologyâ⬠(Pedersen, 2003), Pedersen addresses cultural biases assumptions that may affect the effectiveness of counseling interventions. Pedersen identifies and discusses culturally biases assumptions from an earlier article by Ponterotto and Leong (2003). The author argues that cultural bias has impact on the work of counseling psychologists. Pedersen warns that cultural bias should not be underestimated given that it can have great effect on counseling psychology. To ââ¬Å"internationalize counseling psychologicalâ⬠(Pedersen, 2003), Pedersen proposes that counseling psychologists adopt scientist-practitioner model. In harmony with Pedersen, Snowden (2003) found cultural bias as a major factor contributing to disparity in mental health care provision. Snowden concludes that although other factors such as economical factors led to a gap in mental health care, cultural bias was the ma jor barrier. He advocates for more research on particular forms of bias that could contribute to the disparities. Cultural bias is a major barrier to effective psychological therapy. In family therapy, cultural bias can make it impossible for a family therapist to fully understand her clientsââ¬â¢ problems and provide an effective therapy. In the article titled ââ¬Å"Experiential Tasks and Therapist Bias Awarenessâ⬠, Bermudez (1997) notes that therapeutic process can be affected considerably by cultural bias against minority cultural and ethnic groups.Advertising Looking for essay on cultural studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More According to Bermudez, all psychological therapists have assumptions about minority cultural groups. Some of the assumptions and beliefs could be biased and therefore affect effectiveness of a therapy. Bermudez suggests that cultural bias awareness of a therapist can help her to overcome t he bias and be effective across cultures. Bermudez proposes experiential tasks to overcome cultural bias, including role playing, visualization, written assignment, family sculpturing and role reversal. Effectiveness of a psychological therapist in multicultural and multiethnic settings is depended on her cultural competence. In an article titled ââ¬Å"Cultural Competency: From philosophy to research and practiceâ⬠, Sue (2006) explores the meaning and value of cultural competency in psychological therapies. Sue argues that cultural competency is trainable and proposes that therapist adopt cultural competency strategies in order to improve outcome. Addressing cultural competency in family therapy, Hardy and Laszloffy (2003) found cultural awareness and sensitivity to be important for cultural competency. Hardy and Laszloffy argue that ability of therapist to explore her personal cultural issues puts her in a better position to understand other cultures. In addition, the authors summarize how cultural genogram can be a successful training tool for cultural competence (Hardy Laszloffy, 2003). Cultural bias is a major barrier to counseling minority cultural and ethnic groups. Considering the multicultural nature of the society today, a therapist has to be culturally competent to be effective. Cultural competency skills can help counselors to avoid cultural bias and give better services to their diverse clients. References Bermudez, M (1997). Experiential Tasks and Therapist Bias Awareness. Contemporary Family Therapy 19 (2), 253-267Advertising We will write a custom essay sample on Review of Research Studies on Cultural Bias in Psychology specifically for you for only $16.05 $11/page Learn More Hardy, K. Laszloffy, T. (1995). The Cultural Genogram: Key to Training Culturally Competent Family Therapists. Journal of Marital and Family Therapy 21(3), 227-237 Pedersen, P. (2003). Culturally Biased Assumption in Counseling Psycholo gy. Counseling Psychologist 31(4), 396-403 Ponterotto, J. Leong, F. (2003). A Proposal for Internationalizing Counseling Psychology in the United States: Rationale, Recommendations, and challenges. Counseling Psychologist 31(4), 381-395 Snowden, L. (2003). Bias in Mental Health Assessment and Intervention: Theory and Evidence. American Journal of Public Health 93(2), 239-243 Sue, S. (2006). Cultural Competency: From philosophy to research and practice. Journal of Community Psychology 34 (2), 237-245. This essay on Review of Research Studies on Cultural Bias in Psychology was written and submitted by user Vivienne Hull to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. 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Saturday, March 14, 2020
Classical Decomposition Model essays
Classical Decomposition Model essays Classical Decomposition Method for Calloway Golf (1995-1999) For this paper I have gathered quarterly data on the sales of Calloway Golf Company from 1995 to the third quarter of 1999,and will attempt to fit a time series model using the Classical Decomposition Method, which uses a multifactor model shown below: Yt = actual value of the time series at time t The trend component (T) in a time series is the long-run general movement caused by long-term economic, demographic, weather and technological movements. The cyclical component (C) is an influence of about three to nine years caused by economic, demographic, weather, and technological changes in an industry or economy. The seasonal variations (S) are the result of weather and man-made conventions such as holidays. These can occur every year, month week, or 24 hours. The error term (e) is simply the residual component of a time series that is not explained by T, C, and S. There are two general types of decomposition models that can be used. They are the additive and multiplicative decomposition models. Multiplicative: Y = T * C * S * e As you can see above the type of seasonality can be determined by looking at the plot of the data. The determination of whether seasonal influences are additive or multiplicative is usually evident from the plot of the data, but this is not the case with the data for Calloway as you can see from the first graph of the quarterly sales. While it is my pretension that the seasonal influences for Calloway are multiplicative, I will use both methods and compare the two models to determine which is a better fit for the quarterly data for Calloway Golf. In the multiplicative decomposition model, which is the most frequently used model, Y is a product of the four components, T, C, S, and e. C and S are indexes that are proportions centered on 1. Only the trend, T, is measured in the same ...
Thursday, February 27, 2020
Smoking Essay Example | Topics and Well Written Essays - 250 words - 4
Smoking - Essay Example Smoking is badly affecting the society and steps need to be taken to solve this problem. Smoking is a global issue that needs to be dealt with. Increasing the number of taxes on cigarettes as well as the implementation of bans can prove to be useful for the purpose of discouraging the smokers from smoking and this fact has been proven as many smokers have quit smoking following these regulations. On the other hand proper education regarding the harmful effects of smoking among certain age groups can also prove to reduce the number of non smokers from smoking. The daily news reporter quoted in the year 2008 that the ban on smoking had led to 400000 people quitting smoking in England. A survey in Sweden also indicated the fact that the easy availability of cigarette should be restricted as this might also prove to be helpful for the reduction in the number of smokers as well as subsequent reduction in the passive smokers (Landes
Monday, February 10, 2020
Business Law Patent Rights Essay Example | Topics and Well Written Essays - 500 words
Business Law Patent Rights - Essay Example An instrument can be protected as utility patent or even a design patent if it has any unique ornamental feature. Primarily patentability of the invention needs to be determined, which cane be dome by conducting a through patent and non patent literature (prior art) search. Once the patentability established a patent application should be drafted and filed at the respective patent office. The inventor can file a National Application in the parent country or an International Patent Application with WIPO. The international patent application is called a PCT application proves to be cheaper if the invention is desired to be protected in a number of countries. Patent application goes through examination at patent office and eventually the patent gets granted. In the present case if the safety tests conducted on the instrument enhance any feature of the instrument it should be protected. The enhanced feature of the instrument can be protected by filing a continuation in part patent application for the same. Once the patent is granted the assignee can commercialize his invention or in other case assign rights. The rights can be granted completely, by assigning the patent to a single individual/ organization, or territory specific licenses can be given out for commercialization of invention to various interested parties. Patent Infringement is said to have occurred when a patented invention is used, sold, manufactured or offered for
Friday, January 31, 2020
Advocating anti-genocide movement in Darfur Essay Example for Free
Advocating anti-genocide movement in Darfur Essay The United Nations defines genocide as ââ¬Å"acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. â⬠In Darfur the Arab janjaweed militias have killed an estimated 100,000 non- Arab people, burned their villages, and sought to destroy their way of life. On September 9, 2004 U. S. Secretary of State Collin Powell told the Senate Foreign Relations Committee that ââ¬Å"genocide has been committed in Darfur and that the Government of Sudan and the [janjaweed] bear responsibility ââ¬â and that genocide may still be occurring. (DiPiazza) People sometimes get the wrong idea of what genocide means. It is assumed that it is a hopeless case, impossible to stop for it is driven by millenniums of racial or ethnic conflicts. But looking back at history, genocide has mostly been created through calculated, intended decision by national leaders used as the most convenient way to solve a problem or to keep their power and destroy a person or group. And Darfur is not an exception to this. Mr. Bashir and Musa Hilal are not motivated by ancient hatred but of greed to power and influence. They are not extremists but rather coldblooded, amoral opportunists (Kristof). Drought, famine and civil war represent the interactive array of ecological, socio-economic, and political factors at play. Hundreds of thousands of refugees and internally displaced persons (IDPs) were created from 2003 through 2005 (Arsdale). Competition over scarce resources ââ¬â such as water and fertile land ââ¬â had long challenged Darfur. The beginning of an oil industry in Durfur added to the tension. Claiming to represent non-Arab Africans in Darfur, rebel protested decades of government neglect. They demanded full economic, political, and social rights for Darfur. They also wanted oil wealth from the region to be shared equally. To combat the rebels, the government armed local Arab militias called janjaweeds. The Sudanese Liberation Army (SLA) arose in response to grievances bring expressed by citizens of Darfur. The SLAââ¬â¢s founding manifesto included its vehement protests against the central governmentââ¬â¢s ââ¬Å"policies of marginalization, racial discrimination, exclusion, exploitation, and divisiveness. The Janjaweeds, on the other hand, traced their origin with raiders and bandits of various types in Sudan for centuries. In recent decades, so-called Arab cattle raiders occasionally would sweep into a non-Arab village and abscond with a few head (Arsdale). Since 2003, the government of Sudan and its Janjaweed militias has executed a systematic campaign of mass murder, rape, and starvation against the black African tribes of Darfur. As of today, more than 500,000 Darfuris have died, and more than 2. 5 million have been driven from their homes. It goes without saying that other measures have to be undertaken simultaneously to reach a sustainable peace in Darfur. So, the international community should strongly support the Abuja talks between the Sudan government and the main insurgent groups to help them reach a peace agreement, which could be a foundation for equity and good governance in Darfur. And since the negotiation of a lasting peace in Darfur unfortunately could take months, if not years, humanitarian assistance should be provided. Democracy is a first step in the struggle against totalitarian forces that resort to inhuman practices to impose their whim on others, including ethnocide and genocide (Hoeven et al. ). It is important to create the conditions of security that will allow for a safe and voluntary return. A political solution reached in the Abuja talks is a priority to help bring peace to the region. At the same time, there is a strong sense in Darfur that an inclusive, credible and grass roots process of inter-communal dialogue is needed to re-establish peaceful inter-communal relations and re-weave the social fabric of the region. Specific measures to address property and land usage rights will be indispensable to achieve peace and restore relationships between nomadic herders and sedentary agriculturalist tribes (Hoeven et al. ). The African Union Mission in Sudan (AMIS) evolved as the African Union has authorized the incremental deployment of thousands of personnel to carry out its responsibilities in Darfur. The African Union Peace and Security Council provided AMIS II with the following specific mandate for its peace support efforts: (1) to monitor and observe compliance with the 2004 humanitarian cease-fire agreement; (2) to assist in the process of confidence building; and (3) to contribute to a secure environment for the delivery of humanitarian relief and, beyond that, the return of IDPs and refugees to their homes, and to contribute to the improvement of the security situation throughout Darfur (Darfur Crisis: Progress in Aid Peace Monitoring Threatened by Ongoing Violence and Operational Challenges). President Bush had made his statement regarding the issue at the Diplomatic Reception Room, White Palace: Americas commitment is clear. Since this conflict began we have provided more than $1. 7 billion in humanitarian and peacekeeping assistance for Darfur. We are the worlds largest single donor to the people of Darfur. Were working for the day when the families of this troubled region are allowed to return safely to their homes and rebuild their lives in peace. The people of Darfur are crying out for help, and they deserve it. I urge the United Nations Security Council, the African Union, and all members of the international community to reject any efforts to obstruct implementation of the agreements that would bring peace to Darfur and Sudan. I call on President Bashir to stop his obstruction, and to allow the peacekeepers in, and to end the campaign of violence that continues to target innocent men, women and children. And I promise this to the people of Darfur: The United States will not avert our eyes from a crisis that challenges the conscience of the world (Bush). Today, there are a lot of anti-genocide movements, recruiting thousands of people around the world advocating justice and human rights for the casualties and victims of this national turmoil. Politicians, Hollywood stars and even fellow citizens have been voicing out their concern and extending their help over the matter. Works Cited Arsdale, Peter W. Van. Forced to Flee: Human Rights and Human Wrongs in Refugee Homelands. Lexington Books, 2006. Bush, President George. President Bush Discusses Genocide in Darfur, Implements Sanctions 29 May 2007 The White House. 2 December 2007. http://www. whitehouse. gov/news/releases/2007/05/20070529. html Darfur Crisis: Progress in Aid Peace Monitoring Threatened by Ongoing Violence and Operational Challenges. Ed. United States Government Accountability Office: DIANE Publishing, 2006. DiPiazza, Francesca Davis. Sudan in Pictures. Twenty-First Century Books, 2006. Hoeven, Agnes van Ardenne-van der, et al. Explaining Darfur: Four Lectures on the Ongoing Genocide. Amsterdam University Press, 2006. Kristof, Nick. Darfur: Driving up the Price of Blood. Coalition for Darfur, 2007.
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