Saturday, August 31, 2019

My Father’s Life by Raymond Carver Essay

The last paragraph of this essay is my favorite by far, â€Å"†¦in their beautiful voices out of my childhood. Raymond. † The author of this story made it so tangible the dislike Raymond Jr. had for his birth name that it felt like a true revelation when the character finally embraced it. To hear his father’s name echo as his own name and to enjoy it leaves the reader with the same sense of happiness. The author of this essay has such a grasp on the lives and senses of a lower class worker that he surely must have experienced it in his childhood. It doesn’t surprise me to find out that his father worked at a saw-mill. That type of gritty upbringing must leave an indelible mark on your psyche. This mark was clearly a reservoir from which to pull deep and meaningful prose that truly paints a picture in the mind of someone who lacks those same experiences. This essay tells the story of a boy who liked his father more than most. This boy even liked his father, very possibly, more than his mother. It also tells how perceptive the boy and, later on, man were. This Raymond Jr. recognized the weaknesses of his father and still fell into the same traps himself. This essay taught me much about the depression era environment that the main character’s father, Clevie Raymond Carver, grew up in. His father rode on boxcards and pickled apples to get by. He also was able to set aside money to buy a car. I never imagined an environment where a day laborer would have the excess income to set aside spare change. In this modern age of paycheck to paycheck living that is truly an amazing feat. If the author was able to expand on his writings to fulfill a request of mine I would prefer to hear more about his father’s life before marriage. His father clearly had faults but what drove him into that personality. The character’s father was an alcoholic but still strived to better the life of his family. I’d like to know why.

Friday, August 30, 2019

Academic Joint Ventures And Business Aspects Education Essay

As with any concern partnership between an U.S. corporation and a Latin American corporation, universities that spouse to offer academic plans must see the fiscal and operational facets of such partnerships. This paper deals with international partnerships between universities as research labs for coaction between concerns. The elements that make for a successful articulation venture go beyond the academic issues of content and how that content is delivered to pupils. This paper deals with the concern and inter-university relationships in developing and implementing articulation or collaborative grade plans between universities. It does non cover with traditional exchange plans or double grade plans where one of the universities is the dominant establishment at which the pupils really earn the grade. ; instead the coaction here deals with the joint development and offering of course of study by the establishments as equal spouses that leads to the awarding of a joint or collaborative grade. Regis University, founded in 1877, is one of 28 Jesuit universities in the United States. The university enrolls more than 16,000 pupils who study at its Denver, Colorado campus, seven other regional campuses and on-line via distance acquisition. The University has developed relationships with the University of Ulster in Northern Ireland, the National University of Ireland in Galway, Ireland, and ITESO in Guadalajara, Mexico every bit good as other relationships with schools in other parts of the universe. This paper concentrates on the relationships with the Ulster, Galway and ITESO for intents of the research theoretical account. The University of Ulster is the major university in Northern Ireland and is portion of the higher educational system in the United Kingdom. Ulster is similar to Regis University in that both have multiple campus that serve diverse populations and both have extended on-line educational plans. The National University of Ireland in Galway is involved in extended educational partnerships throughout Europe and in Asia every bit good as supplying extended go oning instruction grade plans for working grownups within the state. ITESO, located in Guadalajara, Mexico, is a Jesuit university as is Regis University. ITESO offers a important figure of academic and go oning professional development plans for working grownups and via its distance instruction scheduling. ITESO participates in an extended web of schools throughout North and Latin America every bit good as in Europe and Asia. Literature The educational literature has a great trade of research refering the traditional pupil exchange plans between international universities every bit good as survey abroad, and double grade plans, yet there is small about the development and operation of jointly developed and operated degree plans. The double grade plans in the literature be given to be coactions where one of the universities offers the grade ( typically the U.S. spouse ) and the other school provides pupils. In many instances these double grade plans allow the pupils of either school to reassign a specific figure of classs into the other grade and to take classs at each school. But the pupils are normally considered degree seeking at the dominant spouse in the relationship. What needs to be looked at is how we develop and guarantee that both the U.S. school and the school in the other state is a full and equal spouse in the coaction. One such partnership that seems to signal such a alteration is the joint partnership between the British Council and the state of Brazil. In an article depicting this partnership Canto and Hannah ( 2001 ) stated that â€Å" ( vitamin E ) quality in the proviso of financess has a practical and symbolic significance aˆÂ ¦ , meaning that this is a coaction that sets out to replace traditional north-south relationships of giver and receiver with echt academic partnerships † ( P. 27. ) What the writers were seeking to state and what seems to be needed in developing such international coactions is that there is a demand for common regard and engagement where both organisations bring similar or complementary accomplishments and resources to the tabular array as opposed to the traditional theoretical account which typic ally has the U.S. or European university supplying the existent educational chances at the U.S. school with the bulk of the pupils coming from the other state. What their paper efforts to make is analyze the relationship between the U.S. school and the Latin American school in a different visible radiation. Canto and Hannah ( 2001 ) paraphrased Altbach ( 1981 ) in which Altbach commented on the quandary 3rd universe universities so had in deriving acknowledgment even though academic public presentation and research in the 3rd universe had improved greatly over the old ages since World War II. It seems that the perceptual experience was that the establishments in the U.S. and Europe have the monopoly on cognition and the 3rd universe is in demand of that cognition. Such attitudes continue and have limited cooperation and coaction. Canto and Hannah believe that since the late 1970 ‘s schools in the U.S. and Europe have entered into horizontal partnerships that include three elements: â€Å" ( a ) the being of old cognition of the other spouse to set up realistic outlooks † which came from Samoilovich ‘s work in the 1990 â⠂¬Ëœs, â€Å" ( B ) the echt sharing of each other ‘s experiences † which they got from work done by Balan in the 1990 ‘s, and â€Å" ( degree Celsius ) the application of each other ‘s cognition instead than a one-way transportation † of cognition from the dominant school, which came from work done by Bor and Shute in the 1990 ‘s. ( 2001, P. 32. ) Some issues identified by Canto and Hannah ( 2001 ) include: holding a clear apprehension of each spouse ‘s strengths and failings, holding a great trade of trust in each other, low degrees of struggle an equal partnership where both spouses are respected for what each brings to the relationship, acknowledging that linguistic communication can be a barrier, and holding regard for each school ‘s cultural differences. Canto and Hannah ( 2001 ) besides looked at three links that need to be considered. These are linguistics, sociology, and engineering. Each of these demands to be considered when developing a partnership where both schools play an equal function in developing the academic course of study and be aftering the concern theoretical account for operations. This was re-enforced by Shaw ( 2006 ) who speaks to the importance of understanding political environments in each state every bit good as within each establishment involved in the partnership. He farther commented that the â€Å" ( s ) tability of a joint venture refers to the length of service of the relationship, and it is dependent, in portion, upon the combination and communicating between theaˆÂ ¦partners † ( P. 439. ) Shaw ( 2006 ) besides identified barriers that must be considered in developing partnerships in the academic sphere. These tend to back up what Canto and Hannah ( 2001 ) noted in their research. Shaw spoke to fiscal support, division of work and control, struggle, cultural differences, and environmental factors ( P. 442. ) An interesting fact is that international joint ventures have declined in figure over the past decennary ( Popper, 2002 ) and while Popper is talking by and large about transnational companies, she notes that much of the diminution is because the spouses have different involvements. Popper ‘s remarks tend to back up the treatment above refering issues to be alert about when developing coactions between U.S. or European universities and their opposite numbers in Latin America. Chowdhury and Chowdhury ( 2002 ) remark that it is of import to develop â€Å" synergism among the spouse houses ( P. 52. ) They further speak to the symmetric houses holding an inducement for organizing the partnership in the demand to increase demand ( p. 57. ) If this is translated into an educational partnership, so the end may good be to increase demand for higher instruction in one or both states – or at least the demand for an instruction from the spouse schools. Finally Nadler and Nadler ( 1990 ) speak to the demand to see the homo resource demands in joint ventures. They commented that â€Å" the fluctuation in cultural norms from state to state should be recognized and understood † ( p. 71 ) when sing human resource issues. Each spouse may hold different accomplishments and cognition to impart to the coaction and this needs to be understood and planned for. Nadler and Nadler farther noted that both spouses in a joint venture must understand that each spouse may miss some human resources capacity and that may necessitate to be developed. Lessons Learned from Regis University and its Spouses Relationship Building The literature clearly noted that one of the keys to success with international collaborative ventures is the development of relationships ( Canto & A ; Hannah, 2001, Shaw, 2006, Popper, 2002, Chowdhury and Chowdhury, 2002, and Nadler & A ; Nadler, 1990. ) Based on an analysis of the international coactions between Regis University, Denver, Colorado and the three international spouses introduced before, relationship edifice likely is foremost in those elements that ensured success and when non to the full developed, resulted in failure. Prior to get downing to develop any academic plans with ITESO in Guadalajara and the National University of Ireland in Galway ( NUIG ) both schools spent considerable clip acquiring to cognize each other. In the instance of NUIG the partnership began with senior functionaries at both schools meeting through a 3rd party and so merely researching possible chances over a twosome of old ages. The same occurred with ITESO. Representatives of both schools foremost met through a conference sponsored by AJCU and AUSCAL in Guadalajara and so about a twelvemonth subsequently at an IAJBS educational conference. That led to farther contacts and visits. During these meetings and societal contacts, both parties got to cognize the people and their civilizations, and developed a trusting relationship. In the first instance, these contacts led to the formation of a joint Irish Studies plan online between NUIG and Regis University. The plan was designed to be little in order to develop a working relat ionship and has continued. Later that plan led to the development and execution of an on-line alumnus grade in package technology. The relationship at ITESO resulted in execution of a joint MBA grade where pupils from both schools can gain an extra grade from each by taking nucleus classs at the place establishment and so a series of classs at the other. This relationship is now leting ITESO and Regis University to look at traveling into a jointly offered grade for the remainder of Latin America. An illustration of a plan that likely failed because the relationship was non adequately developed before seeking to implement a plan was the joint MS grade in International Management between Regis University and the University of Ulster in Northern Ireland. Here the determination to travel forward was made really rapidly by the top decision makers in each school. No clip was allowed for the module of each university to acquire to cognize each other and work together before planning. This resulted in miscommunications about course of study, policies, civilization in each state and the schools themselves, every bit good as other administrative issues. When the Numberss of pupils did non happen in the beginning, it was easy to merely end the understanding. Relationship edifice in any concern venture is critical to the success of the venture. In higher instruction it may be even more of import since the success of the joint venture or coaction depends on people wholly. The strength of the Regis-NUIG relationship is a personal 1 between a twosome of persons at each establishment that has led to other personal relationships between module and staff at each school. While there is a common linguistic communication, there are still differences in civilization and model. ITESO is a Jesuit university as is Regis University so there was an bing bond, yet it was the development of the personal relationships between module and staff at both schools that ensured a successful partnership. Fiscal Issues Fiscal issues can be a deal-breaker if non handled suitably in any joint venture, but possibly even more so when working across international boundary lines. The development of a strong trusting relationship will assist both spouses work through struggles that may originate refering who contributes what fiscal and physical resources and how disbursals are accounted for. The relationship with ITESO was assisted by a grant from the First Data/Western Union foundation that provided monies to make some conferences in Mexico for civil sector workers and organisations with ITESO and others taking a leading function in Mexico. The grant besides provided dollars to get down be aftering a certification ( sheepskin ) plan in the civil sector country and for conveying some module from ITESO to Regis during the summer intensives the University holds each twelvemonth. From this get downing the concern and direction modules began speaking about the joint MBA construct which subsequently developed into the current offering between the two schools. There are a figure of ways to develop the concern program that can impact the fiscal resources needed for the successful execution of the collaborative attempt. One theoretical account is to merely hold each school wage for its ain costs and so split the grosss generated. This avoids the job of finding methods for apportioning disbursals. Each establishment decides what budgetary disbursals should be included in the undertaking. It may besides avoid the job of costs at one location being more or less than the other. One disadvantage may be that the theoretical account relies on each to equitably back up the operational disbursals. If the coaction is online there likely needs to be some expression for the on-line production and hosting of the classs. Sharing the grosss besides has advantages and disadvantages. It does presume that there is some equity in the Numberss of pupils recruited by each spouse ; otherwise, it is possible one school is lending more than the other. A 2nd theoretical account is to still hold each school budget its ain disbursals, but have each school keep the grosss it generates through its ain recruiting attempts. This theoretical account might include each school counterbalancing the other when a pupil takes a class ( s ) from the other school. Or each school merely keeps the gross it generates. The advantage to this theoretical account is that it is clear and each school is individually at hazard. The disadvantage is that presuming costs are equal in most instances, one school may bring forth more gross than the other one and therefore the partnership might be uneven. A 3rd theoretical account is to develop a individual agreed upon budget and so apportion costs based on what services and resources are provided by each establishment. It follows that grosss would besides be allocated on a similar expression. This theoretical account ensures that each school is accountable to the whole since each has a interest in the result. Like the old theoretical account the challenge will be to maintain some kind of para in the relationship. Costss for such coactions include: selling and recruiting disbursals, production costs for online development, module and staff costs, aggregations disbursals and other administrative operating expense, and start-up disbursals. Depending on the size of the coaction these can be rather dearly-won to each organisation. Each of these will be dealt with in assorted subdivisions of the paper to follow. Another component of fundss to believe about is the international pecuniary exchange rate and how that is calculated. Historically, the exchange has been based on the U.S. dollar, but in the current economic environment the fluctuation in exchange rates takes on an importance that may non hold been at that place in the yesteryear. If the two schools portion grosss, it can be debatable finding at what point the exchange rate is fixed. Along with the exchange rate is the inquiry of whose currency payments are made in. Each spouse may be bear downing tuition in its ain currency which makes it hard to find if the charges to pupils are tantamount. Such dialogues have had important impacts on the coactions between Regis University and its spouses. The coaction with NUIG requires each spouse to budget its ain disbursals, nevertheless, there is a expression for points such as selling disbursals and some overhead that vary between states. In Europe it is common to non bear down pupils for required texts and to utilize other beginnings, while in the U.S. pupils typically pay for their ain books and more frequently than non text editions are required. How do the spouses determine an just manner of covering with these differences? Both Regis and NUIG agreed on a expression for dividing the grosss earned from pupil tuitions ; of class, during the first few old ages at that place have ever been minor dialogues as to how that works at the terminal of the twelvemonth when the transportation of monies occurs. With the coaction with ITESO, the current undertaking has each school responsible for its ain disbursals including selling and enli sting. Each school besides charges its ain tuition for all classs in the plan and so each spouse compensates the other for those classs taken at the spouse school by its pupils. However, ITESO and Regis University came to an understanding on what the tuition would be for this plan. Compensation for pupils taking classs at the other spouse is in that school ‘s currency. For the Ulster venture, the allotment was more complicated and included negociating all disbursals and costs every bit good as the tuition rate. Each school shared in the budget based on a negotiated expression. This proved to be slightly dissentious. If either establishment is come ining the understanding with the purpose of functioning 1000s of pupils and doing important net incomes they will probably be disappointed. While larning from one another and come ining markets that might hold been out of range are surely worthwhile and come-at-able ends, doing more than a modest net income is non. The financials developed prior to come ining the understanding between Regis University and Ulster promised tremendous net income. The failure of this net income to happen was one more nail in the casket of that venture. One lesson learned was that maintaining it every bit simple as possible is in the best involvement of both spouses. While the ITESO coaction merely late the purpose has been that this theoretical account will ensue in a better direction procedure for disbursals. Merchandise Development Here we speak in footings of course of study development every bit good as production of online classs. It is likely that occupants in each state or part of the universe will hold different demands and desires when it comes to the course of study, how that course of study is offered, and what is expected in the manner of work. The modules at both schools need to come to understanding on what the course of study will include in order to outdo service diverse pupil organic structures. The modules of ITESO and Regis University spent considerable clip working together on placing the acquisition results for a collaborative MBA and what classs might be appropriate and the sum of clip it might take to finish the grades. In the instance of this partnership it was decided that each school would go on to offer classs that already exist. In add-on it was determined that each university ‘s pupils needed to finish the nucleus at the place school and so take five classs from the other school which would transcripted at both. ITESO teaches its classs in Spanish and Regis teaches its classs in English. For the NUIG coaction, each school became responsible for developing half of the course of study, so dialogues centered on what type of classs and content ought to be included and which school is responsible for which courses. This procedure took considerable clip and communications between the modules at each school. For most of the classs each school was able to accommodate its ain class work for the coaction. Regis University and the University of Ulster besides developed a theoretical account where each school developed half of the course of study ; nevertheless, it was decided to get down from abrasion. The construct included both modules working together on the content. This created important jobs in coming to understanding and probably besides contributed to the eventual expiration of the understanding. Production includes finding who and how classs will be written and produced for on-line presentation. It is imperative that the classs be offered on one platform so the understanding needs to specify which school hosts the plan and how the modules of the two schools participate with the development squad. Selling Determining the mark market is a important facet of the coaction. The other inquiry that must be asked and answered is who is responsible for making the selling and enlisting. In the instance of the Ulster coaction, the negotiated understanding stated that while both schools would make selling, Regis University would be responsible for most of the attempt. Ulster would host the classs on its WebCT platform. This proved to be a job since the Regis selling squad had no experience selling a plan in another state and had to play catch up. With both ITESO and NUIG each school markets to its ain market, which seems to be a better attack. This besides means that each school identifies who the mark market will be. In the instance of the Ulster coaction it was Regis University ‘s function to place the European market which proved to be much more hard than idea. Consideration must be given to making marketing surveies in the states to be involved. Such surveies need to include who are the possible pupils, their companies, whether the companies assist in paying the tuition, and what the tuition scope will be. If the coaction will include offering the degree plan beyond the two states, what are the planetary considerations. Agreement is needed between the spouses on what is to be marketed. Here once more cultural differences and regional differences play a portion. What may work in the U.S. is non needfully what will work in Latin America. One inquiry to inquire is whether the possible pupil population is ready and willing to take part in the plan. One premise is that a combined U.S./Latin American or U.S./European grade is something that will be sought after if offered. And if so are pupils willing to make so via the cyberspace. It appears that leting each spouse to make its ain selling is the best option for a figure of grounds. These include cognition of the local civilization and peoples, cognition of the types of selling that work best, and costs included. For illustration in the North American market making internet gross revenues may be a better attack while in Europe direct gross revenues may work better. Technology Technology is non merely the platform and class direction system to be used in offering the coaction. It besides includes cognizing what engineering the possible market has entree to, the set breadth in the states and sub-regions of states, costs of entree to the cyberspace, and even clip zone issues that affect use. Latin America has long used orbiter transmittal and wireless transmittal for certificate/diploma plans since these engineerings have been available. Switch overing to the cyberspace to convey educational plans is a new manner of making this, and the possible pupils need to hold entree to the engineering. And they need to desire to make so. One of the lessons obtained from the Ulster coaction was that the selling survey showed that pupils in northern Europe had ready entree to the cyberspace and to the engineering to entree it. At the same clip the farther South in Europe one went the less likely it was that possible pupils would entree the cyberspace either because of no involvement or because there was non ready entree. A inquiry for the partnership with ITESO is that one time it expands beyond the regional country served by ITESO, will possible pupils have the engineering and entree to take part. In some instances this may necessitate a committedness from the individual ‘s employer to supply entree through the corporate web. Legal and Governmental One frequently does non believe about or see the legal and governmental issues that can be involved in international coactions. This is a important facet of concern partnerships since international trade is governed by many regulations and ordinances. In most academic exchange plans there are few limitations even for double grades when merely one spouse really offers the grade. However, for the types of partnerships addressed by this paper, there are many considerations. First are accreditation issues. For Regis University, the Higher Learning Commission ( HLC ) of the North Central Association of Schools and Colleges ( NCA ) must at least reappraisal such coactions prior to their execution. For the spouses there may be a demand to hold the instruction ministry for the state review the undertaking and O.K. it. Such blessings are required if the grades are to be jointly awarded and the course of study is being shared by both schools. Issues include transcripting of credits and the grades, module makings, academic quality and appraisal, and many other concerns. There may be specific governmental limitations or regulations that must be met in each state. These may be academic constituents or things like pupil funding issues, travel limitations, visa demands if pupils travel between states, pecuniary policies, and contract regulations and ordinances. An interesting obstruction discovered after the partnership was ready to get down in Ireland was the find that Irish Constitution requires any grade offered by NUIG to be entirely awarded by the National University of Ireland. That created jobs since NUIG and Regis had planned on presenting a joint grade for the alumnus grade in package technology. The solution was to hold the pupils decide which state he/she wanted the grade from after which the pupil completed the finishing touch for that university. Besides the grade being awarded from either NUIG or Regis University, the schools jointly give the pupils a parchment that describes the joint venture and that the grade is recorded at each school. The University of Ulster did non hold such jobs since it is located in Northern Ireland which is portion of the United Kingdom. Ulster was authorized to find its ain grade awarding regulations and so it was all right to present a joint grade. However, Ulster believed there were other regulat ions that affected how the plan could be structured. In both instances outside judges needed to be involved at the terminal of each twelvemonth to reexamine pupil advancement and base on balls on whether the pupils met academic criterions. This was something new for Regis University. The stiff regulations in Northern Ireland likely besides contributed to the struggle that finally resulted in the plan being terminated. ITESO must run into the academic regulations in consequence in Mexico ; nevertheless, because of ITESO ‘s position with the instruction ministry, it is authorized to develop a coaction that includes jointly presenting grades. In add-on the Mexican higher instruction system operates in a mode more similar to the United States theoretical account. Another regulative issue involves standards used by the Association for the Advancement of Collegiate Schools of Business ( AACSB ) which frequently requires that both spouses be AACSB accredited. This lone affects concern and direction plans, but since that is the country where most of these ventures will happen the regulation is important. If pupils must go to the other location, in-migration regulations apply. This could be an obstruction for some. Faculty certificates and makings are besides something to see. The accreditation organic structures will interested how each spouse evaluates and assesses the certificates of the module involved. Regis University and its spouses have chosen to follow standards that province that each school accepts the credentialing procedure of the other school. Language Language is an of import factor. Even when the coaction is between an U.S. school and a European one ( including Ireland and the UK ) there are communicating jobs since idioms may be well different and difficult to understand. The issue of linguistic communication is even more of import when the partnership is between an U.S. university and one in Latin America. One inquiry to reply is whether all or some or none of the module demand to be bilingual to take part in the plan? This seems to hold been resolved with the Regis/ITESO coaction. Since the classs taught by ITESO are in Spanish and the 1s taught by Regis are taught in English, it was decided that being bi-lingual is non necessary. It is necessary of the pupils, nevertheless. Clarity is besides something to see in joint ventures. Given cultural and linguistic communication differences it is really of import to often corroborate that all parties are speaking about the same things. Even when there is a common linguistic communication, such as American English and British or Irish English, false blood relations ( i.e. disciplinas and Disciplines ; cursos and coursesaˆÂ ¦ etc. ) further complicate the affair. Frequent rewording and reappraisal aid to get the better of such jobs. As Canto and Hannah ( 2001 ) noted, linguistic communication can be an obstruction and must be considered. Language besides impacts how each spouse approaches selling. Leadership Issues Effective leading is a must in any coaction. The senior leadership/management at both spouses must be actively supportive of the venture. This includes a committedness for both administrative and fiscal support every bit good as supplying ample resources for module. Without such committedness it will be much more hard to implement and keep the coaction. However, such committedness can besides be a negative if each spouse does non affect the in-between direction leaders and module early on. One illustration of where leading ended up being a major job was the coaction between Regis University and the University of Ulster. The understanding to travel forward was made by the Vice Chancellor of Ulster and the petition to take part came from him without much work done to develop the relationship with the Faculty of Business and Management at Ulster. There was opposition to this new venture, particularly since the module believed they were already successful and were non certain they wanted to make this undertaking. Both schools besides appointed module leads who did non pass on good with each other which all excessively frequently met struggle and dissensions. On the other manus, the senior leading at both ITESO and NUIG were supportive from the beginning, but they knew that it was of import to construct the relationship foremost. In both instances the presidents or other senior leaders encouraged coaction and allowed for the relationship to develop. Faculty were besides empowered. This reduced the likeliness there would be opposition and struggle. Any clip there are alterations in leading and/or structural alterations to an establishment it may do it more hard for a fledgeling understanding to travel frontward. Any relationship such as those described in this paper is bound to ab initio be dependent in portion on the personal relationships established between the representatives of the establishments instead than between the establishments themselves. Merely with clip will be relationships become institutional instead than personal and even so it is incumbent on both establishments to proactively work to guarantee the on-going verve of the relationship. Leader support is critical to such enterprises since resources need to be committed and there is a likely demand to use fund long before any plan is really launched. Academic Outcomes Obviously academic quality is cardinal to any coaction. Students in such ventures want to be assured that the grade will be respected and will open doors. One ground pupils will desire to matriculate in such joint coactions is to acquire a place in an international organisation, whether that is in computing machine scientific discipline or concern. This takes on-going and uninterrupted work and coaction between the modules, appraisal of larning results, and guaranting quality experiences for pupils. Part of this includes working with the spouse. For illustration, in the coaction with NUIG, both schools committed to utilizing the outside reviewer theoretical account to yearly measure and measure pupil achievements. Training and go oning instruction for module is critical in such partnerships. Faculty from different states must work collaboratively. To make this these must be commitment to academic quality every bit good as quality and readily available pupil service and advising. Concluding Notes There are first-class grounds to look at organizing international coactions to offer joint grade plans. Such coaction ensures international Bridgess between states and civilizations. In a changing universe environment it may be even more of import that pupils and module, particularly at the alumnus degree, experience international civilizations and instruction. Much of what must be practiced externally in order to do such coactions work is no unlike that which should be in topographic point internally. Transparency, regard for one another, financial duty, realistic outlooks, quality control and a shared desire to function pupils and learn from one another surely will do such coactions more likely to win. It is besides of import to acknowledge that they may non all win and that larning from those that do n't is merely more likely to do subsequent attempts, with the same or different spouses, more rewarding. Jesuit instruction attempts have reached out to the universe since shortly after Ignatius of Loyola brought together his little set of comrades. Ignatian humanitarianism and spiritualty tell us that it is of import to get down with a individual ‘s experiences and so to construct on them, to convey understanding among all peoples. International coactions to offer joint grade plans bring these Jesuit values together across boundary lines and across oceans.

Thursday, August 29, 2019

Philosophy Of Education Paper Essay

As with any successful profession, there must be a strong foundation on which  to build upon. This foundation in the field of education is your personal philosophy of education. Successful teaching includes diversity of every student’s backgrounds, and levels of ability. Without losing sight of goals, my beliefs of teaching and learning are very specific. First, I believe every child deserves to receive an education. No matter their race or income, every child deserves to learn. The are innocent beings, and these children are going to be our future someday. More specifically, the philosophy that I would teach to my students would be Cultural Nationalism. â€Å"The cultural nationalist teacher focuses exclusively on the experience of the oppressed group as the center or pivot of the curriculum† (Asante, p. 4). I want to use what is going on in the world and focus on their cultural experience. This allows children from oppressed groups to feel nurtured in their school environment day by day. Another philosophy that I have is, I believe a teacher should make learning fun for his/her students. When children are having fun at school, It makes them want to come back and keep coming back. Regular curriculum can get pretty boring. Making the curriculum fun engages the students into learning, and helps them understand it better. Also, I believe in staying involved with professional development so we can continuously learn new things. It is important to me to keep using updated technology   in classrooms. â€Å"Matthew Arnold warned that faith in machinery was humankind’s greatest menace† (Postman, p. 36). I do not believe in what  Arnold stated. I think that new technology in the classrooms is constantly helping teachers and the whole education process. Next, I believe in striving to have positive relationships with students and parents. It is very important to have somewhat of a personal relationship with your students and their parents. It really shows that you care as a teacher. Developing positive relationships with your students allows you to understand them more. This allows you to figure out the best way to teach each and everyone of your students. There are times when we encounter students that require a little more effort than others. When we are faced with this type of situation teacher must reflect on the true meaning of teaching. This will enable the teacher to embrace the difference in the learning styles of students and allow the teacher to develop innovative strategies for reaching such a diverse population. Teachers should give all students the chance to let their creative juices flow. With a little nudge and some encouragement there is no end to what a student can do. Teachers must realize that the impact that we have on our students last a lifetime. I can always remember being told knowledge is power. This statement has been true for decades and surely will be true in the future.

Wednesday, August 28, 2019

Nursing research paper Assignment Example | Topics and Well Written Essays - 250 words

Nursing research paper - Assignment Example of this research was to determine the effect of educating diabetic school children and their parents on the various coping skills for the diabetic patients. This was due to the consideration of the fact that, more than any other group, the diabetic children, more so those in adolescents had shown poor response to diabetic medication which according to researchers was as a result of lack of coping skills (Grey 2009). As such the question guiding this research was, â€Å"does the coping skills training (CST) influence the individuals responses to type 1 diabetes (T1D)?† In this research quantative methodology was used, whereby, the researchers established two groups of school children who were diagnosed with T1D. One of the groups was trained on the coping skills while the other was just given the general diabetic education (GE). However, there were certain requirements for the participants whereby they were required to: The researchers anticipated to use one hundred diabetic children as their most effective sample. However, they only managed to use 73 participants whereby, 53 children in the CST group and 20 in the GE group. In the determination of the results of the two groups, CST and GE, a correlation was established by the use of the standard deviation method, whereby 0.5 significance level, would have 98% power to detect a variance among the 2 group means of 04. 99% power to detect a variance among the 3 time means of .051, and 80% power to detect an interaction among the 2 group levels and the 3 time levels of .022, assuming that the common standard deviation is .04. However, this methodology was used on the assumption that the participants were a hundred as earlier intended. Additionally, descriptive statistics was used, whereby it was found that the majority of those who showed significance response to CST were predominately white and of high income (ibid). CST did not have the expected effect on child and family outcomes on the sample of school-aged

Tuesday, August 27, 2019

Solids Conveying Essay Example | Topics and Well Written Essays - 1250 words

Solids Conveying - Essay Example In our everyday life, items need to move from one point to another, for efficiency, for different reasons such as construction, packaging in industries, assembly houses and manufacturing industries. Nevertheless, some of these items are too heavy or bulk for an ordinary person to move them, thus, the need for solid conveying systems. According to (Colijn 1985) conveyor systems are mechanically constructed equipments that help in moving bulk materials from one point to another. Thus, systems make work easier and enhance efficiency in production. A pneumatic Conveying system is a type of system that uses gases as a medium of transportation of materials of any size or magnitude from one point to another. Air is the most appropriate medium of transportation of material in many systems with the exemption of systems that are most likely to have reactors or systems that faces potential threat of explosion of dust particles, which when mixed with air, reduces the productivity of the air as a medium (Klinzing 2010). The productivity of a pneumatic conveying system depends entirely on how it is set up. For instance if a the system is set up with the required standards and protocols, it become efficient and economical to any organization that uses it as it is simple, affordable and easy to maintain during installation and operation. In addition, the system is sealed fully and there is no contact between other moving parts and the system, thus enhances the cleanliness of the system and makes the system environmental friendly. Subseque ntly the pneumatic Conveying system is very flexible especially when the organization decides to have an expansion of the system. These systems are convenient for fine powders or pellets that have densities from about 16 to 3200 kg /m3, thus these systems work efficiently and conveniently with particles of up to 2 inches density in diameter, as this is its general rule for its convenience (Colijn 1985). Pneumatic

The Factors before Implementing Economic Value Added Essay

The Factors before Implementing Economic Value Added - Essay Example One of the most crucial factors that are likely to have significant influence over the implementation process of EVA is the support and commitment from top management of the organization. Since the concept of EVA involves the change in attitude and behavior, it is very important to have acceptance from the top level. Researchers show that EVA and all other aspects that are associated with it will be completely accepted by the employees when they will identify that the top management of the firm has already accepted it. Often it is found that the senior executives are actually half-heartedly committed to the concepts like EVA as their understanding regarding value creation is vague. As a consequence entire implementation process gets affected and this, in turn, affects the company’s performance in the long run. However, according to Stephen F. OByrne and S. David Young, making the senior management, as well as the board, understand regarding the value-based management and EVA i s just a start of the entire implementation process (Young & OByrne, 2001). They have also opined that the executives and consultants have to take additional responsibilities and convince the top management and board of the company regarding the importance of value creation and the role of EVA (Young & OByrne, 2001). Once, this starting phase is completed, key strategic decisions regarding program design have to be taken. It is very important to consider the factors like EVA centers. It is crucial to define the EVA centers for a particular organization. In other words, organizations need to identify how far down the organizational hierarchy the EVA concept will be implemented. In order to define the EVA centers, existing profit centers can be taken into consideration.      In addition to this, there are two other important factors that have to be taken care in the process of implementing EVA in an organization.

Monday, August 26, 2019

The Impact of the Nursing Shortage Essay Example | Topics and Well Written Essays - 1000 words

The Impact of the Nursing Shortage - Essay Example The long-term impact of the nursing shortage will become increasingly more significant in several areas. The primary concern will be the impact it has on the ability of nurses to provide quality health care. With fewer staff, nurses are required to work longer hours and assume additional responsibilities. Overworked nurses, burdened with fatigue and job stress, are more prone to accidental errors and a reduction in timely medical attention. A survey of registered nurses indicated that 79 percent of hospital employed RNs believed that short staffing contributed to a reduction in the quality of patient care. A long-term and escalating nursing shortage could contribute to the 98,000 deaths per year due to medical errors as reported by the Institute of Medicine in 2000. Aside from the important issue of the quality of patient care is the factor of rising health care costs. As the labor supply of qualified nurse's shrinks, the competition for nurses increases. A wage war may result from the shortage and will contribute to the rising costs as hospitals increase the wages and compensatory packages for their staff. Costs associated with temporary hiring practices have also increased due to the shortage. While an increase in wages may seem to benefit the nurses, increased demands may not be worth the cost. Nurses working extended shifts and longer hours may come under increased scrutiny from administrators and government regulators struggling to eliminate the human errors and the increased cost of malpractice insurance.

Sunday, August 25, 2019

Acting style Essay Example | Topics and Well Written Essays - 500 words

Acting style - Essay Example An acting style is the way a play is presented or the way an actor portrays his character. Â  It can refer to quite a few different things - like period acting (roles that take place in a different earlier, era, place or society), or stylized acting (such as the very specific styles used Restoration comedies etc.), or it may refer to verse acting (such as Shakespeare), or proper classical acting (such as ancient Greek plays), or to the early "declaiming" acting (a very stiff, presentational style directly aimed toward the audience), or to modern-day acting (such as we see today in contemporary comedy and drama where actors act realistically). Â  Two major classifications of acting style can be made as presentational and representational. Where representational refers to modern realistic acting and representational refers to the more formal or exaggerated acting styles of old (Kernodle) In 1971, Alan Schneider directed an historic video taped performance of Samuel Becketts Krapps Last Tape, starring Jack MacGowran. The play dramatized an old mans struggle to repossess his youth by searching through reels of audiotape. The style of acting adopted by MacGowarn is simple and realistic as is characteristic in contemporary cinema. He conveys the old mans age and disability (he is nearly half-blind) through body movements and literally no dialogue at all. There are no other actors and the only props are a single table and chair in an otherwise empty room. The film is totally focused on the old man and his every expression. MacGrowan uses his facial and subtle body movements to convey his infirmity and even the joy and difficulty at eating a banana is emoted with great ability and expression in total silence. In 1964 Camera Three, New York, NY produced a short film featuring James Cahill, John Heffernan & Roy Scheider based on excerpts from Ben Jonsons 17th century comedy of

Saturday, August 24, 2019

Business ethics Essay Example | Topics and Well Written Essays - 2000 words - 1

Business ethics - Essay Example These issues not only affect an individual but also affect the organization and the society at large. Various issues related business ethics have been witnessed throughout the semester but job discrimination stands out as the most serious issues according to the journal entry considerations. Job discrimination leads to many problems that go beyond affecting an organization is various ways to causing a serious psychological effect to the discriminated employee. Job or employee discrimination involves unequal treatment of two individual having the same qualifications for a particular job or task. It could involve preferring one employee for an available post to others because of distinct characteristics. These distinctive traits may be skin colour, origin, religion, gender, race, nationality, or any other distinctive traits among individuals. The United States Equal Employment Opportunity Commission witnessed a number of cases concerning employee discrimination at the workplace. This b usiness issue led a number of employers to face charges against such ethical issues in their businesses and organizations. Workplace discrimination is seen as morally wrong and is moreover expensive for businesses and employers. Some of the consequences that businesses face due to employee discrimination are low working morale, high turnover, and legal action among other effects. This happens irrespective of the form of discrimination exercised in the workplace of any organization (Becker 1971). Discrimination in occupation and employment may take various forms. The discrimination can also take place in various work settings but the impacts of such discrimination actions are seemingly similar. Discrimination entails different treatment of individuals due to certain characteristic, which mainly include colour, sex, and race. This discrimination results business issues such as impairment of opportunity and treatment equality (Anonymous Employee 2013). Discrimination therefore reinforc es employment inequalities in the workplace. Employment discrimination is an ethical issue, which brings restrictions on the freedom of people in developing their various capabilities, choosing, as well as pursuing their professional aspirations (Floten 2004). There is hardly any regard for employee abilities when deciding who to choose for a particular job specification, or when promoting individuals based on various requirements by an organization. In such a case, it would be difficult for a business to initiate a good working environment where skills and competencies can be developed adequately (Schulz 2005). The same ethical issue would create an environment whereby rewards to work are completely denied but instead, workers go through many cases of humiliations, job frustrations, as well as a feeling of powerlessness towards achievement of certain goals. This aspect comes from the fact that some employees feel that they are discriminated or some of the workers are favoured more than others are (Murphy & Enderle 1995). The problem of job discrimination still persists in many countries despite the various programs that have been initiated to curb the ethical issue and the effects of the problem. The problem becomes even worse as people of different origins, skin colour, and race interact in the work environment of all world economies. Discrimination in employment is mainly seen in cases whereby people of common attributes

Friday, August 23, 2019

Elements of a Binding Contract Essay Example | Topics and Well Written Essays - 2750 words - 1

Elements of a Binding Contract - Essay Example The elements in each case will be evaluated against the standard of contract validity. Question 1. In Chong vs. Lee, the first and foremost finding is that a contract never existed. Their agreement fails in every way to meet the legal definition of a contract because of fundamental defects, so there was no contractual agreement to breach or sue to enforce. Way Lee offered to sell five reconditioned motorbikes to Chong for a set price, but Chong didn’t accept Lee’s offer; he deferred his answer indefinitely, saying he would â€Å"think about it.† No contractual agreement was created at that time because there was an offer but no acceptance and both elements must be present to create a valid contract. When Chong wrote to Lee a week later, he included additional sale conditions, specifically regarding painting the bikes. No contractual agreement was achieved in this instance, either. By changing the terms of Lee’s original offer, Chong was effectively making a counteroffer, and implicit in a counteroffer is a declination of the original offer, which then ceases to exist (Graw, 2002). The Postal Rule states that an acceptance is considered conveyed and takes effect at the time it is deposited in a valid postal receptacle or given to a legitimate postal worker properly prepared for posting. A contract would have been formed even if the letter had never been received by the other party. See Adams v. Lindsell (1818). But that rule would not apply here, the main reason being that the letter Chong posted was not a simple acceptance of the original offer, but a counteroffer and Lee could not have been presumed to have agreed to it without any knowledge of it. Even if Chong’s letter had been a simple acceptance of the original offer, a question would have arisen as to whether Lee had intended his original offer to Chong to remain good for a week or whether such a length of time would be deemed reasonable by a judge.

Thursday, August 22, 2019

Jadelink Market Essay Example for Free

Jadelink Market Essay Comentario en Internet de Harvard Business Review : â€Å"The experienced entrepreneurial chief executive officer (CEO) of Jadelink International Limited strives to create a modern jewelry brand representing a new perception in jade. The CEO has achieved early success of growing sales rapidly and bringing Jadelink products to Shanghai, the trendiest city in China. But the company wants to expand business to the Asian and international luxury goods markets. This requires intensive capital to continue to build up the company scale. This case examines the consideration of venturing a new business in the China market, managing business growth and acquiring venture capital. It also allows discussion of factors leading to a successful entrepreneurship and dealing with business highly associated with industry tradition, people connection and product design and innovation†. Q1: How would you characterize Chung as an entrepreneur? What lessons did he learn in the past few years as an entrepreneur? See the comments on above Kent Chung us the CEO and founder of Jadelink International Limited, company based in HK. He is an accountant that worked for Deloitte Touche Tohmatsu (DTT) and then he started his own accounting Firm. He likes business and he likes to be an entrepreneur, he: * Sold cosmetics in HK. He learned that he invested a lot in expensive furniture there. * Sold Silk stocks (medias de seda) in Lo Wu * Published Puntonghua (mandarin) Books. * Opened a Cigar shop that currently still operates in a four stars hotel (with profits). * He lost HK $12 millions in an investment of an online education project. In this case, he learned that people want pleasure and looking good, not inspiration or education. The key point is to know the desires and trends of consumers. He summarized the lessons as follows: * Business startup: Team spirit, company infrastructure, work coordination, trust. * Entrepreneur: Hard work, multitasking, flexibility, pressure-resistance, independence * Drivers of a company: Clear business direction and product familiarization. Mastering financial foundation is important. Luxury Market Tea. First Chung bought a tea garden in 2004. Rich Chinese started to buy expensive/premium tea. Problems faced: Farmers knew what leaves are better and they keep them for themselves. Picking tea in an intensive labor, the farmer did well but the motivation dropped quickly once they make enough money to live leisurely. Manage farmers was hard. Jade Business Jade was more suited for Mr. Chang. His wife studied gemology and his younger brother’s father in law (el suegro de su hermano menor) was a veteran of the industry that known everything of sourcing and stones cutting. Jewerly market in China was booming. He founded the company Jadelink International Limited in 2005, with the investment of a Silent Investor, and his wife. Q2: What was the value proposition of Jadelink? Jadelink controlled all the operation flow Material Purchasing and processing. * Product design, manufacturing and retailing took place in different subsidiaries. * Team in HK: Design * Plant in Foshan (Guandong province): Cutting, slicing and polishing. * Several Contractors and Artisans in HK were outsourced (for final phases of the process) in order to avoid dependence of one of them. a) Jadelink conducted market research, ask for customers’ feedback, and design according customers taste. In addition, they have an exclusive technique in stone-cutting enabled Jadelink to use almost 2/3 of a jadeite rough to make the maximum number of jewelry items. b) Chung use to ask to candidates to probe their abilities spontaneously (designers mainly). Chung selected excellent professionals to build up the company. How did Chung succeed in starting up Jadelink? Once the company â€Å"Jadelink† was founded, Chung only took 25 months to set up: * A heading office and retail store in HK * A manufacturing plant in Foshan * 8 retail shops at vantage points in Shanghai * A company website and e-business in Japan * In 2008 there are more than 80 employees. Asi o mas exitoso 3. What did Chung do to establish the company? He has a very clear idea: Jade is precious for Chinese, but if one wants to buy jade jewelry, would the person think of any particular company The initial investment was approximately HK $ 30 million. * Chung $ HK 10million (cash) * Silent Investor $HK10 (cash) * Wong (wife) invested her stock of jade merchandise 4. Outline the current problems facing Jadelink. How did these problems arise? In 2006, Jadelink had sales of a couple of million HK dollars, which increased several times in 2007. In the first two months of 2008, when the sales volume was three times the sales for the same period in 2007, the business broke even. Chung was confident that no potential competitors could emerge fast enough to threaten Jadelinks business in a few years. Therefore, he wished not only to open 30 to 50 shops in all major cities of China but also to promote the brand internationally, expanding to Taiwan, Singapore and Japan, making Jadelink a leading player in the industry. Chung believed that Jadelink was good enough to survive well in the market with this existing scale. However, if he wanted to push the growth of Jadelink forward, he would have to expand the company within five years, which would require an estimated RMB100 million (about 16 million dollars) investment. As Jade industry is capital-intensive, there is too much capital being backlogged in the raw jadeite. The production period usually lasts long, which puts a lot of pressure on capital turnover. Besides, the payback period for a Jadelink shop is two years and it requires about six months for a counter in a department store. As a result, though the company has started to make profit, the existing amount of cash flow is not satisfying enough. More stores and years are required to obtain enough funding to implement Chung’s plan for expansion. If Chung chose to develop at a conservative pace, using the company’s retained earnings, he might miss the opportunity to grow with the expanding China market. Also, potential competitors could also emerge. Therefore, Chung decided to obtain external funding from venture capitalists and other forms of private equity. Internal management problems as the management system was not clear enough. Practices were not recorded, and there is a lack of clear guidelines and training manuals. Q5: What were the issues that caused Chung to obtain external funding? In the eyes of venture capitalists, his company was small and few investors understood the jade industry or recognized the market potential. Chung was concerned they were treaty Jadelink as on their pretty production divisions and simply put it under the existing structure without recognizing his vision and Jadelink’s strengths. Q2: Give recommendations for promoting the expansion of Jadelink. 1. Optimize the internal management system. Jadelink should record practices and set up clear guidelines and training manuals. As Jadelink expands, the company will come across more problems in daily activities. Some of the problems may be similar so there is no need to discuss how to handle it every time. With clear guidelines and training manuals, employees will know how to deal with the affairs under certain circumstances. 2. Attract professional staff. Since the policies〠customers’ preference〠culture and resources are different in varies countries, Jadelink should hire experts who have a good knowledge of each country in order to adjust to and broaden the market. Designers are supposed to know one country’s custom and culture well so that they can manufacture products which cater for the need of customers in different countries. 3. When searching for external funding, Chung had better choose the investors who would respect his effort and vision in addition to focusing on the monetary value of Jadelink. Thus the investors would feel an attachment to the company and be able to relate to their own affections for the company, and they will have the same target as Chung, which is to transform Jadelink into a world-famous brand. Otherwise investors may hold different opinions against the CEO, which would make the operation and management difficult.

Wednesday, August 21, 2019

Education - Gymnasium Essay Example for Free

Education Gymnasium Essay Title Education is everywhere in the world. Individuals are learning here and there. Everyone would agree that education is a fundamental way of life. Education is obtained learning from multiple people such as parents, friends, teachers and even other surroundings. Every individual is educated and taught differently. Education should be built not only on the text that lies within a book, but should also be base with everyday life. Agree on McCullough and Oliphant perspectives because grades and how life is not revolved around grades. | Grades should not be based on how smart an individual is. Although Oliphant â€Å"Letter to a B Student† wrote â€Å"Your performance is generally assumed to correspond to the knowledge you have acquired and will retain (137). † They could be really intelligent or ignorant, but the letter grade they receive defines who they are. The letter grade that most individuals want to receive is an A, but others settle for the best they can receive. In McCullough speech â€Å"You’re Not Special† he says â€Å"Where good is no longer good enough, where a B is the new C, and where the midlevel curriculum is called Advanced College Placement (McCullough). † Even the ones that try their hardest on something might have a difficult time trying to comprehend the material. They worry about the grade they might receive and it stresses them out. There are individuals that just brush off or brag about the grade they received to make the others feel bad about themselves. For example, one student might have taken an exam that they studied for and failed; the other student did not study and passed. Individuals like to brag about their grades that they probably do not deserve. | How life is not revolved around grades because it is more than that to life. Oliphant said â€Å"Your grade does not represent a judgment of your basic ability or of your character (137). † People think that individuals such as students that do not make a high grade that they are not trying their best at what they are doing. There are a lot of wealthy people that are wealthy without grades defining them. Some of them could have made low grades when they were younger and people said they would not be successful it because they are failing everything. There are a handful of successful individuals that did not make it far in school, but is doing something good with their life. Individuals should not judge people because of several failing grades they could be more intelligent than everyone thinks they are. McCullough talks about â€Å"You’re not special, because everyone is (McCullough). †In conclusion, grades should not define a person on what they make on a paper. People should not judge a person by a low grade or high grade. Agreeing with McCullough and Oliphant perspectives. People are more intelligent than individuals think they are. | Works CitedMcCullough, David. â€Å"You’re Not Special. † Myfoxboston. com. Fox Television Stations, Inc. 6 June 2012. Web. 22 Feb. 2013. Oliphant, Robert. â€Å"Letter to a B Student. † Writing on the River: An Anthology. 3rd ed. Boston: McGraw-Hill, 2012. 136-142. Print.

Tuesday, August 20, 2019

Personal Helicon Seamus Heaneys Analysis

Personal Helicon Seamus Heaneys Analysis Springing Forth: An Analysis of Seamus Heaneys Poem Personal Helicon Seamus Heaneys title choice for his poem Personal Helicon is rooted in ancient Greek mythology. Helicon is the name of a mountain in Greece. In Greek mythology, two springs sacred to the Muses were located here: the Aganippe and the Hippocrene.(Mount) The muses are goddesses of inspiration and the source of knowledge. Mt. Helicon is also where the fable of Narcissus takes place. Where Narcissus falls so in love with himself, and becomes so despondent when he realizes that he cannot have the object of his own desire, he takes his own life at the side of a spring. Narcissus and the other elements ascribed to Mt. Helicon are heavily used in his poem to help the reader grasp the meanings behind the quatrains. While reading it is important to remember the fables of Mt. Helicon, that the springs on the mountain were the source of inspiration itself. Thus the title of the poem must be specifically drawing parallels between the mountains springs and his sources of inspiration while a child. Unlike the unchanging mountain, Heaneys inspiration undergoes a paradigm shift has as he grows older. One of the voices in this poem goes over the progression of this change, and tells the story about his inspirations. Personal Helicon is dedicated to another poet, a contemporary of Seamus, Michael Longley from Belfast. It is unclear if Michael is the inspiration for the creation of this poem, but the two had worked together for some time during their careers. Before Seamus career, he was given birth to, and grew up on a farm in Northern Ireland. If the poem is taken literally, one can assume a good number of springs were present around his familys farm. As such it comes as no surprise that they are a strong reoccurring theme of his childhood, and poem. The poem is five quatrains based around 10 syllables in a 1,2,1,2 and 3,4,3,4 rhyming scheme. There are also a number of assonant effects: [ÊŒ] pumps/ buckets; fungus/ bucket plummeted [É’] drop/ moss; hovered/ bottom [Éâ„ ¢ÃƒÅ Ã…  ] rope/ so/ no;   [É ª]in/ brickyard/ rich; big-eyed Narcissus/ inyo/ spring/ is/ dignity; [u]   new/ music; [eÉâ„ ¢] scaresome/ there; [ai] rhyme/ myself;(Fawbert) and interweaves: [É ª] [ÃÆ' ¦]: dry ditch fructified like/ aquarium; same combination of sounds [É ª] [ÃÆ' ¦] creates a chiasmic effect: pry into/ finger slime;(Fawbert) In this poem, he with such elegance explains the world to himself, and himself to the reader. It is no wonder he is considered one of the greatest living poets. Likely he was compelled by others as much as himself to revisit his journey of becoming poet. And of course this can only be done through poem. Using wells and springs as a way of personal reflection and understanding of the natural world, Seamus begins the reader at his childhood. Seamus uses simplistic language and grotesque imagery to bring forth from the reader a sense of childhood. He is filled with curiosity and naivety. In the first line it becomes established that wells are a source fascination for him. Wells conveniently are a symbol of life. Here is found the effective beginning of his, this new passion for what he lives for. These strange doorways to underground worlds held untold mysteries which were irresistible to the young child. As so were the devices that brought forth the mysteries from the depths of these worlds. The old pumps with buckets and windlasses divinely attached devices that could cross the veil between worlds, may as well have been huge light up neon signs. Sirens whos beckoning call could not be resisted. It is amazing he survived childhood. Little Seamus couldnt help himself though, he loved the dark drop, the trapped sky, the smells of waterweed, fungus and dank moss. Not just full of synthesia, this bit is only synthesia. It pulls anyone who has ever been outside right back there. It invites the reader to experience the smells not of decay, but of the beginning of life. It asks the reader to peer into the darkness and the unknown. In this still primordial setting, the image of a young child staring into the darkness comes easily. He stares into the unknown and wonders how it got there, begging the reader to come explore with him. What are the origins of this life here in the well? How can the sky, something so big, get a bit of itself trapped in the well? And what other wonders lay hidden in the darkness? Let us turn the windlasses, and pull up the bucket. The empirical evidence brought forth will illuminate us all, but answers will only be had after repeated results. Seamus brings us to another well, and another stage of his life. Here he is older and wiser. Danger is starting to become apparent to him. In this well he brings us to, he explicitly notes that there is a rotted board top. The thirst for knowledge appears slated now. Here novelty and entertainment is the main draw. Not much to do on a farm, he spends time savoring the rich crash when a bucket Plummeted down at the end of a rope. The well here is so deep you saw no reflection in it. Probably because it is full of allegories, and not water. The well is deep, but like all things it may be a symbol for, be it life, inspiration, or knowledge, there is an end. There is a bottom to everything, and Seamus is starting to get near to the end. However there is still darkness, and in the darkness there are yet things for him to learn. And from the description of the bucket, the hard sounds, the violent action, these things will be learned the hard way. Onto another well, and another stage of life. Heaneys third quatrain brings us to a shallow one under a dry stone. This well, though drying up is still teaming with life. If the depth of the well is taken his level ignorance about the world around him, then at this point there is not much left. He describes himself as dragging out long roots from the soft mulch, where he discovers a white face hovered over the bottom. This transitions him from learning about the world, to learning about himself. He no longer peers into the darkness or back up into the sky, the world is no longer reflected, and his time for introspection begins. Roots are frequently a symbol of family and traditions. Here before he can look at himself, he must clear them away. His doing so can be considered an act of removing societal customs and traditions. To be able to see who he is, to let the person underneath come out and play, to experiment in being. Described in playful ways, Seamus talks about his self-exploration and experimentations in being by describing his activities with even more wells. Using echoes he calls into the wells to listening to the mutations. This is a direct parallel for his imagination. Playing out what if scenarios in his mind to see how the changes play out. At least until he received a fright. When while peering deep into his reflection one day, a rat slapped across my[his] reflection and scared him. It distorted his image into something disfigured and horrible. As Nietzsche once said when you gaze long into an abyss the abyss also gazes into you.(Nietzsche, 146) Assuming his gazing into his reflection is him taking an introspective look at things, then the rat is just a convenient device used to explain how he found something inside himself that was disturbing. As is often the case, ones conceptualization of themselves is not what one truly is. When the difference is great, or goes against ones own moral or social values it can be frightening. This time, it seems to have been so freighting as to put him off of it altogether. No longer does he stare into wells. Seamus looks down upon exploring the wonders of the world. pry[ing] into the roots, to finger slime is unfitting the man he has become. He considers looking into himself directly narcissistic. Having grown into an adult other matters have taken precedence. His childhood activities are now beneath all adult dignity, and he must find alternatives. Summed up in the last, and arguably his best line we find salvation. I rhyme to see myself, to set the darkness echoing. The echo in the darkness much like the echo in the wells, we find the act of poetry has taken the place of gazing into wells. And we find him once again being able to live.

Should Drugs Be Allowed In Sports? :: essays research papers

Drugs have been around for thousands of years but their reasons for being used has changed. Drugs were originally intended for medical uses. In ancient Egypt, physicians prescribed tannic acid to treat burns. The early Chinese and Greek pharmacies included opium used as a pain- killer, while Hindus used cannabis and henbane plants as an esthetic. With the advances in technology drugs have become more helpful yet more deadly.   Ã‚  Ã‚  Ã‚  Ã‚  Since drugs have become easier to get they have also become more popular with young people and competitors in sports. During the mid-nineteenth new drugs emerged from the laboratories athletes started to be experimented on. The French tried using caffeine to enhance their performances. While other Europeans were mixing cocaine and heroin to give them extra energy they called this drug â€Å"speedball†. In 1886 this deadly mix contributed to the first drug related death in sports by taking the life of a cross-country cyclist. Today the drugs have changed dramatically many athletes have done or are on anabolic steroids, amphetamines, depressants or what are known as â€Å" brake drugs†.   Ã‚  Ã‚  Ã‚  Ã‚  Anabolic steroids are chemicals that are similar to testosterone, the male sex hormone. Steroids are used by a number or young people to enhance their muscle mass and increase their performances. While anabolic steroids are successful at building muscle, they can damage many human body organs, such as the heart, kidneys and liver. Steroids are taken by injection or in pill form, after steroids enter the bloodstream; they are distributed to organs and muscle throughout the body.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Forty-eight percent of high school students use steroids to improve athletic performance. Steroids can increase performances for athletes but steroids also affect the mind and character of the person. Some effects of steroids are impaired learning and hearing, violent behavior, and overly aggressive behavior. When women take steroids they start to show signs of masculinity such as deepening of the voice, increase in body and facial hair also the skin starts to roughen. Anabolic steroids give the one who takes them an unfair advantage in athletic competition. The advantage that they receive is not the same as natural born characteristics of ability.   Ã‚  Ã‚  Ã‚  Ã‚  Another drug that some professional athletes seem to have an obsession with is cocaine. Cocaine was considered to be the drug of the eighties and it proved to be especially in the sport of baseball. During the 1980’s cocaine seemed to be the drug of baseball.

Monday, August 19, 2019

The Himba of Southwestern Africa and the Implications of the Nation State :: Essays Papers

The Himba of Southwestern Africa and the Implications of the Nation State For over five centuries, the Himba people have breathed the â€Å"hot and filmy† air of the Earth’s oldest desert, raising fat, prosperous herds of livestock in a shrewd network of grazing lands, and honoring their ancestors through ancient sacred fires and venerated grave sites (Crandall). Anthropologists suppose â€Å"the Himba's [ancestral] firelight has been flickering . . . since the 1600s, when they arrived as part of the great Bantu migrations from the north† (Salopek). Unbeknownst to them, the arid and volatile beauty of Southwestern Africa has provided the Himba the world’s best cultural haven from violent confrontation and influence of foreign power (Salopek). However, this desert haven is no longer a refuge from racial discrimination and environmental destruction: in an ironic twist of history, the Himba are now threatened, not by European colonists, but by their own Independent nation state governments. In the past, foreign wars and encroaching Western colonists left the Himba relatively untouched. However, globalization has wrought a new government mind in Namibia and Angola: progress is profit at all cost, which translates to extensive tourism and unquestioned governmental river and land exploitation through hasty damming projects. As both independent governments now urgently move towards Western ideals of ruthless progress, the international community must respond to Southwest Afrcia’s government proposals for Angola’s Iona National Park and Namibia’s Epupa Falls Dam. 25,000 semi-nomadic Himba â€Å"peasants†, divided between Southern Angola and Northern Namibia boarders, now fight for their rights to choose the way of their future. In the struggle for Himba sovereignty, these two cases stand out as blaring war cries of Himba cultural and political rights under attack. Smeared with otjize, a blend of butterfat and powered iron ochre for protection against the arid climate and blistering sun, the Himba are physically distinguishable as the â€Å"Red People† on the gold and brown landscape of Southwestern Africa ( Crandall). â€Å" In scattered encampments [or homesteads] of 20 to 30 people† the Himba â€Å"drift with the seasons to new [settlements] in search of water and grazing lands† (Bensman). Tending to semi-permanent gardens of maize, pumpkins, and melons, the Himba primarily live off the yogurt and butter fat of their livestock (Ezzell). As animals are sacred to the Himba, the passing of an elder is the only momentous occasion for cattle to be slaughtered. By transferring ancestral fire to the exact place of burial, community life is physically and internally centered on the fire.

Sunday, August 18, 2019

Teleportation :: essays research papers

Teleportation   Ã‚  Ã‚  Ã‚  Ã‚  If I had a chose between two superpowers, to turn invisible or flight, I would break the rules and choose to have the ability of teleportation. I was ready to answer right away, but I put some thought into this question, such as the capabilities and limitations of these superpowers.   Ã‚  Ã‚  Ã‚  Ã‚  If I fly, can I carry people or objects just by touching them (ala Superman 2)? Would I be able to carry something, someone equal to, or more than my own weight or would this be too much of a challenge while flying? I would probably worry about enough sufficient oxygen, since flying requires air to work, just as swimming requires water. The higher I go the more lack of oxygen, the slower I will travel in proportion to the thinning air, therefore no flying in space. In addition, it is very important to remember I am not invincible. Therefore, if I try to fly through a brick wall, I would definitely injure myself; this also applies if I collide with a plane or bird. If I would choose to be invisible, I hope that everything I am wearing will turn invisible too and I would not have to strip naked or anything. If other invisible people want to, fine, I am not going to stop them. More power to them for being comfortable with there body. I hope that this would not be required. If I am invisible, would I have a small invisibility aura surrounding me, and would the things caught in that aura go invisible? If I pick something up, does it turn invisible, or does it just float there or if I drop something, would it be visible again, whether I like it or not? For example, if I was wearing an invisible baseball cap, and threw it in the air, would it be visible after leaving my hand? In addition, would it be invisible again if I catch it? If I want that hat to be invisible, do have to tuck it under my shirt (ala Harry Potter's invisibility cloak), or turn visible and then back invisible to catch the stuff I am holding. Therefore, if I were going to choose this superpower, God forbid, if I rob a bank, and slip into the vault, I would have to stuff the money into my pants and shirt to avoid the cheesy movie effect of money floating out of the bank.

Saturday, August 17, 2019

Computer Hacking and Cyber Crime Law Essay

COMPUTER HACKING AND CYBER CRIME LAW History of Hacking According to (Clifford R.D. 2006) a cracker or cracking is to â€Å"gain unauthorized access to a computer in order to commit another crime such as destroying information contained in that system†. These subgroups may also be defined by the legal status of their activities. Eric S. Raymond (author of The New Hacker’s Dictionary) advocates that members of the computer underground should be called crackers. Yet, those people see themselves as hackers and even try to include the views of Raymond in what they see as one wider hacker culture, a view harshly rejected by Raymond himself. Instead of a hacker/cracker dichotomy, they give more emphasis to a spectrum of different categories, such as white hat, grey hat, black hat and script kiddie. World Of Hacking Hacking is the practice of modifying the features of a system, in order to accomplish a goal outside of the creator’s original purpose. The person who is consistently engaging in hacking activities, and has accepted hacking as a lifestyle and philosophy of their choice, is called a hacker. Modifying the features of a system. Gaining an unauthorized access to a computer system. Breaks into a system security. Refers to the hobby/profession of working with computers. It also about learning how a system works and how to make it do things it wasn’t designed to do, or you haven’t got the privileges to do. Hacker A hacker is someone who seeks and exploits weaknesses in a computer system or computer network. Hackers may be motivated by a multitude of reasons, such as profit, protest, or challenge. The subculture that has evolved around hackers is often referred to as the computer underground and is now a known community. White Hats – good Gray hats – good or bad Black hats – bad Script kiddie A script kiddie (also known as a skid or skiddie) is a non-expert who breaks  into computer systems by using pre-packaged automated tools written by others, usually with little understanding of the underlying concept—hence the term script (i.e. a prearranged plan or set of activities) kiddie (i.e. kid, child—an individual lacking knowledge and experience, immature). Blue hat A blue hat hacker is someone outside computer security consulting firms who is used to bug test a system prior to its launch, looking for exploits so they can be closed. Microsoft also uses the term Blue Hat to represent a series of security briefing events. Hacker Code Of Ethics Levy (1984) suggests that there is a â€Å"code of ethics† for hacking which, though not pasted on the walls, is in the air: Access to Computers – and anything which might teach you something about the way the world works – should be unlimited and total. Always yield to the Hands-On Imperative! All information should be free. Mistrust Authority – Promote Decentralization. Hackers should be judged by their hacking, not bogus criteria such as degrees, age, race, or position. You can create art and beauty on a computer. Computers can change your life for the better. CYBER CRIME LAW Senator Angara is defined as any illegal and criminal act activity committed on the internet. State Policy Regarding Cyber Crimes The State Recognize.. 1. The vital role of information and communication industries such as content production, telecommunication, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development. 2. The importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communication technology to attain free, easy and intelligible access to exchange and/or delivery of information. 3. The need to protect and safeguard the integrity of computer, computer and communication systems, network, and databases and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and  illegal access by making punishable under the law such conduct or conducts. Cyber Crimes Offenses 1. Offenses against the confidentiality, integrity and availability of computer data and systems. A. Illegal Access – The intentional access to the whole or any part of a computer system without right. Element of Computer System There must be a device a group of interconnected or related devices. At least one of the devices performs automatic processing of data pursuant to a program. The device need NOT be connected in a network as long as it consists of both hardware and software and have input, output and storage facilities. Element of the offense of illegal Access 1.There must be an intentional access in whole or any part of a computer system. 2. The person who attempts, or is accessing, or had already access the data has no right to access to the system. â€Å"An Authorized person may not be authorized.† B. Illegal Interception Interception – refers to the listening to, recording, monitoring or surveillance of the content of communication. Elements of Illegal Interception 1. It must be intentional. 2. It must be by technical means. 3. The person involved is without any right to do the intercept. 4. The transmission of computer data to, from, or within a computer system is non-public. 5. It must not fall in any exemption. C. Data Interference Intentional or reckless alteration of computer data without right. C.System Interference Intentional or reckless hindering without the right of the functioning of a computer system by inputting, transmitting, deleting or altering computer data or program. MisUse of Devices The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: – device, including a  computer program, designed or adapted primarily for the purpose of committing any of then offenses under this act; Or -a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act; CYBERSEX AND CHILD PORNOGRAPHY CYBERSEX -Any person who establishes, maintains or controls, directly or indirectly any operation for sexual activity or arousal with the aid of or through the use of a computer system, for a favor or consideration. Child Pornography -refers to pornography depicting sexually explicit activities involving a child. It may use a variety of media, including writings, magazines, photos, sculpture, drawing, cartoon, painting, animation, sound recording, film video, and video games. Child pornography is divided into simulated child pornography and pornography which was produced with direct involvement of the child (also known as Child Abuse Images.) For a person to be guilty of cybersex as defined by the cybercrime law, all the following elements must be present: There must be an operation for sexual activity or arousal; The sexual activity or arousal is done with the aid of or through the use of a computer system; The activity is done for a favor or consideration. The operation is/ was established, maintained or controlled by a person directly or indirectly. From the above, element no.3 should NOT have been included by our law makers. What is the Penalty for this Crime? Any person found guilty of the cybercrime of cybersex shall be punished with imprisonment of prison mayor or a fine at least Two Hundred Thousand Pesos ( Php 200,000.00) But not exceeding One Million Pesos (1,000,000.00) or both. Sec. 5 Other Offenses: The following acts shall also constitute an offense: 1. Aiding or abetting in the Commission of Cybercrime– Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. 2. Attempt in the Commission of Cybercrime– A prosecution who willfully attempts to commit any offenses enumerated in this Act shall be held liable. Sec. 6 Liability under other Laws A prosecution under this Act shall be w/o prejudice to any liability for violation Of the Revised Penal Code, as amended or special laws COMPUTER-RELATED OFFENSES: Computer-related forgery Computer-related Fraud Unsolicited Commercial Communications 1.) Computer-related Forgery -(a) the intentional input, alteration, or deletion of any computer data w/o right resulting in inauthentic data w/ the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless, whether or not the data is directly readable and intelligible; (b) the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. 2.) A pe rson is guilty of forgery if: (a)With purpose to defraud or injure anyone; OR (b) With knowledge that he is facilitating a fraud or injury to be perpetrated by anyone; the actor: 1.) alters any writings of another without his authority; 2.) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize the act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or 3.) utters any writing which he knows to be forged in a manner specified in the revised penal code. Elements of Computer related Forgery. First type of Offense â€Å"ACTIVE COMPUTER RELATED FORGERY† (a) There must be an intentional input, alteration, or deletion of any computer data without right; (b) The result is an inauthentic data; (c) The intent is to use the inauthentic data to be considered or acted upon as if it is authentic Second type of Offense â€Å"PASSIVE COMPUTER RELATED FORGERY a) There must be an existing inauthentic data brought about by the elements of ACTIVE computer-related forgery. b) Knowingly acting on the inauthentic data for the purpose of perpetuating a fraudulent or dishonest design. 2.) Computer Related Fraud If A had a loan from his cooperative and the only evidence of such loan is the records stored in the cooperative’s computer system, A with intent to procure economic benefit, changed the source code of the system’s program so that on an particular date, the system will hang and immediately cause the malfunctioning of the said system. Thus, A can easily deny that he still has an obligation to the cooperative. 3.) Unsolicited Commercial Communications -The transmission of commercial electronic communication with the use of a computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless a. There is a prior affirmative consent from the recipient; or b. The following conditions are present: i. The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (‘opt-out’) from the same source; ii. The commercial electronic communication does not purposely disguise the source of the electronic message; and iii. The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce in the recipients to read the message. BLOG Blog can also be used as a verb, meaning to maintain or add content WHAT IS BLOGGING ? – A new form of expression where in you express your thoughts and ideas about a specific topic . BLOGGERS : Tina Hamilton is a veteran journalist , a social media guru and a aspiring blogger who enjoys covering a wide range of topics. She currently works with a professional SEO consultant in her attempt to gain an education in the industry John Charles Edward â€Å"Carlos† Pamintuan Celdran also known as CARLOS CELDRAN† He is truly proud of being a Filipino as his blog Celdrantours tries to change how the world sees Manila. Through his blogs. INTRODUCTION With the emergence and popularity of blogging as a new form of expression, the coverage of defamation laws has extended to cyberspace. The consequences is that, people who are adversely affected by writings in this medium is bringing lawsuits to protect their name and reputation. While the Philippine Constitution protects bloggers’ right to free speech and expression, this does not give them unfettered license to write to the detriment of others. This Chapter discusses the person’s right to free speech and expression while respecting the person’s honor. This chapter aims to equip the reader relevant knowledge to supplement his skills in determining whether or not a certain form of expression is within the scope guaranteed by the Constitution. Bases of the Guaranteed of the Right of Freedom of Expression Two (2) Philosophical Bases for the Guarantee of this Right Discovery of truth For self-government In the case of US vs. Bustos (37 Phil. 731), in which the defendants were charged with libel of a public officials for statements made Mr. Justice Malcolm, writing the opinion of the Court, said: â€Å"Public policy, the welfare of society, and the orderly administration of government, have demanded protection for public opinion. The inevitable and incontestable result has been the development and adaptation of the doctrine of privilege.† `â€Å"A public official must NOT be too thin-skinned with reference to comment upon his official acts.† Scope of the Freedom of Expression Article III, Section 4 of the Phil. Constitution says: â€Å"No law shall be passed abridging the freedom speech, of expression, or the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.† Article III, Section 18(1) of the Phil. Constitution says: â€Å"No person shall be detained solely by reason of his political beliefs and aspirations.† Question: But how can we determine the scope of this expression? According to Justice Isagani Cruz, an authority in Constitutional law, the ideas that may be expressed under this freedom are NOT confined only to those that are sympathetic or acceptable to the majority. To be really meaningful, it should permit the articulation of even the unorthodox view, though it be unfriendly to or mocked by others, or â€Å"induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.† Justice Holmes said that this right exists NOT so much for the thought that AGREES with us as for the thought that we detest. From this comes the famous statement from Voltaire: Voltaire â€Å"I may NOT agree with what you say, but I will defend to the dead your right to say it†. Freedom from prior restraint or censorship Prior means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. Freedom from subsequent punishment The freedom from prior restraint would set at naught if the citizen would hesitate to speak for fear of vengeance that he might suffer against the officials he criticized. Limitations on the Guarantee Case: Tulfo wrote an article in his column in PDI ‘On Target’ on October 13, 1989, stating that the Supreme Court rendered an idiotic decision in legalizing checkpoints, and again on October 16, 1989, where he called the SC stupid and â€Å"sangkatutak na mga bobo justices of the Philippine Supreme Court†. There are 2 kinds of publications which can be punished for contempt: 1.Those whose object is to affect the decision in a pending case 2.Whose object is to bring courts to discredit Standards for allowable subsequent punishment TEST CRITERION 1.Dangerous Tendency Test There should be a RATIONAL CONNECTION between the speech and the evil apprehend 2.Clear and Present Danger Test There should be a clear and present danger that the words when used under such circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent 3.Balancing of Interest Test The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The courts will then decide where the greater weight should be placed LIBEL A legal term for something written which is harmful to a persons reputation. – is a defamation committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibition, cinematographic exhibition, or any similar means. Libel is punished by our Revised Penal Code which states: Art. 353. Definition of Libel. – A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Art. 354. Requirement for Publicity. – Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: 1.A private communication made by any person to another in the performance of any legal, moral or social duty; and 2.A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or any of statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions Art. 355. Libel means by writings or similar means. – A libel committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibitions, cinematographic exhibition, or any similar means, shall be punished by prison correctional in its minimum and medium periods or a fine ranging from 200 to 6,000, or both, in addition to the civil action which may be brought by the offended party. DefamationElements of Defamation For a person to be convicted of defamation, the following elements should be present. 1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance. 2. The imputation must be made publicly. 3. It must be malicious. 4. The imputation must be directed at a natural or juridical person, or one who is dead. 5. The imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. Absolute Privileged Communication To illustrate, let us recall the privileged speech delivered by Sen. Revilla in the Senate last 2009, in that instance, he called Dr. Hayden Kho â€Å"Maniac†. Buwang itong doctor na ito. Baliw, Mr. President,† he further said. Qualified or Conditionally Privileged Communications Under this privilege, the freedom of the liability for an otherwise defamatory utterance is conditioned on the absence of express malice or malice in fact. Thus, in re:Tulfo (supra), notwithstanding the freedom of the press guarantee of the Constitution, the respondent was severely censured because there is malice brought about by a disrespectful language. A good example which will illustrate the absence of malice in rendering fair and true report is the case of GMA Network vs Bustos (G.R. No. 146848 October 17,2006). Interpreting The Libelous Statement The alleged libelous article must be construed as a whole (Jimenez vs. Reyes, 27 Phil.52) The Meaning given by the writer nor by the offended person is Immaterial. If the libelous statement shall be interpreted by the writer, then the writer can easily escapes by giving an interpretation to the effect that malice is not present. On the other hand. If the offender person is the one who will interpret the libelous article, he can easily imputes malice against the writer to hold him liable. Meaning of Publication Publications does not mean that the defamatory statement should be published in the newspaper of general circulation, televised in national television, neither by refereed ISI Journal, etc. There is publication when the communication of the defamatory matter is made to some third person or persons( People vs Atencio, Dec 14,1954) Thus, If Juan sent a letter to Pedro which reads: â€Å"Pablo is a thief†, this is sufficient publication. ‘ Identification of the Party is Required in the 4thElement A blind item writer cannot be guilty of libel , as long as the person defamed cannot be identified. Thus, if the blind item states: â€Å"The wife of the pound for pound king†¦Ã¢â‚¬  Although the name is not expressly mentioned, the person can be easily identified, so the writer may be liable. General Rule: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, Exception: Except in the following cases: {This is the exemption to the general rule; here malice is NOT presumed} A Private communication made by any person to another in the performance of any legal, moral, or social duty; and A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. Going back to our previous example, if Juan sent a letter to Pedro which reads: â€Å"Pablo is a Thief† , it is presumed that that there is MALICE on the part of Juan. It means that the law presumes that Juan is prompted by personal ill-will in making the communication to Pedro. Now, suppose Pablo really is a thief, will the law still presumed malice on the part of Juan? Yes, unless Juan has good intention and justifiable motive in making communication. Thus, If Pedro is looking for a cashier in his department store Juan will be justified in making the communication so that Pedro won’t hire Pablo who applied for the cashier position. The same holds true if the message was sent through an e-mail and/or text messages. Relevance of Knowing the Presumption of Law If the case falls under the general rule, that is, malice is presumed, it is the writer or the accused who has the burden of proof. Hence, the complainant will NOT be obliged to prove that there is a malice on the part of the accused. The accused will have to produce evidence that his claim against the complainant is true. Do not be confused, the accused is the writer that is why he is being accused of libel because he is the one who wrote the libellous statement. The complainant is the offended party, that is, the person defamed that is why he is the one complaining. If the case falls under the exemption, it is the complainant who has the burden of proof like in the case of GMA Network vs Bustos, wherein Bustos, the complainant failed to prove that there is bad faith or malice on the part of GMA in showing the alleged malicious report. Libel in the Internet After reading the necessary materials pertaining to an individual’s right to freedom of expression and the libel law, we are now ready to study its application using the internet as its medium. Let us start our study with the following scenario. Libel in the internet or e-libel is within the Scope  of Libel Defined in the Revised Penal code The case of Bonifacio vs Jimenez (supra), unfortunately, was misinterpreted by some because they cite this case to support their opinion that e-libel is beyond the ambit of libel provided by the Revised Penal Code. According to them since the SC had dismissed the case, it is already settled that e-libel cannot be punished in our jurisdiction. I beg to disagree. If you will read the full text of the case of bonifacio vs Jimenez, it is very clear that Jimenez did not win the case because of the wrong choice of option. If Jimenez simply alleged in the information that they are (or at least one of the offended parties) presently residing in the City of Makati at the time of the commission of the offense, that is enough to vest jurisdiction to the RTC-Makati and enable the letter to hear and decide the case on the merits. The case was dismissed because RTC-Makati failed to acquire jurisdiction of the case NOT because there is no e-libel in our country. Another argument is that, â€Å"at the time the revised penal code was enacted, there is no internet yet, hence, the legislature could NOT have intended to include internet as a medium. To address this argument let us reproduce the pertinent provision of the libel law regard to this, thus: Art.335.Libel means by writings or similar means. *A libel committed by means of writing, printing, lithography, engraving, radio, phonagraphy, painting, theatrical exhibit, cinematographic exhibition, or any similar means (big emphasis supplied).