Louis Paul Pojmans Argument Essay Example | Topics and Well Written Essays - 750 words - 1

Louis Paul Pojmans Argument - Essay Example Man is a social animal and it is difficult for him to lead an isolated life. We are connected to many entities in this world and therefore our actions may affect others also. For example, if a person committed a crime, the police will interrogate all his relatives and family members in order to collect evidence. In other words, the crime committed by a person may affect others as well. If one person kills another, the relatives of both the killer and the killed will be suffered along with the killer. The person who was killed may have a wife, parents, and children. The wife lost her husband whereas the children lost their father. The parents lost their son and the neighbors might have lost a good friend. Same way the killer may also have all the same entities and they also will suffer because of the killer’s criminal act. In other words, even if the criminal is a single entity, many other entities suffer because of the actions of the single entity. In short, even if we arrest the criminal and punish him, the persons who lost their beloved one may not get much in return. Under such circumstances, Pigman's arguments seem to be good on paper, but in practice, it is difficult to achieve. It is a fact that we deserve what we earn. But it is difficult to limit the earnings within ourselves because of the complex relationship within the human community. Human has emotions and feelings and it is difficult to lead an emotionless or feeling less life. We can argue that the hardworking fellows should be rewarded properly whereas criminals or culprits should be punished. But we cannot argue hardworking fellows always get rewards whereas the criminals always get punishments. At the time of writing this paper, world cup football is going on.     

My Understanding of Parents-Children Relationship Essay Example for Free

My Understanding of Parents-Children Relationship Essay During the past twenty years of my life, I was always regarding my parents as extraordinary and authoritative models of my life. I adored them so much as if everything they had done was not only right but also great. As for my parents, they paid much attention to setting a good example for me since I was a little girl. The situation lasts and I have never thought of any possible changes in the relationship between my parents and me. However, after reading the passage Predictable Crises of Adulthood written by Gail Sheehy, my old understanding of parents-children relationship is replaced by a totally new one - nothing remains unchanged forever and the parents-children relationship is no exception. Actually, there are changes in my relationship although I did not detect them before reading the passage. As I mentioned above, my parents were regarded as the models of my life and this impression was established firmly from my early childhood, influencing me greatly during the past years. In my eyes, they were so preeminent that they could have everything done well. In fact, they were intent on setting an example to me by building up such kind of holy and authoritative image in my mind. However, as I was growing up, I gradually found that my parents were not the God. It was impossible for them to control everything in life and sometimes they were confronted with difficulties. In the recent years, with the broadening of my horizons, I gain my own beliefs, some of which are quite differently from that of my parents. I find that they are no long as holy and remote as they used to be. Now my parents and I am sharing a more equal relationship. On the one hand, they respect my opinions, treating me as an adult. On the other hand, I would like to consult with them whenever I am confronted with difficulties. Therefore, the relationship between my parents and me has changed. They are no long holy and authoritative, but amiable and friendly. They are more like my friends rather than parents. In the next decade when I become a mother, my relationship with parents will be likely to get into a new stage. My parents are such good models of my life that I firmly believe that they are excellent and extraordinary parents. As a result, it is quite possible for me to develop similar parenting pattern. Also, my parents will certainly offer me suggestions whenever I am confused. The role of my parents in the  relationship changes again. At this stage, they will become my model in terms of parenting. At the last stage of their life, parents may become too old to take good care of themselves. Thus, special care for them will be needed, which will wholly shift the relationship between my parents and me. There exists an interesting phenomenon: the senior tend to become more childlike when they are getting older and older, while their children, who are at the best stage in their life, become the reliance of their parents. Thus, the roles of my parents and I will exchange as the process of life. I, in return, will take care of my old parents just as they took care of me years ago. The relationship will go to the opposite side of the one in the earlier stage of life. Except for the love between parents and children, nothing remains unchanged forever. The relationship between parents and children changes as the stage of life processes. These changes are inevitable, just as the life cycle goes on. We should accept the changes positively and face them bravely. Only by adopting the right relationship at the right stage can one lives a better life with the relationship between parents and children.

The Lincoln Administration Pursuit of Freedom Essay -- essays research

The Lincoln Administration Pursuit of Freedom There are many ways to describe what freedom is; in fact Webster’s dictionary offers nine different explanations of what the word means. â€Å"A right or the power to engage in certain actions without control or interference,† is one of the most ubiquitous definitions. There are many ways to describe freedom and American history has portrayed it in very contradictory manners. In the late 1700’s, it was very obvious that America’s forefathers sought freedom as they based their revolution on the principal of emancipation but it was only a short while later that the freedoms of others within the country were being inhibited by slavery. Slavery inhibits civil liberties and in a land of equal opportunity, such as America, needed to be removed. Freedom and slavery have always been closely related but the issues that surround the terms have been handled very differently by the leaders of the nation. Abraham Lincoln, the sixteenth president of the USA, is a key fi gure against the oppression of people and an activist in the struggle to remove slavery and gain freedom for all. Freedom is an antonym of slavery. After years of fighting to gain independence and essentially freedom from the King of England, America became a slave endorsing entity. This era of American history is a bit of a paradox, why would people fight so hard for justice just to take away the freedoms of another people? In the United States, Slavery existed primarily in the southern states. In 1800, there were nearly 900,000 slaves in the U.S. only 40,000 of which were in the Northern states. It was in the south where large plantation owners bought people to perform grueling manual labor. These dark skinned people were literally worked to death on many occasions and rarely saw any form of retribution from their owners. Men, women and children alike had their civil liberties ripped from them at birth and were treated like misused animals for all of their lives. Many people believed that this treatment of African Americans was inhumane but sadly did not act to stop the brutal imprisonment. Many of society’s earliest leaders â€Å"regarded slavery as evil and inconsistent with the principles of the Declaration of Independence.† However they hesitated to take political action to prohibit the enslaving of people because many southerners saw the ownership of slaves was... ...tizens all within its borders. The suppression of one person’s rights while another is allowed to take advantage of those lost liberties no longer has a place in this world. Abraham Lincoln ensured an undivided country and abolished its reason for separation by reinstating the true meaning of the Declaration of Independence. Lincoln guaranteed freedom and justice to all of this country’s citizens as his forefathers who led the American Revolution had intended. Works Cited: Cox, LaWanda C. Fenlason. Lincoln and black freedom : a study in presidential leadership. Columbia, S.C.: University of South Carolina Press, 1981. â€Å"Liberty," Microsoft ® Encarta ® Encyclopedia 99. Microsoft Corporation.  © 1993-1998 â€Å"Lincoln, Abraham," Microsoft ® Encarta ® Encyclopedia 99. Microsoft Corporation.  © 1993-1998 â€Å"Slavery in the United States.† Microsoft ® Encarta ® Encyclopedia 99. Microsoft Corporation.  © 1993-1998 The American Heritage ® Dictionary of the English Language. Fourth Edition Houghton Mifflin Company:  © 2000 Wightman Richard Fox, and James T. Kloppenberg, eds. A Companion to American Thought. Cambridge, Mass.: Blackwell Publishers, 1995.

The Definition of Private Essay example -- Definition Essays

The Definition of Private Anyone who has ever received one of those pesky telemarketer phone calls during dinner most likely understands the idea of a private phone number. No one likes to have their phone line invaded by paid phone operators who just want your money. Working long and hard on a group presentation regarding technology threatening/improving privacy, one can realize that the word private has several different connotations and meanings. Yet, when generally facing the word, it usually means the opposite of public. Looking at An American Dictionary of the English Language, private is noted as something unconnected with others, and even sequestered from company or observation. Therefore, this could be something that was taken away, or just something that stands unaccompanied. The word private is often linked to the word alone. A private beach house, for example, is located in an area on the beach where no one else resides. While these definitions further distinguish things which are private from those which are public, Dictionary.com explains private as something...

Gender Bias in the Religion Essay

The term â€Å"religion† refers to a human spiritual approach which comprises of practices, beliefs, and symbols which have a supernatural quality or significance. This gives a follower of a given religion the meaning to the life experiences in reference to the truth. The question of whether there is gender bias in the religion has triggered many debates and discussions in the past and in the modern society. In order to determine whether there is gender bias in the religion, one requires knowing about the history of the major religions that exist and the state of women and men in the religions. The claims that gender bias exist in the religion emanates from the opinion that women seems to be oppressed in the religion. However, some argue that gender bias has been promoted by application of religious beliefs in a negative way. Every religion has defined roles of both men and women and these differences have played an important role in promoting gender bias. In all the religions, gender bias is linked to the dominant role that men play in the religion and in the society. The religious perception of who men and women are and their role determines is an important factor in determining whether gender bias in the religion exists. In this paper, the question of whether religion bias exists in the religion will focus on some of the most popular religions in the world; Christianity, Islam, Judaism, Hinduism and Buddhism. Arguments on why each of these religions is considered to have gender bias will be presented. In addition, the beliefs in the religions that speak against gender bias will be discussed Discussion Gender bias in Christianity Christianity is a religion whereby the religious beliefs and practices are based on the teachings of Jesus Christ. Christians are expected to follow the teachings and the religious beliefs that were taught by Jesus. In Christianity, gender bias is linked to the dominant role of men in the religion and the society as compared to that of a woman. According to the Bible in Genesis1:26-28, both man and woman were created equal and in God’s image. Contemporary criticism of Christianity has been attributed to its gender bias. According to the Bible, the origin of sin is considered to have come from the woman. Some people have used this religious teaching to consider women inferior to men. Another argument that is presented to justify gender bias in Christianity is that almost all the writers of the Holy Scriptures were men, with the exceptions of the book of Eshter. Only a few women participated in the writing of the scriptures. However, women have a strong presence in the Holy Scriptures. These women include, Eshter, Naomi, Deborah, Rachel, Mary Magdalene, and the Virgin Mary. Christian beliefs and attitudes have varied based on the societies within which the Christians have lived. Because Christianity through its holy scriptures prescribe gender roles for both women and men, lack of involvement or minimal involvement of women in church leadership is considered to be gender bias in the religion. Women until the second half of the twentieth century were not allowed to take part in ecclesiastical and pastoral office duties. Only men were allowed to undertake religious duties in these offices. This traditional stance of Christianity still remains influential in some Christian denominations (Gilbert, 2006). For instance, the Eastern Orthodoxy, the Roman Catholic and the Complementarian Protestants still have men dominating the church leadership. Although women may participate in church leadership, their role is minimal as compared to the men’s dominant role. For example, the top leadership positions such as those of bishops, archbishops, and priests are reserved for men while women play a minor role in top leadership. The fact that women have a little role to play in the religions’ top hierarchy is considered to be gender bias in Christianity The role of women in the church is considered to have been overlooked, downplayed or denied throughout the Christian history. The minimal participation of women in religious duties contributed to the domination of men in the society and in government leadership. During the Patristic age, only men were allowed to take the religious teachings offices and sacramental ministry. The Christian society for a long time has not considered it right to have women serve in the church top leadership However, in the early centuries, the Eastern church allowed women to participate in church leadership to a limited extent by ordaining women as deaconesses. The Western church reserved the position of deacon for men only. In the ancient churches such as the Roman Catholic, Coptic Church and the Eastern Orthodox Church, church leadership continued to be reserved for men only. Up to date, these churches have the position of the pope, bishop, archbishops, and priests strictly reserved for men. Women serve the church as nuns. Another argument that is presented to support gender bias in Christianity is the selection of all Jesus’ apostles as men (The Good News Bible, Mark 3:13-35). Christians believe that Jesus was the son of God who suffered, died, and resurrected for their salvation. Jesus is considered to be the Christians’ model of a virtuous life, a physical incarnation of God, and a revealer of God’s message. The New Testament gospel is a written account of Jesus life. According to Christianity, Jesus had twelve disciples who were all men whom he appointed to be the leaders of the church. This is viewed as the reason why church leadership is often reserved for men. Because priests represent Jesus, then having male priests is considered to be right. Women are not ordained as priests in Christian churches which still hold the traditional stance of having church leadership received for women. Gender bias in Christianity is attributed to lack of ordination of women as priests. Women can only work as nuns but cannot be elevated to the positions of priests, bishops or pope in religious hierarchy (Roman Catholic). In the ancient Christian societies, only men served as priests. In early Christianity, the religious law makers or the Pharisees applied religious laws that discriminated women . According to the Good News Bible in John 8:1-6,the Pharisees brought an a woman to Jesus who they claimed had committed adultery. According to the Pharisees, the law of Moses required them to stone her to death. Jesus told them that the only one to stone the woman would be the one who had never committed a sin. None of the Pharisees stoned the woman. Jesus showed mercy to the woman due to the injustice that was being done to her since no punishment was being given to the woman’s sexual partner. Apart from such treatment against women by the traditional Jewish societies, rules that were put in place portrayed women as inferior to men. For example, men were not supposed to speak to women publicly. Modern Christianity teaches against such treatment based on Jesus’ teachings against the discrimination of women. Christianity advocates for men as the head of the family (McGrath, 2006). A woman who was created from man is meant to be a companion and a helper to a man, a belief that has made man to be viewed as superior to a woman . The application of this belief has promoted gender bias in the church and in a Christian society. The superiority of man over a woman which is supported by the scriptures has continued to influence the perception of women. The doctrine of Holy trinity in Christianity has been used to argue that men are the best suited in representing Jesus who is the son of God, who is also considered to be â€Å"Him† just like in Islam and Judaism. Although Christianity has been criticized for promoting gender bias, it has also spoken openly against ill treatment of women. In the story of creation, man and woman were created differently but they were supposed to work together as equals. A man and a woman in a marriage are meant to love and respect each other (The Good News Bible, Ephesians 5:31-33). The early Christian society which discriminated women (the Pharisees) was criticized by Jesus. In addition, Jesus preached against injustice on women and showed compassion towards them. Christianity is said to acknowledge the important role of a woman because Jesus who is the Christians’ model of a virtuous life accepted women, including those who were seen to be sinners. In the early church, women were depicted to be teachers, leaders, and apostles (Rebecca, 1997). The New Testament through the letter of Paul to Timothy preaches against discrimination. Apostle Paul asks Christians to treat each other well with respect, and the younger women with absolute purity. In Galatians 3:38 the Bible states that â€Å"there is neither Jew nor Greek, slave nor free, male nor female, for you are all one in Christ Jesus† . These teachings oppose roles that promote gender bias. The church has continued to promote the important value of women through the Virgin Mary. However, the issue of gender bias in the church has led to the formation of women’s movements with the aim of changing the role of women in the church. For example, the â€Å"Christian feminism† movement is trying to challenge some traditional Christian interpretations of the Holy Scriptures which define the role of women. The modern debate on gender has promoted Christian feminism and Christian egalitarianism arguments. Gender bias in Judaism Judaism is based on the Hebrew Bible which is also referred to as the Torah. The Hebrew Bible is the first section of Tanakh and it comprises of the books of Genesis, Exodus, Leviticus, Numbers, and Deutronomy. Some Jewish laws are not written in the Torah. Those that have been derived from the textual hints are referred to as Oral Torah. The religion just like in Christianity has defined roles for men and women (Elyse, 2008). Women are not allowed to become religious leaders in Judaism. In addition, priests are supposed to marry pure women (Leviticus 21:13-14). The Talmud passage in Reboot 61a-b indicate that priests should not marry a woman who is barren unless he has a wife and children. A barren woman is considered to be a â€Å"faithless wife†. Women do not participate in church leadership although various women such as Miriam (prophetess) and Rachel are recognized in the religion. In the traditional Jewish societies, the women were allowed to play the roles of prophetesses and Nazirites despite their minimal role in the religious matters. Jewish women were expected to participate in religious rituals. Orthodox Judaism portrays gender bias when women were exempted from studying some advanced Jewish texts although the evolutions of the orthodox society has resulted changes in such practices. Traditional Orthodox rabbis in the contemporary society oppose the change of Judaism accepted norms of observance to promote gender equality. These changes include the modern Orthodox Judaism support for more advanced education for Jewish women. Furthermore, the issue of whether women should study Talmud is still controversial in modern Orthodoxy. In traditional Orthodox Judaism, women are not allowed to serve as witnesses in a rabbinical court. The traditional exclusion of women testimony as advocated by Judaism is seen as discrimination against women. Jewish women are not ordained as rabbis, although rabbi – like positions for Orthodox women have now been created despite many followers opinion that ordaining women as rabbis goes against the Jewish law. The Torah in the book of Exodus 21:10 support polygamy which is considered to be gender bias against women (Rabinowitz and Harvey, 2007). Despite the gender bias in Judaism, several women are recognized as role models in the scriptures. Modern Judaism has now allowed active participation of women in reading the Torah, serving as a cantor, and being part of the Minyan. Gender bias in Conservative Judaism has triggered changes that aim at including mixed seating and promoting synagogue corporate leadership. Reform Judaism now promotes equality of women and men, encouraging women to participate in religious rituals earlier reserved for men. Gender bias in Islam Islamic teachings are based on the teaching of Prophet Muhammad, where the Muslims are required to observe the five pillars of Islam. Theologically, Islam promotes equality of men and women. The Muslim society however is seen to establish a distinction between men and women. According to the Islam teachings in Al-Baqarah, 2:228 â€Å"and women shall have rights, similar to the rights against them, according to what is equitable†, women are equal to men. However, the different status and responsibilities for men and women in Islam depends on the religious interpretations. According to the Quran 49:13, Islam promotes equal treatment for both men and women (Stowasser, 1996). Gender bias in Islam is attributed to the Sharia law due to its promotion of practices that are to the disadvantage of the women. The Sharia law prevents the mixture of both men and women at the places of worship and the traditional interpretations of Islam are considered to allow polygamy for men. This is seen by some as against the equality of both men and women. Muslim women are not allowed to take religious leadership positions in Islam and a suggestion for women to become imams is criticized and disputed by many. Medieval Muslim women had problems accessing religious education as compared to the men. Women cannot be allowed to lead mixed prayers in the mosque since worshipping at the mosque is done with women and men in separate places. The women’s’ freedom of movement and travel is limited by the Sharia law, and women should only travel together with a male relative (Mumisa, 2002). For instance, the prohibition of women to drive in some Muslim societies is considered as the Sharia law discrimination against women. Although this was a move to promote a woman’s safety, Muslim women are sometimes prohibited from driving. Some Muslim women have been discriminated against due to extremist Islam beliefs. For example, in Afghanistan women have in the past been denied access to education and job opportunities. Islamic law has also undermined the involvement of women in leadership and it promotes gender –biased inheritance rules which are considered to oppress women . When giving evidence in a court according to Sharia law, a women’s evidence is counted as half that of a man’s evidence. Islam support polygamy and Shiite Islam is criticized for allowing mota or Sigheh where men can exercise a temporary marriage, and women are expected to submit to such practices. Muslim men are allowed by the Sharia law to marry non – Muslim women, while the same does not apply for Muslim women. Muslim women under Sharia law should not interact with men who are not their relatives unless in presence of a male relative. This is viewed as discouraging social interaction of women with other members of the society (Safi, 2003). Despite the ill treatment of women in Muslim societies that promote Sharia law, Islam promotes equal rights and dignity for both men and women. It has been argued that gender bias is linked to Islam not because the religion is biased but due to the practices that exist in Muslim societies. Islam provides women with an equal status to that of men in theory and in practice. The women are assured of financial security through inheritance whether it’s during marriage or in case of divorce and widowhood. Islam recognizes a woman’s’ role as a wife and as a mother, and it does not prohibit her from seeking employment. Islamic teaching defines men and women as recipient of† divine breath† due to their creation with the same human-spiritual nature and both men and women are acknowledged by Allah as His trustees on earth (Yvonne et al, 2006). Gender bias in Buddhism Buddhism is a religion whose teachings are based on the teachings of Siddhartha Gautama. Buddhism comprises of two branches, Mahayana and Theravada. Buddhists uphold the four noble truths (Eliot, 2003). Women Buddhists can easily integrate with other members of the society and are given an honorable place in the society. Buddhist women even in the ancient times were able to access religious knowledge and participate in religious ceremonies. However, womens’ religious roles differ from those of men. For example, religious women are not able to perform religious duties similar to those of the monks. Buddhism teaches that a marriage is a contract between equals. Gender bias is portrayed in the doctrine of Karma and rebirth in Buddhism which supports inherent male superiority. Furthermore, gender bias in Buddhism can be seen in the domination of men in religious leadership. Though Buddhist nuns can hold important religious positions, they are categorized as a group than can occupy a niche in the religious realm and secular world. Buddhism considers women as religiously insufficient hence they have to depend on men to make merit. The religion allows multiple spouses for a man and only one for a woman Both men and women in Buddhism are able to realize nirvana equally, although the paths of realizing it vary. Gender equality is promoted in Mahayana Buddhism since it allows the ordination of women to serve in religious duties as Bhikkhunis. Bhikkhunis are also referred to as Buddhist nuns. Buddhism promotes spiritual equality for both men and women a belief that prevents supremacy of males in the religion. This had Buddha acknowledge the spiritual potential of both women and men. For instance, the order of Bhikkhunis or nuns represents the important role of a woman in Buddhism. The Sasana is comprised of Bhikkus (Monks), Bhikkhunis (Nuns), laymen, and laywomen. This ensures that women are not segregated from religious activities. Unlike in Hinduism, funeral rites in Buddhism can be conducted by a widow or a daughter hence the birth of daughters only is not considered as a misfortune. However, male offsprings are preferred in Buddhist societies due to the ideology of male superiority. Gender bias in Hinduism The most authoritative text of Hinduism is the Vedas. The position that is given to both men and women depend on the specific text and context of the Vedas. For example, positive reference to women is given in the Ramayana and Mahabharata, while restriction on the role of women is given by the Manu smriti (Michaels, 2004). Gender bias in Hinduism is seen in the religious practices. For example, the birth of daughters with no sons becomes lamentation due to the importance of a male offspring in funeral rites. When a father dies in a Hindu community, only male offspring are allowed to assure a family of its happiness by carrying out funeral rites. A wife without a son is therefore superseded by a second or third wife. Male children in this case are highly regarded unlike the female children. The religious practice of Sati is criticized for discriminating and giving harsh treatment to women. The sati in Hinduism encourages the immolation of women after their husband’s death. Although women willingly take part in sati, many cases result from societal inducement or compulsion. Examples of women who are mentioned in Hindu Holy Scriptures to participate in Sati Vasudeva’s wives (M Bh. Mausalaparvan 7. 18) and Madri (M Bh. Adiparvan 95)). The Hindu religious practices promote discrimination of females due to the culture of payment of dowry, which makes female children to be viewed as a burden to the family. The religious customs of having the bride’s family pay dowry to the groom’s family has had many female children looked down upon with cases of female infanticide being witnessed . In Manu VIII 416-417,the ownership of property by women is restricted and alienation of Hindu widows from the society has also been attributed to female infanticide. Marriage of females at a very early age and denial of women to marry again after the death of a husband are gender bias religious practices that are still witnessed in some Hindu societies. Apart from the above arguments that support gender bias against women in Hinduism, the religion supports the participation of women in religious rituals. In addition, both men and women can learn about the sacred texts of the religion and women have been appreciated due to the representation of some deities in the religion as females (Williams, 2005). Conclusion Whether there is gender bias in the religion is an issue that has triggered heated debates from the people all over the world, especially the religious leaders. In various societies, gender bias has been witnessed. While some gender bias has been attributed to the religious beliefs and practices of the society members, some bias has been attributed to the culture of the people and not the religion. Various arguments have been presented to prove whether there is gender bias in the religions that exist. Some arguments support the notion that there is gender bias in the religion. In all religions, the beliefs, traditions and values that are advocated for greatly influence the way of life of the followers. Therefore,the role that different genders play in the society and in fulfilling religious duties are linked to the religious beliefs and traditions upheld by the members of a given society. This is why gender bias that exists in the society is related to the religion. References Eliot, C. 2003. Hinduism and Buddhism: A Historical Sketch, vol. I (Reprint ed. ), Munshiram Manoharlal Elyse G. 2008. The Women’s Torah Commentary: New Insights from Women Rabbis on the 54 Weekly Torah Portions. Jewish Lights Publishing Gilbert, B. 2006. Beyond Sex Roles: What the Bible says about a Womans Place in Church and Family, Baker Academic McGrath, E. 2006. Christianity: An Introduction. Blackwell Publishing Michaels, A. 2004. Hinduism: Past and Present (5th ed. ), Princeton University Press Mumisa, M. 2002. Islamic Law: Theory & Interpretation, Amana Publications Rabinowitz, I. , and Harvey, W. 2007 â€Å"Torah. † Encyclopaedia Judaica. Ed. Michael Berenbaum and Fred Skolnik. Vol. 20. 2nd ed. Detroit: Macmillan Reference USA Rebecca, G. 1997. Good News for Women: A Biblical picture of gender equality, Baker books Safi, O. 2003. Progressive Muslims: On Justice, Gender, and Pluralism. Oneworld Publications. Stowasser, F. 1996. Women in the Qur’an, Traditions, and Interpretation, Oxford University Press The Good News Bible. 1976. American Bible Society, Harper Collins Publishers Williams, P. 2005. Buddhism: Critical Concepts in Religious Studies, Routledge, London & New York Yvonne, H. , Kathleen, M. , and Jane, S. 2006. Muslim Women in America: The Challenge of Islamic Identity Today. Oxford University Press

Essay about Online Ethics Assignment

Essay about Online Ethics Assignment Essay about Online Ethics Assignment There are many interesting and surprising facts that I have found in the Radio Television Digital News Association’s Code of Ethics. The first things that I noticed is that many of points overlap between the main codes of conduct: public trust, truth, fairness, integrity, independence, and accountability. There is an overarching theme among the rules, which is that journalists are expected to be â€Å"trustees of the public†. It is interesting that there is a lot of emphasis on journalists being held up by the public to such a high standard of trust. It is more interesting to see the emphasis on journalists having an obligation to holding up that standard. As I understand it, that is due to the fact that the public’s source of information regarding what goes on in the world are journalists. The code of conduct that was most interesting to me is the one on integrity. The code make that point to refrain from â€Å"extended coverage of events or individuals that fails to significantly advance a story, place the event in context, or add to the public knowledge.† This rule is complemented in an earlier code by the rule to guard against over simplification of issues and events. These two complementary codes are interesting because they warn against something that I see done a lot in radio and television journalism. It was also very interesting for me to read that using confidential sources is mainly frowned upon in journalism, especially since I think of great and important news stories

Over a Dozen Cool Science Dating Ideas

Over a Dozen Cool Science Dating Ideas So, you used your favorite chemistry pick-up line and secured a date who appreciates your love of science. Heres a look at some types of dates that might be perfect if your sweetie is a scientist or is interested in science. Dinner and movie are still a good plan, especially with the right movie, but here are some additional dating ideas. Science Date Ideas Play a sport that involves science. Okay, so there is science in all sports, but bowling, billiards, and darts allow you to gauge momentum and consider trajectories and all that fun math stuff. Ice skating involves friction and angular momentum and possibly some experience with the effects of gravity. Skiing and sledding are also good choices, plus afterward, you get to snuggle up together to get warm again. Play a science board game together. My personal favorites are Nuclear War and its add-on, Nuclear Annihilation. Risk and chess are other great choices.Visit a museum, zoo, or planetarium, or catch a laser light show. Experiment with cryogenic materials together. Dipping flowers in liquid nitrogen are romantic, right? Pretty much anything involving liquid nitrogen or dry ice is fair game. If that sounds dangerous, you could always enjoy Dippin Dots (dry ice temperature) ice cream together. Play with fire. You knew this would be on my list somewhere, right? Light off fireworks tog ether or make your own. Make smores, but see if either or both of you can start the fire from scratch. Learn molecular gastronomy together. Grab a kit online or from a bookstore or follow along with videos online to prepare a meal that applies chemistry to make unusual food. You could also make interesting cocktails using the techniques. Play with a black light together. Check items around the house to see which ones glow when exposed to UV light. Explore science projects you can do using a black light. Grab a telescope and go stargazing. No telescope? Try binoculars or a camera with a zoom lens. If you do have a telescope, its pretty easy to grab photos of your observations using a cell phone, so you can remember the date. Grow magic rocks. You can gaze into each others eyes when youre not watching the pebbles grow into crystalline towers. Get a kit or make magic rocks from scratch. Break out the molecular model kit and make structures. If you dont have a kit, try using pretzels and gummy candies. Watch a movie. Surely you have a favorite science or science fiction movie! Bonus poin ts if its Star Wars and you dress like a character or bring a light saber. Break out the Lego set. Build together. Perform science experiments on real flowers. Flowers are romantic, right? Make a rainbow rose, a glow-in-the-dark flower, or simply color flowers using food coloring. You can perform paper chromatography on flowers to examine their pigments. Download and watch the very first episode of Doctor Who. Break out the paper and scissors. Cut out paper snowflakes. Make a Mobius strip. Make cute little hearts. Grow crystals. There are many household chemicals you can use to grow crystals. Rock candy or sugar crystals are the only ones youll want to taste-test. Order a pizza and play video games. Note to guys: this is only a good date if you pick a game she also enjoys playing (not just watching). Valentines Day  chemistry projects to try.

AnnouncingAccepted - The PrepScholar College Admissions Podcast

AnnouncingAccepted - The PrepScholar College Admissions Podcast SAT / ACT Prep Online Guides and Tips If you love our strategy guides, we have great news: PrepScholar is launching a college admissions podcast! It's hosted by PrepScholar co-founder and Harvard grad Allen Cheng and writer Melissa Brinks. Download our podcast now at iTunes, Spotify, Stitcher, Google Play, and Libsyn (or wherever you get your podcasts). In our first season, which will be ten episodes long, we’ll be covering the foundations of a strong college application- how to make a college list, what SAT/ACT score is high enough, and how to maintain a good GPA with strong coursework throughout high school. Our goal in the podcast is to have an engaging conversation about college applications, in ways that are more approachable than our world-famous online strategy guides. Better yet, we’ll be taking real questions from our listeners about each topic and answering them on the show itself. So if you've ever wanted your questions answered by PrepScholar co-founder Allen Cheng, submit your questions to podcast@prepscholar.com. Our first three episodes of Season 1 are already available through iTunes,Spotify, Stitcher,Google Play, andLibsyn. We’ll be releasing new episodes every two weeks, with new questions from students like you every episode. Enjoy, and send us your burning questions!

Prolific effects of civil war on medicine Research Paper

Prolific effects of civil war on medicine - Research Paper Example Period prior to war During the time prior to the civil war, medical personnel’s received minimal training. Even those doctors who had attended medical institutions were poorly trained. This is because in America, medical students received only two years or less of training, gained no clinical or laboratory training experience due to lack of instructions. When civil war began in 1861, the army had only 98 medical doctors, and Confederacy had 24. The army recruits received only physical examination giving room for soldiers to enter the federal army camp with physical defects and chronic illnesses that would affect their performance at the battlefield as soldiers. The newly recruited soldiers were sent to large camp to gain skills and learn how to become soldiers. The first challenge they faced was disease even healthy soldiers were affected by illnesses that easily spread due to large concentration of people in the camp. In addition, the spread of these diseases was aided by poor diet of soldiers and unsanitary conditions in the camps which led to many people succumb to diseases such dysentery and diarrhea. According to statistics given by Shryock on his website (1962), they represent the real and grave statistics of deaths and wounds incurred by the soldiers in the Civil War and how medical doctors dealt with these numbers. During the battle of Gettysburg, the Union medical corps was armed with 1,000 ambulances, 650 officers, and 3,000 drivers but within 3 days, 21,000 soldiers were wounded. This left each surgeon with 900 patients that they were individually responsible for. According to Shryock report on its website (1962), these incredibly large numbers led to many amputations due to infections. This professional medical historian, one of the first of his kind, explores the fact that medical professionals of the 1860’s did not have a good understanding of bacteria. Since then, ‘cumulative experience’ of those doctors led to the improvement of techniques in medicine. Shryock gives a reflection of how severe the wounds of the Civil War were and how medical profes sionals used what they had available to treat them under great stress. This assisted

Diversity in the Workplace Essay Example | Topics and Well Written Essays - 750 words

Diversity in the Workplace - Essay Example The main personal tools are self-awareness, metacommunication and flexibility. Metacommunication is one of the most valuable skills that a manager can possess is the ability to communicate effectively with others (Sonnenschein 95). Metacommunication reflects and folds back upon itself bringing more information to each conversant. Metacommunication is an active process that is particularly useful in understanding persons who come from different cultural contexts. Among individuals in an increasingly diverse society, there may be more than one understanding, more than one meaning of a single reality. Individuals who come from different cultural paradigms or different hierarchical positions may perceive the same situation differently and draw different meanings from it. The role and importance of metacommunication is to eliminate cultural and language differences. Self-awareness is another tool which helps managers to deal with diverse employees and lead them. It means: "be aware of those things in your personal background that might help you do or see, or prevent you from doing or seeing thing, important your organization" (Sonnenschein 30). In this case, managers should realize the influence of culture on behavior. Like time or distance, culture is one of those concepts we all know but find difficult to put into words. Self-awareness helps managers to respond effectively to behavior and actions of other employees, understand their motives and desires (Sonnenschein 32). Flexibility can be seen as a tool which helps leaders to manage diverse workforce and sustain positive organizational culture. 'Flexibility' can be seen as an ability to find the best solution in any situation in spite of personal interests or beliefs. For instance, today men's and women's roles have become more diffuse. The division of labor is less rigid and not necessarily gender-linked. The task of the manager is to perceive these changes and apply them into workforce (Sonnenschein 94-95). The organizational techniques are conflict management, socialization and training workshops. Conflict management is an effective technique which helps managers to avoid dissatisfaction and misunderstanding between employees. Clearly, if the parties can agree on mutual objectives then the problem is far easier to resolve than if they have conflicting objectless and personal agendas. The tools used to solve the conflict can be communication and listening, respect to position of others and account of cultural differences. These strategies help a manager to separate the people from the problem; focus on interests and not positions; search for solutions which can accommodate both interests; agree objective criteria. Developing a solution is more critical and complex than ever before. Managers should use benefits of conflicts to create positive culture and climate. Socialization involves understanding of such processes as family influence, personal experience, educational experiences, peer influences, media influences and critical incidents (Sonnenschein 31). For instance, the attributes that once were operative have become less significant in a more democratic and diverse society. Redefining fit no longer means using the broad attributes seeking a deeper sense of knowing and understanding one another. That is, the more we get to know who we all are as

How successful is neo-liberalism in explaining why states cooperate Essay

How successful is neo-liberalism in explaining why states cooperate - Essay Example The concept of neoliberalism has been used in order to interpret the behaviour of people or states under specific conditions. It is even expanded in the area of organizational behaviour and planning. Regarding this issue, it is noticed by Bourdieu (2008, online article) that ‘the neoliberal programme draws its social power from the political and economic power of those whose interests it expresses: stockholders, financial operators, industrialists, conservative or social-democratic politicians; high-level financial officials eager to impose policies and so on’. Current paper focuses on the role of neoliberalism when having to explain the reasons for which states cooperate. The various aspects of neo-liberalism as a social and political concept will be analyzed in order to identify their role in the formulation of specific political behaviour with a special reference to the cooperation among states within the international community. Neoliberalism is a significant concept related with a variety of social and political fields; in the economic sector also the above concept can be effectively applied. In this paper neoliberalism is used under its form of an important criterion for the development of strategic cooperations among states; in other words the political ‘dimension’ of neoliberalism is likely to be employed for the development of this study. However, it is necessary to refer primarily to the various aspects and forms of neoliberalism in order to justify its presence in the evaluation of specific political behaviour – cooperation – by states internationally. In this context, we could refer to the study of Kilmister (2004, online article) who noticed that ‘neo-liberal economics is based around three main elements; firstly, there is a re-conceptualisation of the role of government expenditure; state spending is explicitly seen as justified only by the need to make domestic ca pital more

Environmental Studies Assignment Example | Topics and Well Written Essays - 250 words

Environmental Studies - Assignment Example c) Ice and gas are two different elements with different qualities. It so happens that their age would also differ depending on their qualities. d) 2.53 years younger. e) It is smallest at the bottom of the core. This is because it is exposed to elements. STEP 2 b) Very reliable c) 160.73 and 28.1 years ago respectively STEP 3 10. Carbon dioxide and temperature are directly proportional 11. CH4 is more closely correlated with temperature. This is because it is lighter than CO2. 12. They are inversely proportional 13. 199.81 and 594.65 14. CO2 = 289.76 – 189.23, which is 100.53. CH4 = 273.4 – 197.37, which is 76.03 A combination of effects of the Antarctic, Southern Ocean, processes in the tropics and in the Norther Hemisphere, where the primary sources of methane are located, had a big influence. The close correlation between CO2 concentration and Antarctic temperature indicates that the Southern Ocean played an important role in causing the CO2 increase. However, the similarity of changes in CO2 concentration and variations of atmospheric methane concentration suggests that processes in the tropics and in the Northern Hemisphere, where the main sources for methane are located, also had substantial effects on atmospheric CO2 concentrations. Part 3: Hypothesis Activity The time period with extremely elevated atmospheric carbon dioxide levels, combined with the rings has a big influence on the patterns of increasingly hot summers and increasing torrential storms in the two cities.

An analysis on the foreign women's fashion magazines in China, and Literature review

An analysis on the foreign women's fashion magazines in China, and compare how do Chinese people appreciate Western magazines - Literature review Example Consumer Culture in China Davis (2005) conducted a qualitative study in which two groups of Chinese consumers in Shanghai were interviewed. The first group consisting of 51 men and women were interviewed in 1987 and the second group comprised of different Chinese consumers consisted for 46 men and women. The consumers were between the ages of 40 and 50. The interviews were open-ended and involved questions relative to consumption expectations in the future. The results of the study found that since the late 1980s, Chinese consumer culture, at least in relation to Shanghai has undergone a revolution of sorts (Davis, 2005). Chinese consumers have experienced significant changes in terms of increased income, improved standards of living, increased spending power, a greater variety of consumption choices and have embraced â€Å"globally branded foodstuffs, pop-music videos and fashion† (Davis, 2005, p. 692). ... Zhou, Arnold, Pereira and Yu (2010) offer some insight into Chinese consumer culture in China’s inland and coastal regions. According to Zhou, et. al.(2010), China is one of the world’s most important consumer markets although there is very little known about the different drivers of Chinese consumption trends and habits in China’s different regions. Using a cultural materialism approach, Zhou, et. al. (2010) analysed consumer decisions approaches among inland and coastal consumers in China. The study found that there were no material differences between coastal and inland consumers in terms of their style of shopping although their pleasure/hedonic shopping styles are different (Zhou, et. al., 2010). These differences are only important for marketers in determining what marketing approach to take for appealing to the pleasure of consumers in different regions in China. Xiao and Kim (2009) conducted a study to determine the extent to which the â€Å"changing val ue systems of modern China† impacted the consumption habits of Chinese consumers (p. 610). Using a multivariate analysis approach, the study found that functional, emotional and social values were linked in a positive way to foreign goods. Individualism and collectivism were identified as having positive links to foreign goods and life satisfaction. Individualists’ consumers were not as satisfied with their lives as collectivists were, but they were more amenable to foreign goods (Xiao & Kim, 2009). Dickson, Lennon, Montalto, Shen and Zhang (2004) conducted a survey of 1,628 married consumers in Beijing, Guangzhou and Shanghai to collect data informing of

Environmental Studies Assignment Example | Topics and Well Written Essays - 250 words

Environmental Studies - Assignment Example c) Ice and gas are two different elements with different qualities. It so happens that their age would also differ depending on their qualities. d) 2.53 years younger. e) It is smallest at the bottom of the core. This is because it is exposed to elements. STEP 2 b) Very reliable c) 160.73 and 28.1 years ago respectively STEP 3 10. Carbon dioxide and temperature are directly proportional 11. CH4 is more closely correlated with temperature. This is because it is lighter than CO2. 12. They are inversely proportional 13. 199.81 and 594.65 14. CO2 = 289.76 – 189.23, which is 100.53. CH4 = 273.4 – 197.37, which is 76.03 A combination of effects of the Antarctic, Southern Ocean, processes in the tropics and in the Norther Hemisphere, where the primary sources of methane are located, had a big influence. The close correlation between CO2 concentration and Antarctic temperature indicates that the Southern Ocean played an important role in causing the CO2 increase. However, the similarity of changes in CO2 concentration and variations of atmospheric methane concentration suggests that processes in the tropics and in the Northern Hemisphere, where the main sources for methane are located, also had substantial effects on atmospheric CO2 concentrations. Part 3: Hypothesis Activity The time period with extremely elevated atmospheric carbon dioxide levels, combined with the rings has a big influence on the patterns of increasingly hot summers and increasing torrential storms in the two cities.

Health Economics Essay Example | Topics and Well Written Essays - 2500 words - 1

Health Economics - Essay Example The healthcare system consists of all the people and the action they undertake, whose primary effort is to improve citizens’ health of a particular state. The potential scope of a healthcare system may include the public and private sectors as well as a spectrum of providers as well as funders who may improve health. A full range of organizational form is more likely to be visible in a developed world healthcare delivery system (Aspalter, Uchida & Gauld, 2012, p.2). Modern healthcare systems are not all about delivering personal healthcare. The institutions that govern the provision of healthcare are concerned with mechanisms in which the individuals can access healthcare such as the earned insurance settlements and the social citizenship. They are also concerned with the mechanisms responsible for deciding the amount of resources allocated to financing the provision of health care services such as setting regulatory frameworks as well as governing via public management. Institutions governing the provision of healthcare include mechanisms for regulating hospitals such as a mix of differently owned hospitals and the amount of public regulation as well as regulation of doctors. This is especially different forms of private interest government (Giarelli, 2010). This is a reflection of the centrality of hospitals and doctors when it comes to the provision of healthcare (Giarelli, 2010, p.189). All the modern healthcare systems face common challenges. These challenges are due to globalization, rapid technological advancements, medical progress and changes in demography. Consequently, these systems have no option but to change the organization in the way they it is governed and provide healthcare (Walshe & Smith, 2011, p.145). The health care system in the UK initially followed an insurance health model introduced in 1911 by Lloyd George (Walshe & Smith, 2011). At the time, many systems covered only the industrial workers and

Individuals with Disabilities Education Act Essay Example for Free

Individuals with Disabilities Education Act Essay The education system in our country was put in place in order to do service to our children. Despite this, in many cases, children that have disabilities are neglected by their schools. As a society, we all want to make sure that these children are being taken care of. However, there is a large spectrum of students with disabilities, and more needs to be done in order to meet every individual’s needs. In some cases, they do not receive enough attention, and others receive so much that it holds them back from succeeding on their own. Generally speaking, students with special needs benefit from integration into general education classrooms when it is handled appropriately; however in many cases, students are still being short-changed. Integrating students with special needs into a general education classroom has many advantages, both social and academic. For example, all students are required to receive and be tested on common core information, regardless of academic status. Julie Verdonik, an administrator at Maple Grove Jr. Sr. High School who is the head of the Special Education department , says if the students are not able to participate in the general education class, it is much more likely that they will not be taught all of the information that they are responsible for knowing. Special education classrooms slow down the pace of learning, and in many cases, this can actually be detrimental to the student (Verdonik). Verdonik also says, â€Å"When high expectations are set, generally the students are able to meet them. † Any students that are capable of handling the common-core curriculum should be given the opportunity to do so. Not only is the challenging curriculum good for them, but interacting with their peers is very beneficial as well. When asked if integration was socially beneficial for students with special needs Verdonik responded, â€Å"It is always beneficial to have students interacting together. † As a general rule, when students interact with each other, social skills are improved. This is no different for students with special needs. There are other life skills that are taught in a general education classroom that are important for these students too. They are taught the importance of meeting due dates, to listen to and respect a boss or a teacher, and how to handle challenges and frustrations that arise in daily life (Verdonik). By teaching these students important life skills, we are doing them a service that will stay with them their whole life. When integration is implemented appropriately, it is highly successful. There are specific requirements for children who are in need of special attention. They are not just left to cope with a challenging work environment. The government mandates that each eligible student receives an IEP or 504 plan under the Individuals with Disabilities Education Act, or IDEA, that will help them as they go through school (Koch). These plans are created on an individualized basis, and can include the implementing of a variety of practices to best help the student (NCLD). Different testing accommodations or formats can be assigned, as well as different classroom times or activities such as remedial classes and aides, or â€Å"study buddies† (â€Å"What is a 504 plan? †). Smaller, but equally significant, actions can be taken too, such as requiring that a student have access to a computer for every writing assignment, or that someone gives them a â€Å"backpack check† to make sure they have all of the right homework (â€Å"What is a 504 plan? †). All of these individualized requirements, added to integration, have a very strong and successful impact on the education of special needs students. There have been a number of success stories in our nation’s history when it comes to the education of special needs students. One in particular, told by Kathy Koch in her article entitled, â€Å"Do Students With Disabilities Get the Help They Need? † is the story of a young girl named Rose who suffers from cerebral palsy. Despite her condition, Rose has aspirations of attending college, and was elected onto the student’s council (Koch). Koch says that, â€Å"By nearly all accounts, the law has been highly successful at educating students once turned away at the schoolhouse door as ‘untrainable’†¦Ã¢â‚¬ . Julie Verdonik too believes that the program can be successful, and has confidence in the special needs students at Maple Grove. With all of this success, why is it necessary that the special education system be reevaluated? Despite the potential for success that IDEA creates, there are many students whose needs are not yet being met. Some states in our country ignore the act altogether, and do not provide their students with the resources and materials they need to be successful. In many cases, teachers in general education are not trained enough to handle students with special needs being a part of their classroom (Gable). The two of these factors combine to create an environment that slows down the learning process at no fault of the child. On top of that, many low-income areas do not receive enough funding to afford to service their students to the best of their ability, further hindering the child. Misdiagnosis is also a problem commonly found in low-income areas that holds students back from reaching their full potential (Koch). Students that are simply falling behind due to overcrowded classrooms are subjected to remedial reading and other needs-based classes when they don’t actually suffer from any disability (Koch). In some states, children with special needs are tested in a different category than the students in general education. Due to the fact that overcrowded classroom leave some students behind by nature, this method of testing often results in students who are falling behind being forced into special education classrooms unnecessarily to manipulate test scores (Koch). These students are robbed of the social benefits of being in a general education classroom, as well as the chance to face academic challenges. Students who are falling behind and are being pushed aside at no fault of their own often develop behavioral problems that are disruptive and detrimental to themselves and those around them (Gable). If teachers are not qualified to help these students, the problems only increase and multiply, unfairly leaving the student to cope in an environment that they can’t handle. The dropout rate of students with special needs is twice that of the students who have no disabilities (Gable). When schools fail to meet the needs of their students, the results aren’t beneficial to anybody. In too many cases, our current system is not effective enough to satisfy the needs of our students. Although there is potential for success in our system, more needs to be done to ensure that there can be adequate help for every student that needs it. Funding for special education needs to be increased to schools in low-income areas. If this were to happen, misdiagnosis, overcrowding, and a lack of resources would no longer be a problem for these districts. Teachers in the field of general education need to be adequately trained to handle the challenges that come from students with special needs in the classroom. It is not currently required that all teachers receive training in special education before earning their degree (DuBois). This should not be acceptable any longer, because even in general education classrooms, there will be students who require more attention based on behavioral and academic issues (DuBois). Most importantly, states need to be held accountable for the education that they are providing to their students. It is a common misconception that students with special needs do not match the level of achievement of students without disabilities. Many people think that the pace of classes and amount of curriculum they would be responsible for would be too much for these students to handle. However, with the proper accommodations, this would not have to be true. If necessary, an aide or special education teacher can be assigned to children through their IEP. These aides are beneficial to both the student and the teacher in the classroom. With another person to help explain concepts, as well as hold the child accountable for the work the child is responsible for, students can often meet and even exceed expectations (Verdonik). While it is true that bringing students with special needs into the classroom can introduce additional behavioral and academic issues, Verdonik says, â€Å"Having another person in the room that is trained to work with these kids can also take some of the pressure off of the teacher. † If teachers were trained more adequately to handle these problems on their own, and there was an aide available to the child, there is no reason to believe that they would not be able to adapt to and succeed in a general education classroom. There are some who believe that integrating special needs students among their peers would lead to bullying and other detrimental social problems. While theoretically this argument makes sense, there are many reasons to believe the exact opposite will happen. Integration would actually cause more tolerance and acceptance between these students. For one thing, they would be exposed to each other from a much earlier age, and would continue to be as they advance through school. Growing up together, students with and without disabilities would learn how to interact together, and even realize that they aren’t so different from each other anyway. Kathy Koch’s story about Rose is the perfect example of this. Rose’s cerebral palsy not only affects her mentally, but physically as well. Despite these defects, she was accepted by her classmates enough to be voted the secretary of her class (Koch). Anna Schuppenhaur, who suffered a stroke at the age of two, is still suffering from the physical and mental repercussions (DuBois). Her kindergarten teacher, Elizabeth Dubois, remembers celebrating Anna’s victories as a class with her students; when Anna learned how to swing all by herself, they had a party for her. Years later, in eighth grade Anna suffered from muscle spasms during class (DuBois). Anna received the support and concern of all of her classmates afterwards (DuBois). When recalling the event DuBois said, â€Å"I believe that if these children had not grown up learning to be supportive of each other, they would have reacted much differently to Anna’s situation. † Rather than feeling alone or unwanted by her classmates, the support given to Anna has helped her get through difficult times presented to her by her disability. Also, if special needs students weren’t treated differently from the beginning, there would be less distinction between them and the other students anyway. If the administration treats them differently, then they will be labeled as different. But if they are treated as equally as possible, discrimination would not develop into a problem from the beginning. If special education students are integrated into general education classrooms, general education teachers will be required to learn how to cope with the challenges that they present. However, teachers who teach in general education classrooms are not required to take special education classes before earning their degree (DuBois). It is true that training teachers in this area would be expensive. Either the individual would have to pay to take the classes at the collegiate level before earning their degree, the school district in which they work would have to pay to provide a workshop or other source of training for the teacher, or a combination of both of these options would be necessary. However, the result is worth the cost, because without the training, teachers are not able to do their job effectively. Inadequate teachers lead to higher lower test scores, misplacement of students into remedial classes (Koch), higher dropout rates, and emotionally and mentally detrimental effects for their students (Gable). Making sure teachers receive the proper training is crucial to the success of the special needs students in their classrooms. State and federal funding for special education needs to increase in order to enable schools to be capable of helping their students. The low-income areas that lack resources are not able to provide them because they cannot afford to (Associated). Helping children who require special education involves many extra expenses, such as hiring speech pathologists and psychologists, training teachers, and providing equipment and facilities, accommodations and other resources. With all of this, educating students with special needs can cost four times more students in general education (Associated). Federal funds cover a fraction of that expense, leaving the districts to their own means (Associated). Schools that are already struggling with financial troubles are unlikely to be able to meet the costs required of them without more help from the government. The most important step that needs to be taken in order to help children with disabilities in America is the development of a system that holds states and school districts accountable for providing these students with the education they deserve. Too often, students are being pushed aside when they deserve benefits because the schools do not have the resources to help them. Parents are often left to fight for their children’s rights, and are then labeled as â€Å"problem parents† and are viewed as a burden to the school system (Koch). Lilliam Rangel-Diaz says, The one constant factor throughout two and a half decades is that federal [enforcement] efforts over several administrations have been inconsistent and lacking any real teeth. There have been no consequences for states that have disregarded the law and devastating consequences for the students with disabilities and their families who have been denied the protections of the law. (qtd. in Koch) In order to solve this problem, consequences need to be established. States that are adequately helping their students should be able to pass on ideas and concepts that have influenced their student’s success, and implement new regulations that would improve the current programs. States that cannot support their students’ needs should receive funding in order to do so, because providing schools with the resources they don’t have is the only way to ensure the needs of the students will be met. However, if after a few years of receiving this funding there is no marked improvement in a  particular school district’s program, then other surrounding schools that have managed to run a successful program should take over. This may be an unorthodox system, but with the needs of the students in mind, it is a solution that makes sense. It would ensure that money is not being put to waste, give districts incentive to make improvements in their own systems, and guarantee that people who are capable and experienced are in charge of the education of our students. There are certainly situations in which integration is not actually the best option for students with disabilities. Some students have such severe limitations that they would not benefit from placement into general education classrooms, and they would be nearly impossible for teachers to work with without neglecting the rest of the class. This includes children who cannot comprehend or reproduce language, or whose mental development will never reach the adolescent stage. The education that these children receive is based more on living skills, for example, anything from shoe-tying and bed-making, to preparing food and interacting socially, depending upon the severity of their case. There are even cases in which students can learn math, reading, and writing skills. These students would be better off in a special education classroom or school, with a teacher trained specifically to handle their needs. However, this cannot be used as an excuse to keep capable children from getting the education that they deserve. Students with special needs benefit in many areas when they are integrated into special education classrooms. They develop stronger social skills, become better prepared for their future, and are challenged with a more difficult curriculum. When they are denied the opportunity to face these challenges and meet higher expectations, it is detrimental to them now and in the future. It is also a disadvantage for society, because without the proper education, it is harder for them to later become functioning members of society. With more funding, a wider range of teacher education, and a stricter enforcement of special education regulations, we can ensure that the needs of all of our students are adequately met. Works Cited Associated Press. â€Å"Public Schools Bearing the Brunt of Special Education Costs. † ThOnline. Telegraph Herald, 19 Aug 2012. Web. 1 February 2013. DuBois, Elizabeth. Personal interview. 27 January 2013. Gable, Robert A. ; Tonelson, et al. â€Å"Importance, Usage, and Preparedness to Implement Evidence-based Practices for students with Emotional Disabilities: A Comparison of Knowledge and Skills of Special Education and General Education Teachers. † Education Treatment of Children 35. 4 (2012): pg. 499-519. West Virginia University Press. Web. 20 December 2012. Koch, Kathy. â€Å"Do Students With Disabilities Get the Help They Need? † CQ Researcher 10. 39 (2013): 905-928. CQ Researcher Online. Web. 11 January 2013. NCLD Editorial Team. â€Å"What is an IEP? † National Center for Learning Disabilities. The National Center for Learning Disabilities, 2013. Web. 1 February 2013. Verdonik, Julie. Personal interview. 10 January 2013. â€Å"What is a 504 plan? † NCLD. National Center for Learning Disabilities, 2013. Web. 1 February 2013.

Analysis of Singapores Intellectual Property Laws

Analysis of Singapores Intellectual Property Laws The Issue of Intellectual Property Protection From the previous assignment, we have look into the cases involving McDonald Corporation and Future Enterprise PTE LTD, we have also introduced the basic intellectual property laws and how they are inter-related to one another. In this assignment, we will analyze the Singapore Laws that is related to the cases involved, and then we will provide recommendation to give our client a better idea of the rules and regulations they should abide. Summary of the cases McDonald Corporation and Future Enterprise PTE LTD, core-operating unit of Food Empire Holding Limited, are involved in two law cases during the period of 2003 to 2007. McDonald lost the first case in 2003 as the mark used by Future Enterprise is visually different from McDonald Corporation. Furthermore, Future Enterprise has its eagle device while McDonald Corporation has its golden archer. Therefore, the color scheme, font, and typeface on the mark of the Future Enterprise is very different from the one used by McDonald Corporation. McDonald Corporation sued Future Enterprise again in 2005 for amending the logo of MacCoffee by dropping the eagle device. McDonald Corporation has won this court case against Future Enterprise as there is a higher chance of confusion that will occur in the public and both products names are relate to coffee beverages. Both cases mentioned above are inter-related with each other as both cases involved the Intellectual Property Law of Trade Mark Act (TMA) where s15 of the TMA is highly emphasized. In the midst of both cases, both McDonald Corporation and Future Enterprise have made various appeals to the cases and this shows that both companies have the great intention and desires to protect their own trademarks. The connection between both cases shows that McDonald wanted to monopolize their trademark as far as food and beverages were concerned. Future Enterprise which also wanted to conserve its right of the prefix Mac in the same industry tried its best to maintain its position. Description and Analyze of the Singapore Law Involved In the case study, the Singapore Law that involved is mainly the Trademark and Passing off laws under the Intellectual Property Law. The laws involved can be classified into two main categories of Common Law and Statute Law. Statute Law Involved: (Refer to appendices Section A, A: 1 for definition of Statute Law) The Statute Laws that are applicable in the following case are Section 12(1), Section 15 and Section 23(1) of the Trade Marks Act (Cap 332, 1992 Rev Ed). Below are the descriptions of the different section of laws involved and the reasons why it is involved: Section 12(1): Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it shall apply in writing to the Registrar in the prescribed manner for registration in Part A or B of the register. Reason: McDonald Corporation claims that Future Enterprises marks were not made in good faith as it has adopted a naming convention of using the prefix Mac follows by a food or beverage descriptive. This is similar to McDonald Corporation naming convention for their products, which McDonald Corporation feels that Future Enterprise is making use of similar naming convention to promote their products. Section 15: It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design. Reason: McDonald Corporation claims that the naming convention and the using of the prefix Mac adopted by Future Enterprise would likely to deceive or cause confusion among the public. McDonald Corporation feels that the consumers may be misled thinking that Future Enterprises mark is a series of mark belonging to McDonald Corporation. Section 23(1): Except as provided by section 25, no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of: The same goods; The same description of goods; or Services or a description of services, which are associated with those goods or goods of that description. Reason: McDonald Corporation claims that Future Enterprises mark is identical and has a near resembled to their trademark. McDonald Corporation also claims that Future Enterprises marks are associated with their goods in respect of restaurant and catering services as McDonald Corporation regards Food and Beverages is associated with hotel or restaurant service. Common Law Involved: (Refer to appendices Section A, A: 2 for definition of Common Law) There are quite a number of Common Laws involved in our case study, we will look into the major cases that are referred to in corresponding to the different sections of Trade Mark Act that are involved. (Refer to appendices Section A, A: 3 for other cases referred (Common Laws)) Case refers corresponding to Section 12: (Refer to appendices Section A, A: 4 for the summary of the case) Tiffany Co v Fabriques de Tabac Reunies SA [1999] 3 SLR 147 (folld) McDonald Corporation referred to the mentioned case as a support to enhance the claim that Future Enterprises mark is not made in good faith, claiming that Future Enterprise was making use of the prefix Mac to promote their products to the public through the association to McDonald Corporation. Case refers corresponding to Section 15: (Refer to appendices Section A, A: 4 for the summary of the case) McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd) McDonald Corporation referred to the mentioned case as a support to enhance the claim that using the prefix Mc or Mac as a naming convention will result confusion in the public to think that Future Enterprises products that has the name mark of Mac is associated to McDonald. Dispute and Resolution Mechanism: Singapore has its own hierarchy of Courts when dealing with Criminal and Civil Law. (Refer to appendices Section A, A: 5 for the diagram of Singapores hierarchy of Courts) Singapore Law system is very strict and serious to trade mark offences, it has imposed a fine of up to $100,000 and/or imprisonment for a maximum term of 5 years for criminal liability in infringement act. For civil infringement, the court can award statutory damages of up to $1million. Usually, the High Court in the hierarchy of Singapore Court system will deal with intellectual property disputes and infringement. Referring to the Case Study, the case is dealt in High Court but due to appeal, the case is later brought into the Court of Appeal in resolving the case. Laws and their relevancy to the case Relevant laws and their application: Under s12(1) of the Act that the respondents claim to proprietorship of the three marks was not made in good faith as it had copied the common distinctive prefix of the appellants family of marks, namely, Mc; Under s15 of the Act that the registration of the three marks would likely deceive or cause confusion to the public; and Under s23(1) of the Act that the application marks were identical with or nearly resembled the trade marks belonging to the appellant. Fairness and unfairness: First case: (Refer to appendices Section B, B: 1 for Scenario of first case) It was decided in the first case that McDonald was unable to stop Future Enterprise form producing their products due to infringements of trademarks. I believed that the decision was fair as many evidence was provided to prove that Future Enterprise had made an effort to make their products distinctive to prevent confusion to the public. The evidence, from the article says that the products Future Enterprise produced were packaged with an eagle logo and it was sold mainly at NTUC FairPrice and Mustafa supermarkets in Singapore. This evidence enhances the point that Future Enterprise and McDonald were selling products targeted at different audiences from different markets. Furthermore, the article also showed that Future Enterprise has had its own product logos and color schemes different from McDonald. This point further showed that the marks were different whether it is in the aspects of appearance, sound or concept. Thus, it proves that customers/consumers had more ways to differentiate between the products of these 2 organizations, which further enhance the fairness of the judgment for this case. Last but not least, McDonald further protested that it had spent millions of dollars to create goodwill for it Mc series of marks, but evidence showed from the article says that Future Enterprise had also spent substantial time and resources in order to gain recognition from global market leaders. Therefore, it is fair to say that Future Enterprise did not cause loss whether in goodwill or financial damages, thus I think it is fair to say that fair judgment were made in this case. Second case: (Refer to appendices Section B, B: 2 for Scenario of second case) In the second case, Future Enterprise was brought up to court by McDonald again as they wanted to update their product design by dropping off their eagle logo. McDonald felt that their marks and naming conventions would be relatively similar which could cause confusion if Future Enterprise were to take out the distinctive eagle logo. Evidence from the article says that the two names sounded and looked too alike, and a substantial amount of average Singaporean would be confused with these two products. And also, the concept too was proved to be similar whether it is the products they are selling or the locations that they are selling the products. But, in our own opinion, we felt that there was unfairness presented in this judgment. In the first Court case between McDonald and Future Enterprise, it was judged that there were too many differences between McDonald and Future Enterprise whether it is in their logo, the products they sells or the audience they targeted. Thus, MacCoffee was able to be registered as a trademark and McDonalds appeal were dismissed. Yet, in the second court case, Future Enterprise loses the chance for its MacCoffee to be registered as a trademark name as they decided to drop their distinctive eagle logo. The first case stated that there were unanimous decisions in believing that products from Future Enterprise were not similar, whether in visual, sounds or concept, in comparison with products from McDonald. And also, evidence from the first case stated that the audience they targeted was remarkably different and the products they sold were also different. The judgment of the second case said that their marks were too similar and it would cause confusion after they drop the eagle logo. The appeals were dismissed with $10,000 payment made from Future Enterprise to McDonald. We felt that this judgment were unfair as there were contradictions which existed within this two cases. The products they sold were relatively different, ready-to-drink beverages from McCafe, and 3-in-1 coffee mix from MacCoffee. This presented a huge contrast between the products sold by the 2 organizations. Also, since it was decided in the first court case that the logos, type font, color schemes and targeted audiences were different for products of this 2 organizations, it should be brought up in the second case too in order to ensure fairness in this case. Thus they should take it into consideration of all these differences in the second court case rather than just concentrating on the similarities caused by the removed logos. Steps to further protect intellectual property rights For McDonald Corporation: Increase the monopolization of the prefix Mc into other service area that their business might want to expand into or have influence on. This is because the use of Mc is only subjected to McDonald in hotel and restaurant service and they might consider the use of this prefix into other service area thus, McDonald can maintain the rights of this prefix in other areas and future companies wont make use of the prefix in the same service area. For Food Empire Holdings: Food Empire Holdings could distinguish itself to McDonalds on the MacCoffee and McCafe by using back their earlier registered mark which appears below an eagle device, on its coffee products. This eagle device can play a part in determining whether the application mark is the same as McDonalds. (Refer to appendices Section B, B: 1 for the picture of Food Empire packaging) Recommendation As a consultant engaged by a big advertising company Do-It-Right Limited, we are responsible to report on the state of intellectual property protection in Singapore and to generally advise them whether there is an inherent and prevailing culture that respects other persons intellectual property rights. Thus, to start with it, we will recommend Do-It-Right Limited Company to advice their multinational clients to understand their own country intellectual property laws and the procedures of registering the trademark. In Singapore Intellectual Property Law, it is categorized into 6 main areas of: Copyright and Neighboring Rights, Industrial Designs, Patents, Confidential Information/Trade Secrets, Trade Marks and Passing Off. These are the 6 main areas under that Intellectual Property Law where the client ought to have a general knowledge of as understanding the laws in each area will be able to help clients to know the ways or methods to safeguard their intellectual properties by knowing which the areas of laws they should look into. To further protect clients intellectual property rights, it is a best advice for client to register their product. For Example: If an organization know that their property or design can be register under the Trademark protection, it is best to register in order to be under law of protection instead of limited protection. This is to ensure when an issue arise of a rival company copying the organization product or design. Organization in this case can use passing off law to protect their rights but this will result them to have limit law of protection if they fail to register their product design. Moreover, Trademark Law offer a great degree of protection comparing to Passing Off Law as Passing off Law require the breaching of Goodwill, Misrepresentations and Damage in order for the Law to take into consideration or effect. Thus in conclusion, it is important for Client to register their product or design under the Intellectual Property Law of protection to have more coverage of protection Lastly, we will also advice them to research on their competitors logo and name to avoid any misinterpretation and misunderstand of their own logo and name to their competitors. It is strongly recommended to use a unique and distinct design for their logo and name, which will lessen the chances of their competitors imitating their name and logo. Conclusion Through our case study on Mc Donald Corporation and Future Enterprise, we have a deep understanding about Intellectual Property Law in Singapore and how it can truly save guard our own personal property. We are also able to analyze the cases and discuss whether the Singapore Courts had made a right judgment. We had gained knowledge of Singapore Courts dealing with cases that involved the Intellectual Property Rights and know the importance of Intellectual Property that under the coverage of law to protect the important asset of an organization. References 1McDonalds Corp v Future Enterprises Pte Ltd 2Food Empire Holdings Ltd 3 McDonalds Wikipedia, the free encyclopedia 4 Welcome to McDonalds 5 McDonalds Singapore 6 Singapore Intellectual Property Law#section5 7 Trademark Wikipedia, the free encyclopedia 8 Passing off Wikipedia, the free encyclopedia 9 McDonalds Corp v Future Enterprises Pte Ltd 10 Rules of Court Appendices Extra Information Section A: A: 1 Statute Law Statue Law is written law that is created by governing authority like the parliament in the form of legislation to state out the civil order of the country and to implement and clarify the policies and operations of the government. Statute Law is also the law that state the consequences or punishments for committing a certain criminal or civil crime such as the Trademark Act or Passing off Act; new law can be introduced and existing law can be taken away in order to accommodate to the nation. A: 2 Common Law Common Law is unstated or unwritten law that is created by judges through court decisions. The decisions made by the judges on current case will depend on the decisions made in similar previous cases that took place. In other word, similar infringements and disputes, that have taken place in previous cases, will result the current case to follow the decisions and reasoning that being used. Common Law system is complicated, as the de cisions made in previous cases will affect the law in future cases and is totally distinguish from Statute Law. Moreover, the decisions made are bounded within a limited given jurisdiction. E.g. Decisions made in higher court such as Court of Appeal will affect the decisions in lower court. A: 3 Case(s) referred to (Common Law): Australian Woollen Mills Limited v F S Walton and Company Limited [1937] 58 CLR 641 (refd) Auvi Pte Ltd v Seah Siew Tee [1992] 1 SLR 639 (folld) Bali Trade Mark [1969] RPC 472 (refd) Beck Koller Company (England) Limited, In the Matter of an Application by [1947] 64 RPC 76 (fold) Brown Shoe Company Inc, Application by [1959] RPC 29 (folld) Carnival Cruise Lines Inc v Sitmar Cruises Ltd [1994] 120 ALR 495 (folld) Compatibility Research Ltd v Computer Psyche Company Ltd [1967] FSR 63 (refd) Future enterprise Pte Ltd v Tong Seng Produce Pte Ltd [1998] 1 SLR 1012 (refd) Genette Trade Mark [1968] RPC 148 (folld) Harrods Limited v Harrodian School Limited [1996] RPC 697 (refd) Karu Pty Ltd v Jose [1994] 30 IPR 407 (folld) Kellogg Co v Pacific Food Products Sdn Bhd [1999] 2 SLR 651 (folld) Lever Brothers Ltd v Bedingfield [1899] 16 RPC 3 (folld) Lifestyle 1.99 Pte Ltd v S$1.99 Pte Ltd [2000] 2 SLR 766 (folld) McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd) McIndians, In the matter of an application to register the mark (UK Patent Office 16 August 1996)(refd) McMint, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 7 November 1997) (folld) McSalad and McFresh, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 1 May 2000) (not folld) McVeg, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 10 November 1997) (folld) PB Foods Ltd v Malanda DairyFoods Ltd (1999) 47 IPR 47 (distd) Pianotist Company, In the Matter of an Application by (1906) 23 RPC 774 (folld) SEMIGRES Trade Mark [1979] RPC 330 (folld) Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd (1963) 109 CLR 407 (folld) Shell Co of Australian Ltd v Rohm Haas Co (1949) 78 CLR 601 (refd) Smith, Hayden Coy Ld, In the Matter of an Application by (1946) 63 RPC 97 (refd) Soldan Holding + Bonbonspezialitaeten GmbH, Re Application by (Singapore Trade Marks Registry, 20 July 2001) (refd) Sports Cafà © Ltd b Registrar of Trade Marks (1998) 42 IPR 552 (folld) Super Coffeemix Manufacturing Ltd v Unico Trading Pte Ltd [2000] 3 SLR 145 (folld) Tiffany Co v Fabriques de Tabac Reunies SA [1999] 3 SLR 147 (folld) UNIMAX Trade Mark [1979] RPC 469 (folld) Vitamins Lds Application, In the Matter of [1956] RPC 1 (folld) Wagamama Ltd v City Center Restaurants plc [1995] FSR 713 (refd) Yuen Yu Kwan Frank v McDonalds Corporation [2001] WL 1422899 (refd) A:4 Summary of cases for Common Laws Summary of Case refers corresponding to Section 12: Tiffany Co opposed the registration of the mark Tiffany by Fabriques de Tabac Reunies SA on cigarettes though; Tiffany Co has no monopoly in cigarettes industries. This may results in confusion as the entire word mark Tiffany was being copied over and the public might think that the cigarettes sold is produced or has connection to Tiffany Co upon seeing the Tiffany band of cigarettes. Summary of Case refers corresponding to Section 15: McDonald Corporation objected the use of McBagel in bagel bakery restaurant, as it would create confusion in public that people might think that McBagel is somehow associated with McDonald Corporation. Moreover, a survey was conducted and numerous people believed that McBagel was associated to McDonald Corporation due to the use of the prefix Mc. A.5 Diagram of Singapores hierarchy of Courts Section B: B: 1 Scenario of first case: McDonald had wanted to stop listed Future Enterprises from distributing products named MacNoodles, MacTea and MacChocolate. However, the court of appeal decided in a unanimous decision that the three trademarks were not deceptively similar to McDonalds Mac or Mc prefix. Thus in this case, the laws of protecting trademarks did not help McDonald to stop Future Enterprise from distributing their products, and also Future Enterprise were able to win this case as they did not breach the law of passing off. B: 2 Scenario of Second case: The dispute continues as Future Enterprise, a subsidiary and core unit of listed Food Empire Holding decided to updates it product design, MacCoffee to drop its original eagle design. McDonald objected as the similarity now existed when Future Enterprise decides to take out its distinct eagle design. After objection arose, Future Enterprise appealed for the MacCoffee brand to be registered as trademark, which in the end the appeal was dismissed. The laws of protecting trademark in this case were being carried out. MacCoffee were not distinct enough to be registered as a trademark, thus the appeal was dismissed. Also, after removing the eagle design, it was judged that goodwill was breach in terms of causing confusion to the public with similar products. Thus McDonald had successfully won this case with the appeal and Future Enterprise appeals were all dismissed and they were to pay a sum of $10,000 to McDonald to cover their loss. Section C: C: 1 Pictures of Food Empire MacCoffe packaging Old Packaging New Packaging Schedule of Meeting Date Discussion 28th May 2008 Analyze the cases Facts Inter-relationship Tasks allocated to each of the members 30th May 2008 Discuss the research done Singapore Laws (Statute Law Common Law) Singapore Courts Intellectual Property Rights Started the report writing 5th June 2008 Continuation of the report Modification of report Error Checking Rephrasing 9th June 2008 Finalization of the report Work Plan 3.1 Description of Assignment The objective for this final report gives us more understanding of the Singapore Laws that can be applied to these two cases. We are able to apply our basic knowledge learned in the lecture to discuss whether the cases had been judge fairly. 3.2 Team Members Nur Afidah Binte Afandi, Mark Heng Kok Hoong, Teo Lay Hoon, Goh Kok Jui Kelvin, Chai Guo Wei Problems encountered and Solutions 4.1 Problem: Time Consume Solution: Planning out the schedule what we should do first and what should we do next helps to cut down the time wastage. Analysis of Singapores Intellectual Property Laws Analysis of Singapores Intellectual Property Laws The Issue of Intellectual Property Protection From the previous assignment, we have look into the cases involving McDonald Corporation and Future Enterprise PTE LTD, we have also introduced the basic intellectual property laws and how they are inter-related to one another. In this assignment, we will analyze the Singapore Laws that is related to the cases involved, and then we will provide recommendation to give our client a better idea of the rules and regulations they should abide. Summary of the cases McDonald Corporation and Future Enterprise PTE LTD, core-operating unit of Food Empire Holding Limited, are involved in two law cases during the period of 2003 to 2007. McDonald lost the first case in 2003 as the mark used by Future Enterprise is visually different from McDonald Corporation. Furthermore, Future Enterprise has its eagle device while McDonald Corporation has its golden archer. Therefore, the color scheme, font, and typeface on the mark of the Future Enterprise is very different from the one used by McDonald Corporation. McDonald Corporation sued Future Enterprise again in 2005 for amending the logo of MacCoffee by dropping the eagle device. McDonald Corporation has won this court case against Future Enterprise as there is a higher chance of confusion that will occur in the public and both products names are relate to coffee beverages. Both cases mentioned above are inter-related with each other as both cases involved the Intellectual Property Law of Trade Mark Act (TMA) where s15 of the TMA is highly emphasized. In the midst of both cases, both McDonald Corporation and Future Enterprise have made various appeals to the cases and this shows that both companies have the great intention and desires to protect their own trademarks. The connection between both cases shows that McDonald wanted to monopolize their trademark as far as food and beverages were concerned. Future Enterprise which also wanted to conserve its right of the prefix Mac in the same industry tried its best to maintain its position. Description and Analyze of the Singapore Law Involved In the case study, the Singapore Law that involved is mainly the Trademark and Passing off laws under the Intellectual Property Law. The laws involved can be classified into two main categories of Common Law and Statute Law. Statute Law Involved: (Refer to appendices Section A, A: 1 for definition of Statute Law) The Statute Laws that are applicable in the following case are Section 12(1), Section 15 and Section 23(1) of the Trade Marks Act (Cap 332, 1992 Rev Ed). Below are the descriptions of the different section of laws involved and the reasons why it is involved: Section 12(1): Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it shall apply in writing to the Registrar in the prescribed manner for registration in Part A or B of the register. Reason: McDonald Corporation claims that Future Enterprises marks were not made in good faith as it has adopted a naming convention of using the prefix Mac follows by a food or beverage descriptive. This is similar to McDonald Corporation naming convention for their products, which McDonald Corporation feels that Future Enterprise is making use of similar naming convention to promote their products. Section 15: It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design. Reason: McDonald Corporation claims that the naming convention and the using of the prefix Mac adopted by Future Enterprise would likely to deceive or cause confusion among the public. McDonald Corporation feels that the consumers may be misled thinking that Future Enterprises mark is a series of mark belonging to McDonald Corporation. Section 23(1): Except as provided by section 25, no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of: The same goods; The same description of goods; or Services or a description of services, which are associated with those goods or goods of that description. Reason: McDonald Corporation claims that Future Enterprises mark is identical and has a near resembled to their trademark. McDonald Corporation also claims that Future Enterprises marks are associated with their goods in respect of restaurant and catering services as McDonald Corporation regards Food and Beverages is associated with hotel or restaurant service. Common Law Involved: (Refer to appendices Section A, A: 2 for definition of Common Law) There are quite a number of Common Laws involved in our case study, we will look into the major cases that are referred to in corresponding to the different sections of Trade Mark Act that are involved. (Refer to appendices Section A, A: 3 for other cases referred (Common Laws)) Case refers corresponding to Section 12: (Refer to appendices Section A, A: 4 for the summary of the case) Tiffany Co v Fabriques de Tabac Reunies SA [1999] 3 SLR 147 (folld) McDonald Corporation referred to the mentioned case as a support to enhance the claim that Future Enterprises mark is not made in good faith, claiming that Future Enterprise was making use of the prefix Mac to promote their products to the public through the association to McDonald Corporation. Case refers corresponding to Section 15: (Refer to appendices Section A, A: 4 for the summary of the case) McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd) McDonald Corporation referred to the mentioned case as a support to enhance the claim that using the prefix Mc or Mac as a naming convention will result confusion in the public to think that Future Enterprises products that has the name mark of Mac is associated to McDonald. Dispute and Resolution Mechanism: Singapore has its own hierarchy of Courts when dealing with Criminal and Civil Law. (Refer to appendices Section A, A: 5 for the diagram of Singapores hierarchy of Courts) Singapore Law system is very strict and serious to trade mark offences, it has imposed a fine of up to $100,000 and/or imprisonment for a maximum term of 5 years for criminal liability in infringement act. For civil infringement, the court can award statutory damages of up to $1million. Usually, the High Court in the hierarchy of Singapore Court system will deal with intellectual property disputes and infringement. Referring to the Case Study, the case is dealt in High Court but due to appeal, the case is later brought into the Court of Appeal in resolving the case. Laws and their relevancy to the case Relevant laws and their application: Under s12(1) of the Act that the respondents claim to proprietorship of the three marks was not made in good faith as it had copied the common distinctive prefix of the appellants family of marks, namely, Mc; Under s15 of the Act that the registration of the three marks would likely deceive or cause confusion to the public; and Under s23(1) of the Act that the application marks were identical with or nearly resembled the trade marks belonging to the appellant. Fairness and unfairness: First case: (Refer to appendices Section B, B: 1 for Scenario of first case) It was decided in the first case that McDonald was unable to stop Future Enterprise form producing their products due to infringements of trademarks. I believed that the decision was fair as many evidence was provided to prove that Future Enterprise had made an effort to make their products distinctive to prevent confusion to the public. The evidence, from the article says that the products Future Enterprise produced were packaged with an eagle logo and it was sold mainly at NTUC FairPrice and Mustafa supermarkets in Singapore. This evidence enhances the point that Future Enterprise and McDonald were selling products targeted at different audiences from different markets. Furthermore, the article also showed that Future Enterprise has had its own product logos and color schemes different from McDonald. This point further showed that the marks were different whether it is in the aspects of appearance, sound or concept. Thus, it proves that customers/consumers had more ways to differentiate between the products of these 2 organizations, which further enhance the fairness of the judgment for this case. Last but not least, McDonald further protested that it had spent millions of dollars to create goodwill for it Mc series of marks, but evidence showed from the article says that Future Enterprise had also spent substantial time and resources in order to gain recognition from global market leaders. Therefore, it is fair to say that Future Enterprise did not cause loss whether in goodwill or financial damages, thus I think it is fair to say that fair judgment were made in this case. Second case: (Refer to appendices Section B, B: 2 for Scenario of second case) In the second case, Future Enterprise was brought up to court by McDonald again as they wanted to update their product design by dropping off their eagle logo. McDonald felt that their marks and naming conventions would be relatively similar which could cause confusion if Future Enterprise were to take out the distinctive eagle logo. Evidence from the article says that the two names sounded and looked too alike, and a substantial amount of average Singaporean would be confused with these two products. And also, the concept too was proved to be similar whether it is the products they are selling or the locations that they are selling the products. But, in our own opinion, we felt that there was unfairness presented in this judgment. In the first Court case between McDonald and Future Enterprise, it was judged that there were too many differences between McDonald and Future Enterprise whether it is in their logo, the products they sells or the audience they targeted. Thus, MacCoffee was able to be registered as a trademark and McDonalds appeal were dismissed. Yet, in the second court case, Future Enterprise loses the chance for its MacCoffee to be registered as a trademark name as they decided to drop their distinctive eagle logo. The first case stated that there were unanimous decisions in believing that products from Future Enterprise were not similar, whether in visual, sounds or concept, in comparison with products from McDonald. And also, evidence from the first case stated that the audience they targeted was remarkably different and the products they sold were also different. The judgment of the second case said that their marks were too similar and it would cause confusion after they drop the eagle logo. The appeals were dismissed with $10,000 payment made from Future Enterprise to McDonald. We felt that this judgment were unfair as there were contradictions which existed within this two cases. The products they sold were relatively different, ready-to-drink beverages from McCafe, and 3-in-1 coffee mix from MacCoffee. This presented a huge contrast between the products sold by the 2 organizations. Also, since it was decided in the first court case that the logos, type font, color schemes and targeted audiences were different for products of this 2 organizations, it should be brought up in the second case too in order to ensure fairness in this case. Thus they should take it into consideration of all these differences in the second court case rather than just concentrating on the similarities caused by the removed logos. Steps to further protect intellectual property rights For McDonald Corporation: Increase the monopolization of the prefix Mc into other service area that their business might want to expand into or have influence on. This is because the use of Mc is only subjected to McDonald in hotel and restaurant service and they might consider the use of this prefix into other service area thus, McDonald can maintain the rights of this prefix in other areas and future companies wont make use of the prefix in the same service area. For Food Empire Holdings: Food Empire Holdings could distinguish itself to McDonalds on the MacCoffee and McCafe by using back their earlier registered mark which appears below an eagle device, on its coffee products. This eagle device can play a part in determining whether the application mark is the same as McDonalds. (Refer to appendices Section B, B: 1 for the picture of Food Empire packaging) Recommendation As a consultant engaged by a big advertising company Do-It-Right Limited, we are responsible to report on the state of intellectual property protection in Singapore and to generally advise them whether there is an inherent and prevailing culture that respects other persons intellectual property rights. Thus, to start with it, we will recommend Do-It-Right Limited Company to advice their multinational clients to understand their own country intellectual property laws and the procedures of registering the trademark. In Singapore Intellectual Property Law, it is categorized into 6 main areas of: Copyright and Neighboring Rights, Industrial Designs, Patents, Confidential Information/Trade Secrets, Trade Marks and Passing Off. These are the 6 main areas under that Intellectual Property Law where the client ought to have a general knowledge of as understanding the laws in each area will be able to help clients to know the ways or methods to safeguard their intellectual properties by knowing which the areas of laws they should look into. To further protect clients intellectual property rights, it is a best advice for client to register their product. For Example: If an organization know that their property or design can be register under the Trademark protection, it is best to register in order to be under law of protection instead of limited protection. This is to ensure when an issue arise of a rival company copying the organization product or design. Organization in this case can use passing off law to protect their rights but this will result them to have limit law of protection if they fail to register their product design. Moreover, Trademark Law offer a great degree of protection comparing to Passing Off Law as Passing off Law require the breaching of Goodwill, Misrepresentations and Damage in order for the Law to take into consideration or effect. Thus in conclusion, it is important for Client to register their product or design under the Intellectual Property Law of protection to have more coverage of protection Lastly, we will also advice them to research on their competitors logo and name to avoid any misinterpretation and misunderstand of their own logo and name to their competitors. It is strongly recommended to use a unique and distinct design for their logo and name, which will lessen the chances of their competitors imitating their name and logo. Conclusion Through our case study on Mc Donald Corporation and Future Enterprise, we have a deep understanding about Intellectual Property Law in Singapore and how it can truly save guard our own personal property. We are also able to analyze the cases and discuss whether the Singapore Courts had made a right judgment. We had gained knowledge of Singapore Courts dealing with cases that involved the Intellectual Property Rights and know the importance of Intellectual Property that under the coverage of law to protect the important asset of an organization. References 1McDonalds Corp v Future Enterprises Pte Ltd 2Food Empire Holdings Ltd 3 McDonalds Wikipedia, the free encyclopedia 4 Welcome to McDonalds 5 McDonalds Singapore 6 Singapore Intellectual Property Law#section5 7 Trademark Wikipedia, the free encyclopedia 8 Passing off Wikipedia, the free encyclopedia 9 McDonalds Corp v Future Enterprises Pte Ltd 10 Rules of Court Appendices Extra Information Section A: A: 1 Statute Law Statue Law is written law that is created by governing authority like the parliament in the form of legislation to state out the civil order of the country and to implement and clarify the policies and operations of the government. Statute Law is also the law that state the consequences or punishments for committing a certain criminal or civil crime such as the Trademark Act or Passing off Act; new law can be introduced and existing law can be taken away in order to accommodate to the nation. A: 2 Common Law Common Law is unstated or unwritten law that is created by judges through court decisions. The decisions made by the judges on current case will depend on the decisions made in similar previous cases that took place. In other word, similar infringements and disputes, that have taken place in previous cases, will result the current case to follow the decisions and reasoning that being used. Common Law system is complicated, as the de cisions made in previous cases will affect the law in future cases and is totally distinguish from Statute Law. Moreover, the decisions made are bounded within a limited given jurisdiction. E.g. Decisions made in higher court such as Court of Appeal will affect the decisions in lower court. A: 3 Case(s) referred to (Common Law): Australian Woollen Mills Limited v F S Walton and Company Limited [1937] 58 CLR 641 (refd) Auvi Pte Ltd v Seah Siew Tee [1992] 1 SLR 639 (folld) Bali Trade Mark [1969] RPC 472 (refd) Beck Koller Company (England) Limited, In the Matter of an Application by [1947] 64 RPC 76 (fold) Brown Shoe Company Inc, Application by [1959] RPC 29 (folld) Carnival Cruise Lines Inc v Sitmar Cruises Ltd [1994] 120 ALR 495 (folld) Compatibility Research Ltd v Computer Psyche Company Ltd [1967] FSR 63 (refd) Future enterprise Pte Ltd v Tong Seng Produce Pte Ltd [1998] 1 SLR 1012 (refd) Genette Trade Mark [1968] RPC 148 (folld) Harrods Limited v Harrodian School Limited [1996] RPC 697 (refd) Karu Pty Ltd v Jose [1994] 30 IPR 407 (folld) Kellogg Co v Pacific Food Products Sdn Bhd [1999] 2 SLR 651 (folld) Lever Brothers Ltd v Bedingfield [1899] 16 RPC 3 (folld) Lifestyle 1.99 Pte Ltd v S$1.99 Pte Ltd [2000] 2 SLR 766 (folld) McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd) McIndians, In the matter of an application to register the mark (UK Patent Office 16 August 1996)(refd) McMint, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 7 November 1997) (folld) McSalad and McFresh, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 1 May 2000) (not folld) McVeg, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 10 November 1997) (folld) PB Foods Ltd v Malanda DairyFoods Ltd (1999) 47 IPR 47 (distd) Pianotist Company, In the Matter of an Application by (1906) 23 RPC 774 (folld) SEMIGRES Trade Mark [1979] RPC 330 (folld) Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd (1963) 109 CLR 407 (folld) Shell Co of Australian Ltd v Rohm Haas Co (1949) 78 CLR 601 (refd) Smith, Hayden Coy Ld, In the Matter of an Application by (1946) 63 RPC 97 (refd) Soldan Holding + Bonbonspezialitaeten GmbH, Re Application by (Singapore Trade Marks Registry, 20 July 2001) (refd) Sports Cafà © Ltd b Registrar of Trade Marks (1998) 42 IPR 552 (folld) Super Coffeemix Manufacturing Ltd v Unico Trading Pte Ltd [2000] 3 SLR 145 (folld) Tiffany Co v Fabriques de Tabac Reunies SA [1999] 3 SLR 147 (folld) UNIMAX Trade Mark [1979] RPC 469 (folld) Vitamins Lds Application, In the Matter of [1956] RPC 1 (folld) Wagamama Ltd v City Center Restaurants plc [1995] FSR 713 (refd) Yuen Yu Kwan Frank v McDonalds Corporation [2001] WL 1422899 (refd) A:4 Summary of cases for Common Laws Summary of Case refers corresponding to Section 12: Tiffany Co opposed the registration of the mark Tiffany by Fabriques de Tabac Reunies SA on cigarettes though; Tiffany Co has no monopoly in cigarettes industries. This may results in confusion as the entire word mark Tiffany was being copied over and the public might think that the cigarettes sold is produced or has connection to Tiffany Co upon seeing the Tiffany band of cigarettes. Summary of Case refers corresponding to Section 15: McDonald Corporation objected the use of McBagel in bagel bakery restaurant, as it would create confusion in public that people might think that McBagel is somehow associated with McDonald Corporation. Moreover, a survey was conducted and numerous people believed that McBagel was associated to McDonald Corporation due to the use of the prefix Mc. A.5 Diagram of Singapores hierarchy of Courts Section B: B: 1 Scenario of first case: McDonald had wanted to stop listed Future Enterprises from distributing products named MacNoodles, MacTea and MacChocolate. However, the court of appeal decided in a unanimous decision that the three trademarks were not deceptively similar to McDonalds Mac or Mc prefix. Thus in this case, the laws of protecting trademarks did not help McDonald to stop Future Enterprise from distributing their products, and also Future Enterprise were able to win this case as they did not breach the law of passing off. B: 2 Scenario of Second case: The dispute continues as Future Enterprise, a subsidiary and core unit of listed Food Empire Holding decided to updates it product design, MacCoffee to drop its original eagle design. McDonald objected as the similarity now existed when Future Enterprise decides to take out its distinct eagle design. After objection arose, Future Enterprise appealed for the MacCoffee brand to be registered as trademark, which in the end the appeal was dismissed. The laws of protecting trademark in this case were being carried out. MacCoffee were not distinct enough to be registered as a trademark, thus the appeal was dismissed. Also, after removing the eagle design, it was judged that goodwill was breach in terms of causing confusion to the public with similar products. Thus McDonald had successfully won this case with the appeal and Future Enterprise appeals were all dismissed and they were to pay a sum of $10,000 to McDonald to cover their loss. Section C: C: 1 Pictures of Food Empire MacCoffe packaging Old Packaging New Packaging Schedule of Meeting Date Discussion 28th May 2008 Analyze the cases Facts Inter-relationship Tasks allocated to each of the members 30th May 2008 Discuss the research done Singapore Laws (Statute Law Common Law) Singapore Courts Intellectual Property Rights Started the report writing 5th June 2008 Continuation of the report Modification of report Error Checking Rephrasing 9th June 2008 Finalization of the report Work Plan 3.1 Description of Assignment The objective for this final report gives us more understanding of the Singapore Laws that can be applied to these two cases. We are able to apply our basic knowledge learned in the lecture to discuss whether the cases had been judge fairly. 3.2 Team Members Nur Afidah Binte Afandi, Mark Heng Kok Hoong, Teo Lay Hoon, Goh Kok Jui Kelvin, Chai Guo Wei Problems encountered and Solutions 4.1 Problem: Time Consume Solution: Planning out the schedule what we should do first and what should we do next helps to cut down the time wastage.