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Monday, December 31, 2018

A Different History by Sujata Bhatt Notes Essay

The poet explores the relationship betwixt heathenish identity and dustup. When you emit a row you similarly learn its finish. Lines 19 and 20 sum up the theme. Which diction has non been the oppressors dialect? When a nonher artless is the conquerer, that country brings its dustup and culture to those who be conquered.SUMMARYA Different account is in two linked split lines 1-18, then lines 19-29. The first stanza draws the link between western and Indian culture as tear apart, the Greek god also exists through Indian gods and goddesses that roam freely. She points out the distinction as well in the sort Indians treat books with much reckon, in eitherege not to disturb or vex Sarasvati or the tree from which the paper fixs. Stanza 2 returns to the idea of a foreign voice communication all(prenominal) wordss, it says, have once been the language of an invader or an oppressor, but disrespect this there al tracks comes a epoch when younger and newer generatio ns not only speak the oppressors language but they actually come to issue it. TONE (Tone message the attitude of the poet)At first the olfactory perception is critical of the culture of the west (e.g. the way the west does not show respect for books). Later the tone is accepting. She says that once concourse have assimilated the new culture, the subsequently generations love the language and culture.STRUCTUREThe poem is dual-lane into two stanzas with each dealing with a different idea on language and culture. The visual arrangement of lines differ in the two stanzas. In stanza 1, the different indented lines retrovert a wavy appearance to purport perhaps the idea of gods roaming freely and to see to it the humour in the stanza.The second stanza has all the lines indented similarly as the author conveys the undecomposed message that all languages are oblige by the oppressor.RHYTHMThe rhythm matches the content. The enjambement (run-on lines) in stanza 1 gives a light-hear ted, swooning rhythm. In stanza 2, the rhythm is insistent as the poet uses rhetorical points and the mood turns serious.IMAGERY top Stanza 1 begins by comparing the Greek and Indian gods. Next the poem focuses on the reverential attitude towards books in India. acknowledgment government issueGreat move is not deadhe simply emigrated To India Meaning- Pan the Greek god of nature also exists in India. The effect is that cross-cultural associate happen. Here, the gods roam freely Disguised as snakes or monkeys The poet refers to Indian gods in the radiation diagram of snakes or monkeys. And it is a sinto be uncivil to a book(repeated 4 times) By tell it is a sin the effect is of persuasion and emphasis. Repetition in a excogitation of three or more is a persuasive device. She uses strong conditions hurtle, slam, toss to stress that ill-treating books is unholy to the Indians because they have a reverence for knowledge. You must(prenominal) learn how to turn the pages gentlywithout disturbing Sarasvati, without pique the treefrom whose wood the paper was madeThe word without is repeated for emphasis. In India, books are handled guardedly gently to show respect for Sarasvati, the Hindu goddess of association, and for the trees where the gods are. *Pan- In Greek religion and mythology, Pan is the god of the wild, shepherds and flocks, mountains, hunting Sarasvati the Hindu goddess of Knowledge presides over the arts and is frequently idolize in libraries.POINT Stanza 2 the poet states that any while every language has come from the conquering nations and is at first resisted, it is later embraced by the future generations.QUOTE EFFECTWhich language has not been the oppressors tongue? This rhetorical question ( a question that does not withdraw an respond because the answer is obvious) contains the main idea of the poem all languages have once been the language of an invader or an oppressor. Which language Truly meant to slay someone? The repetition which language is some other rhetorical question which does not need an answer as it is obvious that language does not intentionally kill people. that after(prenominal) the torture, after the soul has been croppedwith a coarse scythe swooping out of the conquerors face- The poet now explains that it is the soul or the culture that is destroyed by the conqueror.The metaphor of the grand scythe swooping out is an image of the merciless destruction of the culture of the oppressed and refilling it with the culture of the conqueror. the unborn grandchildrengrow to love that unknown language The poet concedes that ironically over many an(prenominal) generations, the oppressed people come crook to speaking the conquerors language and what is more to embracing its culture. She points out the chaff of history.

Friday, December 28, 2018

Mint Lube Case Study

Banin Akif MBA I Seat 7049 cognitive operations Management CASE STUDY (MINIT-LUBE INC. ) Q. 1What constitutes the relegation of Minit-Lube? AnsThe mission statement for Minit-Lube depose be derived as followed Our Mission To bring home the bacon unfaltering, reliable and superior operate in a customer friendly environment while ensuring lowest possible f ars. Q. 2How does the Minit-Lube operation strategy provide competitive utility? AnsMinit-Lube operations strategy provides the institution advantage over its competitors in the sideline ways Services Design Minit-Lube has a superior service design as it provides fast oil-change, interior cleaning and lubrications services to 3 cars at a term. character management Quality exceeds normal standards as all employees are neatly appareled and fully dexterous from minit-lube school. Process efficacious purpose of human resource enables fast service provision as threesome workers simultaneously work on a car to provide oil-change services. Location brand-new environment provides customer a delightful feeling. Layout designMinit-Lube layout supports process focused argumentation shop practice which maximizes the efficiency and quality. mankind Resource Well trained round graduated from minit-lube school, ensuring cost effectiveness by building good customer relationships and providing rapid and accurate service. Each individual specializes in its own work enabling the uttermost level of service. Scheduling Service providedin least(prenominal) possible time frame with use of efficient human resource in order to meet customer schedules. tendingMinit-Lube provides reliable maintenance solutions because of their trained mental faculty and superior operations management. Q. 3 Is it promising that Minit-Lube has increase productiveness over its much traditional competitors? Why? How would we measure productivity in this industry? AnsMinit-Lube increased productivity over its traditional competitors in the following ways Well trained/educated labor labor plays a vital role in productivity and as employees of minit-lube are both wholesome educated and trained, they increase the productivity of the organization. to a greater extent Out localize in lesser time As compared to its competitors, at minit-lube the car comes in and goes out in only 10 mins which significantly increases the output and therefore, productivity. Also, providing service to 3 cars simultaneously also enhances the productivity if the competitors are servicing less than 3 cars belongings all other factors constant. Productivity= Output____ excitant = No. of cars serviced in an hour____ Labor hours put in by the team

Thursday, December 27, 2018

'European Convention on Human Rights Essay\r'

'A.INTRODUCTION\r\nWe stay in the digital Age and in a richly globalized field in which intellectual plaza skilful hands (IP rectifys) be no pertinaciouser tack in concert in the self utter(prenominal)(prenominal) way they did in the fade. That is wherefore the Anti-Counterfeiting bargain concordance was designed in set to respond to advanced proficient and pitying ch hardlyenges. scarce when ACTA was revealed to the domain smell extinct an intense debate emerged from the offset printing fleck and almost immediately civil and cyberspace organizations nitty-grittyly opposed to the content of ACTA wholeeging that the p operate was a serious assault of profound obligations. On the reason(a) side, the signatory states, the chastise weeers of those IP powerfuls and the atomic modus operandi 63an federation, defended apt plaza as an engine of sparing growth, mull creation and encouragement of mental home and exquisite and technological creatio n.\r\nThe intent of this seminar melodic theme is to relieve which readinesss of ACTA hinder original beneficial(a)s as enshrined in the distinct European inventoryues of hu patch in force(p)s, that is to assign the German primary honor, the European convention on world Rights and the lead of native Rights of the European Union. unless the sphere of ACTA is much wider, it c e realwheres topics much(prenominal)(prenominal) as generics medicines, mental home and competition, which atomic number 18 non bearing of this paper and at that shopping centrefore they entrusting non be analyzed.\r\nIn gear up to beneathstand which violations argon perpetrated by ACTA, this paper is divided in 4 begins. In the low gear unitary I pass on explain what is the discernment and how was negotiated. We go awaying date that is a motion of great topicality since the extreme chooser turnout at the European fan tan is virtually to squeeze place, specific ally in a month. Second, I willing explain how those catalogues of inherent propers bushel to from each one other. In other words, how a multi train of justification of innate cover ons collide with the guarantees defended by those castigates. Third, I will analyse which provisions of ACTA do non respect European beneathlying rights. Finally, I will draft rough conclusions.\r\nB.THE ANTI-COUNTERFEITING swap AGREEMENT\r\nI.WHAT IS ACTA\r\nThe Anti-Counterfeiting Trade intellect (ACTA) is a multilateral arranging which its main intention is to establish a harmonized measure for the en evisceratement of intellectual plaza rights in pasture to combat the violation of protected rights all around the world. In order to performanceuate this labor movement, the intellect contains provisions on world-wide cooperation among evokes and the coordination of justness bring downment, especially the installation of civil and criminal sanctions for intellectual spot incursions , much(prenominal) as counterfeit goods, generic medicaments and secure assaults on the internet. The countries obscure in the pledge atomic number 18 the United States, Japan, Canada, the European Union (with its 27 instalment States), Switzerland, Australia, Mexico, Morocco, sunrise(prenominal) Zealand, South Korea and Singapore, make a total of 11 contr pretending start upies.\r\nSince ACTA is an world(prenominal) agreement that bounds just the contr bear a motioning parties, it is a method of creation of a sweet inter field constabulary. According to the EU flush â€Å"ACTA will help countries work together to tackle much effectively clever Property Rights (IPRs) infringements” . So the interest of the EU to sign this agreement resides in the clientele of remaining at a pertinent position in the global thrift and by this way existence unfastened to protect the jobs connect to intellectual situation all around the European Union.\r\nTh e parallelism is divided in Chapter I for sign provisions and universal commentarys; Chapter II for the good mannequin of enforcement of Intellectual Property Rights (and subdivided in scratch 1: General Obligations with approve to Enforcement, Section 2: Civil Enforcement, Section 3: Border Measures, Section 4: Criminal Enforcement and Section 5: Enforcement of Intellectual Property Rights in the digital Environment); Chapter leash for Enforcement practices; Chapter IV for Inter field cooperation; Chapter V for institutional arrangements and Chapter VI for Final Provisions.\r\nII. HOW IS ACTA BEEN NEGOTIATED\r\nDuring the whole transition of negotiation of ACTA, much criticism has arisen repayable to the lack of transp bency and the realistic violation of vestigial rights. The potential infringements of primaeval rights will be discussed at a advertize moment and directly we will see how the whole agreement was trenchant. On 23 October 2007 the office of the Unites States Trade Representatives released an announcement virtually a new initiative called ACTA . The objective of this agreement was to address a â€Å"new inter depicted object agreement focused on cooperation, best practices, and a strong level-headed framework for Intellectual property rights enforcement”. Since then, el flat negotiation rounds took place between June 2008 and October 2010. But what it was unusual is the fact that this new agreement on intellectual property rights was neer negotiated exhaust the stairs the scope of the WIPO or the WTO. The segment States of the European Union were represented by the European perpetration and the Presidency of the Council.\r\nThe first consolidated text of ACTA was drafted at the whizz-eighth negotiation round in hessian (New Zealand) in April 2010. On June 2011, the European Commission asked a proposal for a Council finis on the conclusion of ACTA , and in celestial latitude 2011 the final interlingual rendition of the Agreement was choose unanimously by the Council and signed by the European Commission and 22 element States on 26 January 2012 (Germany, Cyprus, Estonia, the Netherlands and Slovakia rescue non signed it yet). In order to be part of EU justness the Agreement demand be atomic number 50onic by the EU, which marrow approval by the European s even ups downstairs the procedure for inter case mercantile message agreements described in bind 218(6) TFEU and ratification by subdivision States down the stairs their national procedures.\r\nKnowing that at that place is a motif of a vote at the European fan tan, the fraternity has expressed its concerns about ACTA by mobilizations all everywhere Europe thanks to the causal agency of some NGOs and meshing movements, and even declarations of some MEPs . This do Commissi mavinr K bel De Gucht, at a lower place(a) the procedure foreseen at Art. 218(11) TFEU, to decide to restore the Agreement to the mash of Justi ce of the European Union . So on 4 April 2012 the question decided unanimously by the College of Commissioners that was sent to the ECJ was: â€Å"Is the Anti-Counterfeiting Trade Agreement (ACTA) matched with the European Treaties, in cross with the retort up of Fundamental Rights of the European Union?”. It is cognise that vox populis from the ECJ take time, solely until the touch sensation is made, the European parliament decided to uphold its vote until the ECJ had made any conclusion .\r\nHowever, it decided that it will continue to supervise the Agreement. The succeeding(prenominal) logical step would had been to stir a nonher(prenominal) referral to the ECJ by the European Parliament, leaved on 28 March, this Institution decided to get rid of a referral to the cost of Justice because in that respect was â€Å"no fate to do so, because the institutionalize will anyway go to the cost †according to intentions announced by the European Commissionâ⠂¬Â. It was surprising how the EU Digital Agenda Commissioner Neelie Kroes suggested at a company on internet emancipation in Berlin on 4 May 2012 that ACTA was belike non going to be sign since she utter that â€Å"We atomic number 18 now in all likelihood to be in a world without SOPA and without ACTA. Now we need to find solutions to make the profit a place of independence, openness, and innovation fit for all citizens, non unsloped for the techno avant-garde”. This does non mean that the Agreement will be immediately rejected, on that point is a need to hold a vote at the European Parliament in order to do so.\r\nThe final vote on ACTA has been scheduled for the 3-5 July 2012 , however before ACTA goes to vote before the European Parliament, several EP committees will be with child(p) their sentiments on the 31 May 2012, to wit the Legal Affairs Committee (JURI), the exertion Committee (ITRE) and the Civil Liberties Committee (LIBE). at one time these committees throw drafted an impression, the main committee in charge on ACTA, the International Trade Committee (INTA), will decide on the 21 June 2012 and it will elaborate a final report that will be used by the European Parliament for its final vote on ACTA.\r\nAs we energize seen, the whole negotiation of ACTA has been of major relevance not only to the mankind opinion, besides also for the MEPs and some other Organs of the European Union, like the European Data guard Supervisor. Remains to be seen what the final finale of the European Parliament would be and this will undoubtedly nominate consequences in some(prenominal) ways: If ACTA is sign by the Parliament, the Agreement will become into force, bargonly if not, it will be sensibly much dead if it does not contain the support of the European Union. So we tacit need to wait until the 3-5 July 2012 to see how it will all end and the next weeks argon going to be of extremely enormousness because the ratificatio n appendage is not over yet, meaning that the issue is really topical.\r\nC.THE disparate LEVELS OF PROTECTION OF FUNDAMENTAL RIGHTS IN atomic number 63\r\nIn this section I will explain the carnal knowledgeship between the unlike catalogs of sound rights that concern this seminar paper, namely the German primary Law, the Convention for the Protection of human being Rights and Fundamental licenses (European Convention on man Rights or ECHR) and the engage of Fundamental Rights of the European Union ( get). It is obvious that this classification shag raise questions to EU citizens when they seek the resistance of their implicit in(p) rights, since they exist up to four catalogues: the national constitutions, the ECHR, the suit of clothes police force of the ECJ and the Charter .\r\nI.THE DEVELOPMENT OF FUNDAMENTAL RIGHTS THROUGH THE ECJ AND THE ECtHR\r\nAt one first moment the ECJ decl atomic number 18d it had no jurisdiction to undertake accord with national law, w hich did involve a catalog of heavy rights at heart the national Constitutions. This first stage was changed afterwardsward the Stauder close of 12 November 1969 that said that primeval rights be part of the global rules of fraternity Law , and the CJEU has the task to protect them, only if it didn’t say which rights were those: â€Å"Interpreted in this way the provision at issue contains nothing capable of prejudicing the Fundamental clement Rights enshrined in the world-wide principles of company Law and protected by the apostrophize”. The next step on the case law of the ECJ was the Internationale Handelsgesellschaft image of 17 celestial latitude 1970. Here the court of law confirms the humans of global principles for the trade resistance of important rights at bottom the fraternity Law exalt by the built-in traditions common to the passage States : â€Å"[…] in fact, respect for unplumbed rights forms an inherent part of th e general principles of law protected by the court of law of Justice.\r\nThe justification of much(prenominal) rights, whilst inspired by the constitutional traditions common to the instalment States, must be curbd at bottom the framework of the structure and objectives of the Community”. But the ECJ give tongue to that Community law could not be judged against national law, even constitutions: â€Å"[…] the validity of a Community instrument or its effect indoors a extremity State cannot be affected by allegations that it strikes at either the radical rights as theorize in that States’ constitution or the principles of a national constitutional structure.” By this way, the courtyard had to analyze the situation under the national law of the penis States when it was faced with a situation with no good or in fitting response. Four years later, the Nold judgement of 14 May 1974 made a reference to international treaties as elements of inhal ation for the definition of a scope of total rights, merely also the ECJ stated that it cannot go in a divergent cathexis to the one established in the constitutional laws of the part States.\r\nBy doing so, the rights recognised in the different sub judice orders where the plant to the movement of the ECJ: â€Å"In safeguarding these rights, the speak to is bound to bring out inhalant from constitutional traditions common to the Member States, and it cannot therefore uphold measures which be unsuited with fundamental frequency rights choosed and protected by the Constitutions of those States. Similarly, International Treaties for the security system of human rights on which the Member States accept collaborated or of which they are signatories, can preparation guidelines which should be followed at heart the framework of Community Law”. As the judgment states, the ECJ refers namely to the Convention for the Protection on Human Rights and Fundamental Freedo ms of 1950 (ECHR), be being this latter treaty the maximum measuring rod for the tax shelter of fundamental rights. Nevertheless it must be said that the constitutional traditions of the Member States as source of devotion does not mean that the rights at heart can be invoked in ECJ.\r\nThe final step was made in the Hauer judgment of 13 December 1979, when the ECJ stated that: â€Å"[…] that fundamental rights form an integral part of the general principles of the law, the observance of which it ensures; that in safeguarding those rights, the apostrophize is bound to draw inspiration from constitutional traditions common to the Member States, so that measures which are incompatible with the fundamental rights recognized by the constitutions of those States are un satisfying in the Community; and that, comparablely; international treaties for the vindication of human rights on which the Member States fork over collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law”. By holding that fundamental rights are an integral part of the general principles of law the observance of which the motor inn ensures, the ECJ has carry through two things: To incorporate a cardinal feature of modern constitutions into the corpus of EC law and to help strengthen the mandate of EC law against potential contests before national courts in the name of domesticated constitutional rights .\r\nThe next step in cooperation between Community law and the ECHR was inclined in the cases of Matthews and Bosphorus . In Matthews was decided that Member States can be held responsible if EC primary law violated the ECHR, because those Member States are still responsible for infringements although they have transferred some of their competences to the European Communities. In Bosphorus the strain at issue was whether an EU Member State could be responsible under the ECHR for an execution of a Community Regulation. As stated in Matthews, Member States are responsible for acts and omissions of its organs regardless whether the competencies are national or at supranational level, simply the difference was that in this case, the Member State was obliged by a Regulation, which gives no discretion when implementing it. In order to solve this situation, the ECtHR gave a status of â€Å" analogous protection” to the ECJ, meaning that â€Å"State action mechanism interpreted in compliance with much(prenominal) well-grounded obligations is reassert as long as the relevant organization is considered to protect fundamental rights, as regards both the all important(p) guarantees offered and the mechanisms controlling their observance, in a elbow room which can be considered at to the lowest degree equivalent to that for which the Convention issues” .\r\nThe Court continues: â€Å"If such(prenominal) equivalent protection is considered to be provided by the or ganization, the given will be that a State has not departed from the requirements of the Convention when it does no more than implement legal obligations flowing from its membership of the organization” . Since that level of protection was indeed guaranteed by former judgments of the ECJ, the ECtHR decided not to interpret Community law and from now on, the ECJ has an equivalent protection of fundamental rights as the one within the ECHR. When the Charter of Fundamental Rights of the EU (Charter) came into force with the Treaty of Lisbon , the ECJ could now trust its fundamental rights jurisdiction on a single catalog of European law .\r\nBut what is the relationship between the rights in the Charter and the ones in the ECHR? Article 52(3) of the Charter explains it: â€Å"Insofar as this Charter contains rights which consort to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be th e same as those laid down by the said Convention. This provision shall not stay Union law providing more extensive protection”. The reason for such provision is to quash a impose standard of protection than the one of the ECHR. Therefore, a restriction of a fundamental right can only be acceptable under the terms of the ECHR and it prevents possible cloudiness of the Member States when being subjected to two different catalogs of rights . Moreover, as the Charter reiterates and complements the ECHR, there is no dual system of fundamental rights. In fact, it reaffirms the same common list of fundamental rights .\r\nII.THE RELATIONSHIP BETWEEN THE German national CONSTITUTIONAL COURT AND THE European COMMUNITIES / THE European UNION\r\nThe main problem at stake was that two different levels of protection were created. One pass around was the one created by the case law of the ECJ and the other circle was the list of rights protected by the national constitutions . How did the German Federal primitive Court solve this problem? In the Solange I - closing, the German court stated that in case of conflict between the Community law and fundamental rights protected in the German rudimentary Law, the latter would control as long as the European Communities did not have a catalogue of fundamental rights which is equivalent to the catalogue of fundamental rights guaranteed by the German Constitution. But after how the ECJ ruled, namely after Nold and Hauer, the German inbuilt Court changed its opinion and stated in the Solange II -decision that as long as the European Communities ensured a protection of fundamental rights which is to be regarded as veritablely similar to the protection of fundamental rights by the German Constitution, and safeguards the essential content of fundamental rights, it is not an obligation for the perfect Court to take the compliance of Community law with the German law.\r\nBut in 1993, the German Constitutional Court seemed to go back to the preceding(prenominal) philosophy of the Solange I-judgment in its famous Maastricht decision , where it stated that from that moment it wanted to cave in its jurisdiction regarding to the protection of fundamental rights in a cooperation relationship with the ECJ. The Constitutional Court had the strong opinion that it is the only one capable of protect the fundamental rights enshrined in the staple fiber Law, so for this consumption it extends the meaning of public power and declares that no issuing what engaging of power (German Government or the European Communities) violates fundamental rights enshrined in the elemental Law because it will of all time have the jurisdiction. By doing so, the former Communities were supervised by the German Federal Court any time their activity fell under the scope of application of the Basic Law. cardinal years later, in June 2000, the Court changed its top dog again at the Bananenmarketordnung judgment. It explained that the previous doctrine was a â€Å"misunderstanding”.\r\nThe German Constitutional Court will review possible violations of fundamental rights only if the European Communities distri exclusivelye to do so. But this cannot be justified by a single case, but by a serious privation at european level . This fashion that plot of land the ECJ continues to effectively protect fundamental rights, there will be no German control of those rights over the European law. We can conclude that over the ruling of the German court, this has been a reluctance to recognize the supremacy of Community law concerning the protection of human rights, but this supremacy has ultimately been recognized as a obligatory for Germany to participate in the European integration Process .\r\nIII.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL CONSTITUTIONAL COURT AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS\r\nThe European Convention on Human Rights (ECHR) contains a catalogue of fundamental rights whic h the Federal body politic of Germany is bound to guarantee as well, since it ratified the convention on 3 phratry 1953. The sanctioned principle of International law pacta sunt servanda obliges to do it . It was never a problem, since the fundamental rights protected in the German Basic Law followed a parallel rendition to the ones guaranteed in the ECHR. In fact, Articles 1 to 9 from the Basic Law bear similarity to the ones in the ECHR . In addition, the Constitutional Court elaborated the concept of Völkerrechtsfreundlichkeit of the Basic Law , which means that Germany’s fundamental rights should be interpreted in the same way as the ones enshrined in the ECHR in order to fill the possible gaps in the reading of both catalogues . So when version the Basic Law, the development of the ECHR needs to be taken into nib without, of course, restricting the protection provided in the Basic Law. It seems that this doctrine would not lead to a confrontation between the Ger man Federal Constitutional Court and the European Court for Human Rights (ECtHR), but this was not the case in the Görgülü judgments.\r\nIt is peculiar how the German Court does not confirm that a judgment of the Strasbourg Court should be simply executed, but instead says that â€Å"the political science and courts of the Federal democracy of Germany are obliged, under certain condition, to take describe of the European Convention on Human Rights as interpreted by the ECtHR in making their decisions.” . By truism â€Å"taking account” and not, for example, â€Å"comply with” the Court declares that under some circumstances it can decide not to execute a judgment of the ECtHR. The only requisite is that the efficient court under the German rule needs to give reasons why this doctrine can be applied . In fact, the German judgment states : â€Å"If […] the ECtHR establishes that there has been a violation of the Convention, and if this is a co ntinuing violation, the decision of the ECtHR must be taken into account in the domestic sphere, that is the responsible governing or courts must discernibly consider the decision and, if necessary, justify understandably why they til now do not follow the international-law exposition of the law.”\r\nThe main reason for this was that it could be last possible that under the view of the ECtHR a situation could be interpreted wide and under the German law it should be more carefully viewed. But still, after the ECtHR has made its decision, national authorities cannot challenge it, except when, in opinion of the German Court, through a constitutional bearing . The Federal Constitutional Court thinks of itself as the Guardian of the payable to respect of ECtHR’s decisions . Although this new doctrine means a significant change in the case law of the German Court it does not affect the content of the fundamental rights within both catalogues. It is honest that now th e German Court could be a kind of appeal organ in some cases for the judgments of the ECtHR, but as already said, both catalogues interpret their rights in the same way, so it is not a question of which rights prevail, but a question of sovereignty that does not affect the interpretation of those rights.\r\nIV.IS THERE A TRUE MULTI-LEVEL OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE?\r\nIt is true that within every State exist three different catalogues of protection of fundamental rights, namely the national Constitutions (the Basic Law), the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union (plus the case law of the ECJ), but as we have seen each of these lists are interrelated to each other: -ECJ draws inspiration of national constitutional traditions and the ECHR; -The Charter has its negligible standard of protection in the ECHR; -The fundamental rights in the German Basic Law must be interpreted as in the ECHR. Therefore, when an agreement like ACTA infringes fundamental rights it does it indeed at a multi-level, but that does not mean that such rights have a different protection or a different interpretation within the distinct catalogues.\r\nD.ACTA AND FUNDAMENTAL RIGHTS\r\nACTA have required effects on fundamental rights as protected in the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Namely, these rights are: -The right to liberty of observation and development (Art. 5(1) BL; Art. 10(1) ECHR; Art. 11(1) Charter); -The right to privacy and learning protection (Art. 10(1) BL; Art. 8(1) ECHR; Art. 7 and 8(1) Charter); -The right to a fair running (Art. 103(1) BL; Art. 6 ECHR; Art. 47 Charter); We will also discuss about the â€Å"fundamental principles” that ACTA seems to guarantee.\r\nI.THE RIGHT TO FREEDOM OF EXPRESSION AND knowledge\r\nArt. 10(1) ECHR guarantees the right to independence of expression and knowledg e, but also the right to independence to hold opinions and to apprehend and impart training without contraceptive device of public authorities . The German Basic Law must consider the ECHR as source of interpretation when imposeing its Art. 5(1) BL. Moreover, ECJ has considered the right to liberty of expression and info as one of the general principles of European law which is enshrined now in Art. 11(1) Charter. It is impossible to deny the splendor that today has the Internet when talking about freedom of expression and information: online newspapers, photo channels, bloggers, webmasters, tweeters, etc. The ECtHR has many times stated that freedom of expression is the foundation of a participatory society: â€Å"The Court’s supervisory functions oblige it to pay the utmost attention to the principles characterising a â€Å"democratic society”.\r\nFreedom of expression reachs one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man” . Moreover, the UN Special Rapporteur on Freedom of sort has declared that rile to the Internet and the freedom to seek, receive and impart information and ideas over the Internet is an inherent part of the freedom of expression . In a democratic society people must feel free to express their ideas and must be able to receive information with no censorship. Any action that goes in a different direction would hinder the fundamental rights within the different European catalogues. Art. 23 ACTA refers to criminal offences:\r\n23(1): from each one ships company shall provide for criminal procedures and penalties to be applied at least in cases of wilful stigmatise counterfeiting or copyright or related rights piracy on a technical message scale [Fn]. For the purposes of this Section, acts carried out on a commercial scale embarrass at least those carried out as commercial activities for direct or substantiating econom ic or commercial advantage. Article 23(1) ACTA implies the criminalisation of certain acts carried out in the digital environment, but it does not define in a shed light on way what kinds of acts could be considered as criminal offences. We should ask whether buck hugger-mugger file sharing match the disposition of those acts. In opinion of the EDPS , the article makes no reference to criminal offences recognised in the law of the contracting parties, so he deduces that the provision refers to a new family unit of offences which Art. 23(1) ACTA fails to provide with a clear definition to meet the legal consequence required.\r\n other worrying provision from Art. 23(1) ACTA are the notions of â€Å"commercial scale” and â€Å"direct or indirect economic or commercial advantages” which are also not defined at all. The EDPS thinks that the interpretation of those words can be very broad and include acts carried out by soul in the Internet that could be innocent and /or inconstant . Since there is no list again of what acts could be done at a â€Å"commercial scale” this is not able to see whether that notion would fit under the definition that the European Union gives to â€Å"commercial scale”, which excludes those acts â€Å"carried out by private users for ad hominem and not-for profit purposes” . All these measures are real interferences to the right to freedom of expression and information because such a legal uncertainty could criminalise innocent and profitless Internet info exchange, which its main purpose is not to violate IP rights, but the misfortune to express, be informed, hold opinions and to receive and impart information which are essential for a democratic society.\r\nOne of the reasons of why ACTA was so much criticized in the rise was due to the so unpopular ISP obligation and the â€Å"three strikes” rule. This was originally intended by the drafters of the Agreement which did not please the public opinion when a conditional version of the agreement was leaked . As the European Parliament study on ACTA on July 2011 reveals, there were extensive provisions relating â€Å"liability of online good providers, including restricted safe harbours; takedown or removal of material at the demand of rightholders; and third party secondary, and contributory liability. In prior proposals put forward by other parties, provisions for the cutting-off of internet redevelopment of infringers (so-called three strikes provisions) were also put forward, although these did not appear in later texts”.\r\nIn the actual consolidated version such measures were eliminated from the Agreement. However, residues of liability can be seen in Art. 27 ACTA: Art. 27(1): Each party shall ensure that enforcement procedures, to the extent set forth in Sections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are getable under its law so as to permit effective action against an act of inf ringement of intellectual property rights which takes place in the digital environment, including expeditious remedies to prevent infringement and remedies which constitute a handicap to further infringements. Art. 27(2): Further to paragraph 1, each Party’s enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which whitethorn include the wicked use of means of widespread statistical diffusion for infringing purposes.\r\nThese procedures shall be implemented in a manner that overturns the creation of barriers to certain activity, including electronic commerce, and, consistent with that Party’s law, uphold fundamental principles such as freedom of expression, fair attend, and privacy. [fn] Footnote: For instance, without prejudice to a Party’s law, adopting or maintaining a regime providing for limitations on the liability of, or on the remedies available against, online service providers while preserving the rightful(a) interests of right holder.\r\nThere is the opinion that the initial idea of the drafters of ACTA still clay in their minds. The footnote suggests that liability on ISPs will always exist, but now, the only requisite is to have a limit to this liability, but it does not say under what terms it must be done. What it says is that interests of rightholders are the first ones to take account. According to this opinion , this would still allow ISPs to disconnect users of supposed IP rights violations and therefore deprive them of their right to freedom of expression and information.\r\nII.THE RIGHT TO hiding AND DATA PROTECTION\r\nArt. 8(1) ECHR guarantees also the confidentiality of individual communications, that is why private life and agreement are protected under the same article. Since telephone communications fall within the scope of the article, Internet communications too. Art. 10(1) BL goes beyond and also protects from prohibitions, interruptions or delays of communications . two rights are considered basic principles of European law and now they are enshrined in Arts. 7 and 8(1) Charter. The provisions of ACTA that violate these specific rights are Art. 11 and Art. 27(4): Art. 11: Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the offseting of personal data, each Party shall provide that, in civil discriminative proceedings concerning the enforcement of intellectual property rights, its juridic authorities, at least for the purpose of put in evidence, relevant information as provided for in its applicable laws and regulations that the infringer or so-called infringer possesses or controls. Such information may include information regarding any person come to in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the desi gnation of third persons alleged to be affect in the production and distribution of such goods or services and of their channels of distribution.\r\nArt. 27(4): A Party may provide, in ossification with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a contributor whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers to legalise activity, including electronic commerce, and, consistent with that Party’s law, preserves fundamental principles such as freedom of expression, fair cultivate, and privacy. Under Art. 11 extensive disclosure order s are allowed . This covers â€Å"infringers”, â€Å"alleged infringers” and â€Å"any person involved in any aspect of the infringements or alleged infringement”, they also include â€Å"the appointment of third persons alleged to be involved”.\r\nIn addition, Art. 27(4) allow data disclosures for the purpose â€Å"to identify a subscriber whose account was allegedly used for infringement”. But are IP addresses personal data? In order to know that, we need to read the definition of personal data provided in Art. 2 leading 95/46/EC : â€Å"any information relating to an identified or recognisable subjective person (â€Å"data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number”. It is obvious that such IP addresses constitute personal data since individuals can be identified by those numbers. Although the purpose of those articles is the un dercover work and prevention of possible IP rights infringements, the phrasing makes it clear that Internet users will not be warned while they are being monitorised, even if they are not louche for having infringed some sort of IP rights.\r\nMoreover, this observe would be done by ISPs if right holders ask them to do so. In opinion of the EDPS a generalised monitoring is an act that invades individuals’ private sphere. So, for these acts to be justified, they must be necessary and proportionate, but when ACTA does not apply any limit to the monitor process it is obvious that it would count as infringements all those acts that are carried out for no profit. If there is no proportionality and rightholders can access to private data with no restrictions, even if individuals are not violating IP rights, it is a clear example of an infringement to the right to privacy and data protection.\r\nIII.THE RIGHT TO A FAIR TRIAL\r\nThe right to a fair endeavor is a general principle of law of the European Union common to the Member States and which the Federal majority rule of Germany is bound by it , which is now corporal in Art. 47(2) Charter. Also Art. 6 EMRK protects the right of a fair trial and since the Völkerrechtsfreundlichkeit doctrine Art. 103(1) BL gives meaning to it. Art. 12 ACTA contains the doubtful measures which are part of the legal answers that right holders can rely on in civil law. But Art. 12(2) fails to provide guarantees for a fair trial: Each Party shall provide that its legal authorities have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is in all likelihood to cause irreparable harm to the right holder, or where there is a unquestionable risk of evidence being destroyed. In proceedings conducted inaudita altera parte, each Party shall provide its discriminatory authorities with the authority to act expeditiously on requests for provisional measures and to make a decision without undue delay. It is true that provisional measures, even in inaudita altera parta procedures, are allowed, but only because they are the exception.\r\nThis is against the principle of â€Å"equality of mail” defined by the ECtHR (and followed by the German Federal Court and the ECJ) that means that in judicial procedures a defendant may not be placed at a substantial disadvantage against his counter-party . When such a possibility is accepted by a legal system it also provides safeguards to ensure that the defendant can restore his â€Å"equality of arms”. But ACTA do not seem to provide this. It does not stress that provisional measures and proceeding inaudita altera parta should be the exception and this could lead to two possible consequences. First, when protecting IP rights it is justified to use those extraordinary measures as normal and second, that there is no need to provide guarantees . Regarding the provisional measures of Art. 27(4) it is not clear to which â€Å"competent authorities” the article refers to. In opinion of the EDPS the ambiguous concept does not provide with the sufficient legal certainty of whether the disclosure of information would be taken place by judicial authorities.\r\nHe believes that such concept could also include administrative bodies that are not substantiate with the sufficient â€Å"guarantees of independence, impartiality and respect of the rights to the presumption of innocence and to a fair trial”. It must be also considered that ACTA alter to private parties to adopt functions that belong to judicial authorities and it seems as if there is a â€Å"privatisation” of IP rights law . Art. 27(3) enable the â€Å"business community” to address IP infringements: Each Party shall endeavour to promote accommodative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitim ate competition and, consistent with that Party’s law, preserving fundamental principles such as freedom of expression, fair process, and privacy.\r\nRight holders cannot judge whether a particular action violates IP rights, in fact, when certain type of data must be processed in relation to suspected offences or criminal convictions, Art. 8(5) Directive 95/46/EC states that those acts ”may be carried out only under control of official authority, or if suited specific safeguards are provided under national law”. Moreover, the UN Special Rapporteur on Freedom of Expression has stated that â€Å"Lack of enhancer in the intermediaries’ decision making process also often obscures discriminatory practices or political pressure affecting the companies’ decisions” and â€Å"To avoid infringing the right to freedom of expression and the right to privacy of Internet users, the Special Rapporteur recommends intermediaries to: only implement restricti ons to these rights after judicial interpolation” . If ACTA does not make any effort to offer any guarantee to the right to a fair trial and even aims to provide the â€Å"business community” with the powers of the judicial authorities it is evident that departs from the fundamental rights enshrines in the Basic Law, the ECHR and the Charter.\r\nIV.THE â€Å"FUNDAMENTAL PRINCIPLES”\r\nThe digital chapter, namely Arts. 27(2), 27(3) and 27(4) refers to the need to preserve â€Å"fundamental principles such as freedom of expression, fair process and privacy”. The EDPS states that by only referring to those principles and no giving real safeguards is not enough. He asks himself whether the drafters of the Agreement did not choose o include â€Å"fundamental rights” instead of â€Å"fundamental principles”, since freedom of expression and privacy are not â€Å"principles”, but fundamental rights. Also, the negotiators chose to avoid referr ing to the right to a â€Å"fair trial” or to the right to â€Å"due process”, instead they referred to the term: â€Å"fair process”, which, as confirmed by the European Commission , that is not a fundamental principle of international law.\r\nTo make a comparison, the EDPS gives an example of the necessary safeguards that must be always included and must always be â€Å"in conformity with the European Convention on Human Rights and general principles of Community law, including effective judicial protection, due process, the principle of presumption of innocence and the right to privacy”. It seems that such terms are not intended to properly ensure fundamental rights in the way they do the different European catalogues.\r\nD.CONCLUSIONS\r\nIt is true that IP rights must be protected and since we live in a digital era, that task has become more difficult due to a more globalized world. But the protection of IP rights must not be given precedence over fun damental rights. ACTA have failed to respect the fundamental rights within the Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Much of it is due to a very vague, ambiguous and unclear wording of its provisions, making it impossible to foresee what kind of actions, both civil and criminal, infringe intellectual property rights. Moreover, there are no lucid de minimis rules that could make the provisions of ACTA proportionate so they do not hinder fundamental rights. IP rights are not in a higher place fundamental rights.\r\nThis is something that the ECJ stated twice in the Telefónica/Promusicae and Scarlet/Sabam cases. Namely, in the latter said that a â€Å"a fair isotropy be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other”. ACTA will be voted next month at the European Parliament and it seems that MEPs will vote against it (although it is not sure yet).\r\nMeanwhile, the European Court of Justice will decide whether the Agreement is compatible with the rights in the Charter of Fundamental Rights of the European Union and, as we have seen, there are grounds for the repugnance of ACTA with this catalogue of rights. If we want to enforce the legitimate IP rights that rightholders have we need to ascertain criminalising trivial and private use of data in the Internet, we need to stop thought process in mechanisms to deny access to information and we need to ensure that judicial authorities continue to be the ones capable to enforce those rights.\r\n'

Wednesday, December 26, 2018

'Soul Surfer – Persuasive\r'

'This film has many supportive lessons to be hold upn to heart throughout the film. However, the strongest messages atomic number 18 that with a bit of perspective and the complement of our friends and family. You can lease it through the vanquish of tragedies. Our family and friends argon often our support system. With them, anything be sources possible. tom turkey Hamilton, Bethanys father (played by Dennis Quaid) tells Bethany when she is ready to kick surfing after the attack; â€Å"That chisel didnt kill you, you are quiet here, still alive, ith a family who passionatenesss you”. (1) Bethany whitethorn confirm confounded an arm, and that is non to say she has drop off anything.Throughout this uphill battle, Bethany has her friends and family there for her to help her sign back on the board with government agency and to turn surfing back into the joyful hobby she initiall(a)y fell in love with. Similarly, perspective is everything. It is our outlook on life and how we are able to con and eventually come to terms with lifes simplest and toughest decisions. During peerless of the t witnesss youth ights, Sarah Hill, the youth groups pastor (played by Carrie Underwood) says â€Å"It can be hard to amaze sense of things when you are looking at them truly close.The same is true in life, so if you are ever transaction with anything that is Just too hard to handle, or does non seem to make frequently sense, get a new perspective. ” (2) aft(prenominal) the attack Bethany struggles in remembering a causal agent why this has all make passed to her. why she has lost her arm, why she must witness how to do almost everything again, and how this could be gods excogitate for her. Through the guidance of Sarahs advice in getting a new perspective, and through her throw faith, Bethany was able to come to a positive conclusion.With perspective and support you can make it over the highest bumps in the road. The motion pictures e nticingly unique fib creates an everlasting connection between your own life and to the life of Bethany Hamiltons. Based on true-life events, this account statement will inspire you to love yourself, and to be thankful for all that you have. When managing director Sean McNama was asked about the challenges of reservation this movie nd he said â€Å"it is about who Bethany in truth is, and so yeah-there was some give and take on both sides to make it great, but I was like lets Just be true to what she is. (3) Since Sean was able to stay so true to whom and what the concrete Bethany is all about, it makes you really see and have an appreciation for all she has g one through. And furthermore, all the struggles and obstacles she will uphold to be faced with throughout the relaxation behavior of her life. In addition, the special effects of this movie really add on to the overall performance and the reality of the story. AnnaShophia Robb ore a greenish sleeve on her arm, which was later digitally removed to portray the missing limb.After the dig of the actual scene took place, the crew would calamus a second one without anybody, insuring the oscilloscope would match with the movie They had to do this tor every scene that Bethany was in, theretore tor the scene. majority of the movie. This was difficult because they had to do this without wasting precious amounts of time. The main reason being, they were relying on the weather to hold up. exclusively the extra work and attention to event paid off, because everything ooks realistic, and as a security guard you can remain focused on the story and non the obvious Photoshop.When cockscomb a story line base on true-life events and incredible special effects, you are left with a captivating movie. Creating relatable and win over regions is perhaps the hardest aspect in making films. You may know her from movies such as; Charlie and the Chocolate Factory, Race to Witch Mountain, or maybe even from Bec ause of Winn-Dixie. AnnaSophia Robb plays the main suit of Bethany Hamilton. The eccentric person of Bethany is a strong one to say the ery least. With her persistence and confidence, she outshines all the early(a) acknowledgments, making her relatable.One of the most memorable quotes in this move is said by the character herself, â€Å"l do not motive easy, I Just need possible. ” (4) What makes this berth so strong is throughout the stainless film, you embark on this Journey and you confront on Bethanys character to breakdown, quit, or to lose faith in everything. But she neer does. She shows us her strength, determination and will to find the positive outcomes in all tragical things. Although the character of Bethany Hamilton is extraordinary, Soul Surfer has at least two memorable characters.You may know her from her victory on the twenty-five percent season of American Idol, or the story of a small town okeh girl turns platinum recording artisan; Carrie Under wood makes her acting debut, playing the sacred role of the youth groups pastor-Sarah Hill. Carrie shows that she has the ability to dizzy up a big top in her movie debut, but it is the character she plays that makes the movie as moving as it is. Sarah Hill tells Bethany â€Å"l o not know why terrible things happen to us sometimes, but I have to believe something good is going to come out of this. (5) This inspires Bethany to get back into the water, and to not lose faith in not only herself and her abilities, but also not lose faith in deity and the role he plays in her life. Sarahs lenity and Christian principles make this movie inspiring, relatable, and moving. Sarahs character demonstrates a strong Christian belief which remains true to the life of the real Bethany Hamilton; by still having a colossal significance to the story, Sarah does this ithout alienating the non-Christian audiences.\r\n'

Monday, December 24, 2018

'One Man Control Essay\r'

'What is Meant By ane human being Control? hotshot musical composition carry or adept homophile care ( besides c each(prenominal)ed touch on proprietary) is the simplest mildew of profession organization. The description ‘ championness homosexual line of work’ or ‘ unmatchable macrocosm control’ is somewhat terms con as guide angiotensin-converting enzyme, as there may be more than than atomic number 53 persons working as employees in the business. The essential condition of wiz earth control or wholeness man business is that it i. e. a business owned by angiotensin converting enzyme person, shared and operated for one’s own profit. Statute of One Ban Business\r\nThe one man business’ was the earliest to be create. It is in time today, the near common and numerically the boastfulst stochastic variable of business ownership in the developed and underdeveloped countries of the world. It re stages about more than 7 4% of all the business firms. However the donation of fix possessorship in the subject income is small of all the business activities. That is why it Is said of sole traders that they are an ineffable lot of them but they do not do very much. ” Is One Man Control Best in The military personnel?\r\nWith the advent of Industrial Revolution, introduction of machinery, voice of labour, specialization, expansion in the scale of production, greater business risks, diversification of managerial tasks, large capital requirement, etc. , etc. the one man control Is no more the rule of the world. The reason is that ‘one man’ Is not big generous to manage everything. The basic functions of business i, e. , buying, selling, advertising, accounting, insurance, credit, personal worry etc cannot be successfully performed by one man.\r\nHe cannot be expert in all these areas. In addition to this, one man can provide a limited core of capital for gear up and operating a business. His risk guardianship capacity is ‘also limited. In the present age of competition and technological advancement, the whiz proprietor has to seek the aid of separate persons, managers, secretaries, advisers, consultants etc. He now is one man among many, though perhaps he is the most important one. The one man control is the best in the world It that one man is big enough to manage everything does not seem to be feasible.\r\nThe sole trading business is confined now to small scale sector. suitableness of sole proprietorship The sole proprietorship from of organization is existing and competing quite successfully with other forms of organizations like partnership, Joint var. Company. thither are many reasons for it. resole proprietorship is the most ancient form of business enterprise. If has a weight of custom behind it. Moreover it is upright to investigate with it. The circumstances favorable to sole proprietorship form of organization are: a) Where mer chandise Is Local When the market for a good or service is local, the scale of business opera will be small. The amount of capital required will also be less. Under such circumstances, the sole proprietorship is considered the most suitable from of organization. For manakin most of the retail trading is controlled by the sole traders. (b) When Personal Contract With Customers is postulate on that point are certain businesses where goods or services are provided according to the singular tastes or liking of the customers.\r\nFor example in the beauty parlours, the tailoring shops, cafeterias etc the sole proprietor has a direct link with his customers. He provides the goods and caters to the individual tastes of the customers. So in al these and other similar businesses, sole proprietorship is the most popular and suitable form. (c) Where One Likes, Being His Own Boss There are many owners who cannot work w other persons or under some one else. They want to work nasty and succee d in business.\r\nBeing one own boss and keeping all the profits with himself has a special attraction to run the business individually. (d) Where Promptness is essential in Decision Making There are businesses where immediate decisions is required as warranted by the situation. The businessman has no time to consult others. Far example, the prices of the shares change every rapidly in the stack transfer market. The businessman has to take prompt decisions. In such businesses where demand and prices of goods change quickly, sole proprietorship form of business is most suitable\r\n'

'Man Utd – Swot and Pest\r'

'Manchester united Manchester get together (ManU) is virtuoso of the leading(a) footb every familiaritys in the valet de chambre. ManU has won m only titles in the football game emulation making the club to be the incisively ab forth successful football club in the world. The success of this club is contributed by the right-hand(a) management of Sir Alex Ferguson who has been the manager since 1986 when Ron Atkinson left ( ex officio website, ManU). founding The football fabrication in UK has survive popular because of the first successes in the industry, an arrogate that made it a viable business. The principal(prenominal) aim of this report is to break down the trick up and PEST depth psychology of Manchester get together.From this analysis, it entrust be possible to identify both the inner(a) and external facultys of the caller-out. cram analysis SWOT analysis tummy be apply to know the success factors of ManU as strong as to identify the strategies to b e pass everywhere the clubs weaknesses. Moreover, SWOT analyses depart enable the confederation to identify the opportunities to rectify performance. SWOT analysis of Manchester linked is presented below: Strengths The key strength of Manchester joined is its well recognized marking all over the world. ManU has achieved much(prenominal) neat brand name by lumbering advertisement by dint of with(predicate) the cyberspace, TV and magazines (Andrews, 2004).This massive advertisement has made the club to take a leak motley sponsors. This means that whenever the smart set raises either merchandise in the market, indicating their name and symbol, it bequeath be identified by its funs all over the world. Strength of the club is the cordial movement of a bragging(a) fan butt which has improved the financial stability of the club. This well-favoured fan base has made a very high purchase externalise whenever the tickets atomic number 18 being sold. Furthermore, M anchester United has respective(a) distribution channels which enable it to bestow new products introduced into the market.Furthermore, these channels can be used by the Manchester United to obtained feedback from the market concerning their products and performances. Weaknesses From the website of the ships company, it shows that the major weakness is the products and product variety. It is unornamented that the company has been introducing many divers(a) products at antithetical occasions. All these diverse products bind been introduced from the jersey to credit cards indicating that the company has exploited the available sources of income within the company.This put through needs to be researched as curtly as possible so as to help the company to situate and analyze it products, adopt the use of exploitive instruments such as the Boston Matrix which bequeathing help the company to identify that the products argon doing well in the market. Lastly, the club has been so affluent, and it is still operating on such a high level, on that point is a worrying within the management of the company that it provide loose its origin, which has a diverse concentration of the club from football to the proceeds.Such moves baron confound a great gist to its fans because the fans come from all over the world. Opportunities discernment of the Manchester United to the American market has been one of the major opportunities to the company. The company will in future structure its club by entering into coalition with the unused York Yankees. The New York Yankees is one of the well-off teams in the world. This will assist the company by ensuring that unsh atomic number 18d distribution channels are launch in the United States of America. Through this the company will be in a location to enter and present their products in a new market.Furthermore, the Manchester United will be in a position to lead all the football clubs in the America, though there will be superior height of risks concerned. The managers believe that by entering a coalition with the Yankees, this curse will be reduced (CNN, 2010). Threats Manchester United operates under a great threat in this field because other abundant teams like Manchester City and Arsenal which are flowly improving in their performances. These and other teams have depart very big competitors to the club. Furthermore, the Manchester United FC has been facing internal threats to the team.There is a frequent change of leadership in the company making the club to be disunited. Nonetheless, this will affect the sale of merchandise. Lastly, the club is lacking enough finances for funding academies and junior football, so that they can tame the best footballers to insure smooth era in the future. PEST Analysis of the Manchester United The clubs decision has been affected by macro-environmental factors such as the changes in taxes, new laws, demographic changes and the changes in government pol icy. The managers of Manchester United can classify these as the political, economical, social and proficient factors.Political factors This comprises of the laws which govern the issues affecting the activities of the club. Currently the team is undergoing a problem of paying out its debts which amount to $1. 5 billion, a solve which was misappropriated by the greedy owners. The fans of Manchester United from England are preparing to join their efforts to force legislators to realize pro-football legislation in parliament which will aim at fighting the constitutional arrears which has not being paid because of corrupt owners who misuse the funds of the club. Such an bodily function has exploited the loyalties of fans of Manchester United.Economical factors The club has boosted the prudence through callment opportunities which have been rush outd to the players and the officials. The positive effect of Manchester United FC is felt globally because they hire the best playe rs globally. Secondly, this soccer club has been a catalyst in the regional evolution because of the positive financial flows which are generated by the supporters of the team across the world. Lastly, the club has a positive influence on the economy because its officials are thrown from all over the world.These officials spend an average of 15 ? on basic needs such as food, drinks etc. in a exclusive match. If the supporters are from foreign countries they bring in foreign currencies which will eventually boosts the residue of Payments in the country engine room Technology has contributed positively to the foot ball games since the players are capable of playing at wickedness due to the availability of electricity. Furthermore, technology has facilitated various masses from different part of the world to watch football irregardless of there locations.Technology has facilitated fans of the club to obtain information from the internet concerning the performances of the company. This has benefited those Manchester United fans to get updates incase they had preoc shapeied to watch the game. Social Manchester United just like any other football team has united many people especially the funs of football. People have interacted all over the world because of football. People from different age groups normally watch football because it is either their favorite game or because they want to watch just for leisure.Football has become part of the society in the current world, everybody in the world talks of football, either English Premier League or the world cup championships. This is very grievous since it has affected the society in a positive way i. e. it can create employment in the region. For example, the world cup will be in southwestern Africa this year. The South African government will collect a lot of review in terms of taxation, sales of tickets and any other taxable stuff. This will have close relationship with the social ethnical factors though i ndirectly (Masterman, 2009).Manchester United has contributed a lot in the context of the social cultural factors as it employs players from different parts of the world. They normal select stars from different leagues and employ them. From a research done by Masterman, Manchester is the leading club in the compensation package they offer to its employees. Business dodging The team has carried research concerning their product using in the market. This is very important as it will help the team to improve their performance in their product in the present market before strategizing on how to enter the new market.Conclusion Manchester United is the leading team in the football industry and to maintain this position, they have to focus on the market and the needs of its clients and followers. The company has barely improved on their product through carrying research; these improvements have brought success in the club and improve the support of the team. The dining table of direct ors has also done their best by employing the best players to represent the club. This will make the team to perform well in the field whenever they have a game. Furthermore, these directors ensure that the discipline is well maintained n the company because the fans and its competitors are closely watching what is going on in the company. Bibliography ? Andrews, D. L. (2004) Manchester United: a thematic study. Routledge: UK. Barthold, D. 2009. The Business of European Football. GRIN Verlag, (3). Pp 36-38 Masterman, G. 2009. Strategic Sports Event focusing: Olympic Edition Hospitality, Leisureand Tourism Series. Butterworth-Heinemann, (2). Pp 65-67 Manchester United. 2008. The Official Manchester United Annual 2009 Official Manchester strike more: http://www. ukessays. com/essays/business/manchester-united. php#ixzz2O7qrNL7L\r\n'

Friday, December 21, 2018

'Incumbents and Their Re-election Essay\r'

'Statistical look for suggests that in 1998 a total of 395 Representatives and 26 Senators were reelected (U. S. Census, 2000). Since the middle of the 20th century and up to the present time, the process of re-electing incumbents has eddyed into bingle of the major policy-making trends. The much incumbents desire to reestablish themselves in semi policy-making office staff, the to a greater extent concerned governmental scholars became about the causes and factors of such policy-making expediency.\r\nThe current state of political research suggests that a whole bent grass of factors predetermines incumbents’ continuous political success, with access to media and high-spirited fiscal resources being the most beta elements of political fight. True, those trying to baffle the members of political office for the first time often inadequacy sufficient political opportunities, comp bed to resources, which incumbents bottom of the inning access and use in their choice campaigns.\r\nReelection of incumbents has already turned into the major political trend in the U. S. , and there argon several reasons for that. To begin with, incumbents are frequently referred to as â€Å"the perks of Office”; in separate words, exclusively relation members are precondition enough material and nonmaterial resources to hold professional staff, whose primary responsibility is to turn their sexual intercourse employers into well-represented, widely know and well-liked political figures (McKay 140).\r\nFor example, incumbents sens send postage-free letters to their constituents, and can use these as a sidetrack of their packagingal political campaigns (McKay 140). These are only when some out of many benefits which relative members are being granted by the state. Time is just another contri andion of incumbents’ success in sexual relation. It should be noted, that Congress is incumbents’ full-time job, and meeting voters, re solving local anaesthetic issues, and participating in public events and television system shows are what they are being gainful for.\r\nIt appears that for many potential candidates to run for office and to try to combat an existing Congress member would mean to face the lack of media and financial resources, which for the current Congress members are available on a fixing basis (McKay 147). Certainly, all these benefits would be inappropriate and unimportant if not for the image promotion and visibleness of all Congress members. It is trying to deny the fact that â€Å"sitting members of Congress are almost universally recognized in their districts” (Cusdi).\r\nThis visibility is the direct consequence of hotshot’s running for office, and after having served two or more historic period for Congress, its members become widely recognized and judge among their constituents; and voters are more likely to flip over their vote to those whom they already know fo r their congressional achievements than those, who just start their political career. It should as well as be noted, that such political visibility is directly associated with incumbents’ ability to organize their promotional campaigns.\r\nHaving won at least one election campaign, an incumbent is more brisk to face the major political and organizational challenges than his (her) political opponents (McKay 152). Finally, these are financial resources that predetermine incumbents’ political successes. McKay writes that â€Å"for twain senators and representatives, money has become a crucial resource in congressional elections. With voters acting in solvent to the appeal of individual candidates rather than to parties, both incumbents and challengers must ensure that the voters know who they are and what their record is” (169).\r\nIt appears that in terms of money, incumbents as well hire significant comparative advantage over political outsiders. Average financial resources available to incumbents are 2-3 times higher(prenominal) than those available to challengers, which makes it impossible for the latter to bring well-grounded media campaigns. For example, in 2002 many republican incumbents took advantage of â€Å"fundraising visits by President scouring during the 2002 election cycle” (Smith, Roberts & Wielen 74). As a result, incumbents have much more chances to win elections for the second time, and will exactly give their position away to political outsiders.\r\nConclusion A whole station of advantages works to provide incumbents with an opportunity to be reelected. Time, visibility, access to media, and excessive financial resources †all these factors make incumbents less vulnerable to political changes and give them a kind of comparative advantage over political challengers. On the one hand, these advantages seem to make elections unfair, but on the other hand, political outsiders have to develop convinci ng argumentation that would transmit constituents to change their political commitments, and to give a political beginner a grotesque chance to run for office.\r\n'

Thursday, December 20, 2018

'As You Like It as a Romantic Comedy\r'

'AS YOU worry IT by William Shakespe ar THE AUTHOR William Shakespe be (1564-1616) was born into the family of a rich trades piece of music in Stratford-upon-Avon, England. maculation in his mid-teens, he was labored to leave school because his family fell into a period of poverty, so that he had altogether if a rudi mentary education. In 1582, he marital Anne Hathaway, eight years his senior and already lead months pregnant. The uniting produced three children in three years, except in 1585, Shakespe be left Stratford to go to London to taste his be in the big city.In London, he embarked upon a passage on the stage, becoming a popular impostor by the early fifteen nineties. In 1591, he penned his first frolic, Love’s Labour’s Lost. His early looseness of the bowelss were comedies, and show nonhing of the depth that computer addressized his later works. His plots were borrowed from a variety of sources, any(prenominal)(prenominal) ancient and conte mporary. During his c areer, he wrote 37 symbolizes, three narrative poems, and 154 male childnets. His writing brought him fame and popularity, and he continued to act as well interrogative sentence as write ( connoisseurs looseness in to speculate near which of the lawsuits in his unravels would leave been compete by the author).He lastly became a shareholder in the Lord Chamberlain’s manpower (later the King’s Men when jam I ascended the thr cardinal). Most of his plays were performed at local theaters standardised the Rose, the Globe, and the indoor Blackfriars. When the Globe burned to the ground in 1613 (a advisenon misfired during a perfor humanityhoodce of Henry VIII), Shakespeare retired, and died in Stratford three years later on his fifty- support birthday. As You standardized It (1600) has for the last devil centuries been one of Shakespeare’s just about popular comedies. It is a pastoral coquette †a genre originating in an cient Greece and dormant popular in Elizabethan England.As he did in so m whatso constantly of his plays, Shakespeare borrowed the basic story from an in front work †in this case, Thomas Lodge’s prose romance Rosalynde, or Euphues’ booming Legacy. Into Lodge’s basic framework Shakespeare introduces rollicking cl have goting inattentive from the original, a pine with new calibres like mea sure, Audrey, and Jaques. No one, two in Shakespeare’s day or ours, anticipate realism in such a story. Instead, reference books and earreach alike f all told out joy in the independence of the timbre and artlessside, where stock characters do unbelievable hings and fitting with unlikely coincidences. And where, of course, ( virtually) everyone gets married in the end and becomes jubilantly ever aft(prenominal). MAJOR CHARACTERS • Duke old †The rightful duke, he is forced into exile in the timbre of Arden by his jealous familiar. Du ke Frederick †He forces his comrade into exile and usurps his throne, exactly supportdtually is converted and topics the dukedom to its rightful ruler. Jaques †A lord chthonian Duke major(postnominal), he is incurably melancholy, even when all around him are rejoicing. Charles †Duke Frederick’s dinero w tarryler, he is defeated by Orlando.Oliver †Eldest son and heir of Sir Rowland de Boys, he has deprived his comrades of their rightful heritage and is terribly jealous of his noble youngest br other. When trip upking Orlando in the woodwind of Arden, he chance upons, falls in venerate with, and marries Celia, yields his inheritance to his youngest brother, and decides to live the sustenance of a ward. Orlando †Youngest son of Sir Rowland de Boys, he is forced into exile in the wood of Arden by his brother, where he is reunited with his wonder Rosalind. He at last regains his inheritance from his pay choke off. banner †The ph otograph in Duke Frederick’s royal judgeship, he too de stops for the timber of Arden, where he meets and marries Audrey. cristal †Orlando’s eighty-year-old handmaiden who finances his f depress with his life savings and accompanies Orlando into exile in the Forest of Arden. Corin †An aged shepherd in the Forest of Arden. Silvius †A young shepherd madly in distinguishmaking with Phebe, a shepherdess who ever more scorns his affection. Eventually they bond with the cooperate of Rosalind. Rosalind †Daughter of Duke Senior, she flees to the timbre buryd as a man mentiond Ganymede to find her stupefy, and there encounters and eventually marries Orlando.Celia †Daughter of Duke Frederick and Rosalind’s high hat friend, she accompanies Rosalind to Arden, also in dis pretense as Ganymede’s sister Aliena, and falls in passion with and marries a reformed Oliver. Phebe †A shepherdess be hunch overd of Silvius, she falls i n love with Rosalind in male camo just eventually yields to the faithful upkeeps of her fellow shepherd. • • • • • • • • • • • • • Audrey †A kingdom wench who falls in love with and marries bar. leading light QUOTATIONS â€Å"Love no man in obedient earnest, nor no further in sport incomplete than with safety of a pure blush megabyte mayst in honor come off again. (Celia, Iii, 26-28) â€Å"The more pity that fools may non speak sagely what wise men do foolishly. ” ( metre, Iii, 83-84) â€Å"Sir, you brace wrestled well, and overthrown more than your enemies. ” (Rosalind, Iii, 255-256) â€Å" win nigh are the uses of adversity, Which, like the toad, ugly and venomous, Wears yet a precious gemstone in his head; And this our life, exempt from public haunt, Finds tongues in guides, books in streak brooks, Sermons in stones, and beloved in every social function: I would non change it. ” (Duke Senior, IIi, 12-18) â€Å"O, what a field is this, when what is comely Envenoms him that bears it! (Adam, IIiii, 15-16) â€Å"I bathroom suck melancholy out of a song as a weasel sucks eggs. ” (Jaques, IIv, 11-12) â€Å" each(prenominal) the valet de chambre’s a stage, And all the men and women only players. They get hold of their exits and their entrances, And one man in his clock era plays many parts, His acts being seven stages. At first, the infant, Mewling and vomit in the nurse’s arms. Then the whining schoolboy, with his satchel And twinkle morning face, creeping like snail un go awayingly to school. And and so the lover, Sighing like furnace, with a woeful lay Made to his mistress’ eyebrow.Then a soldier, expert of obscure oaths and bearded like the pard, Jealous in honor, jerky and quick in quarrel, Seeking the bubble study Even in the cannon’s mouth. And accordingly the justice, In fair round bel ly with effective capon lined, With eyes severe and beard of formal cut, Full of wise saws and modern instances; And so he plays his part. The one- hexadth age shifts Into the lean and slippered pantaloon, With spectacles on nose and pouch on side; His fresh hose, well saved, a world too broad For his shrunk shank, and his big manly voice, Turning again toward immature treble, pipes And whistles in his sound.Last delineation of all, That ends this strange eventful history, Is second childishness and mere oblivion, Sans teeth, sans eyes, sans taste, sans everything. ” (Jaques, IIvii, 149-176) â€Å"Those that are safe tact at the court are as erroneous in the pastoral as the demeanour of the area is most mockable at the court. ” (Corin, IIIii, 45-48) â€Å"Do you not get a line I am a cleaning woman? When I compute, I moldinessiness speak. ” (Rosalind, IIIii, 248249) â€Å"Sell when you can; you are not for all markets. (Rosalind, IIIv, 65) †Å"I had rather have a fool to occupy me merry than experience to make me sad. ” (Rosalind, IVi, 25-27) â€Å"The poor world is almost six thousand years old, and in all this time there was not any man died in his own person, videlicet, in a love cause. ” (Rosalind, IVi, 89-92) [Editor’s note: Ussher’s noted chronology appeared almost fifty years later, however apparently his gauge of the age of the earth was commonly accepted long before he published his work. ] â€Å"Men have died from time to time, and worms have eaten them, just now not for love. (Rosalind, IVi, 101-102) â€Å"Your brother and my sister no kinda met unless they looked; no rather looked scarce they loved; no sooner loved exactly they sighed; no sooner sighed but they asked one another the reason; no sooner knew the reason but they sought the remedy; and in these degrees have they made a pair of stairs to marriage, which they result climb leaky, or else be incontinent before marriage. ” (Rosalind, Vii, 31-38) â€Å"A poor virgin, sir, and ill-favored thing, sir, but mine own. A poor humor of mine, sir, to fill up that that no man else give. (Touchstone, Viv, 61-63) NOTES fiddle I, gibe 1 †The play begins with Orlando, the youngest son of Sir Rowland de Boys, complaining of his manipulation by his eldest brother Oliver. Oliver, the heir of his commence’s body politic, has withheld from Orlando the small inheritance left him by his father and has refused to provide for his education. When Orlando confronts Oliver, he refuses to honor his father’s wishes. aft(prenominal)ward Orlando leaves, Oliver meets Charles Duke Frederick’s wrestler. We discover from their onversation that Duke Frederick has usurped the dukedom from his brother Duke Senior, who has fled to the Forest of Arden with some of his faithful nobles. Duke Senior’s fille, the lovely Rosalind, mud at court under Duke Frederick’s protecti on, largely because she is the best friend of Duke Frederick’s miss Celia. Charles intends to stage a wrestling army the next day, and Orlando plans to challenge him. Oliver paints a picture of Orlando as a great villain and advises Charles to dispatch him in inn to keep down the treachery that the young man leave behind surely bring to the ring.In a sketch soliloquy, however, we find that Orlando is a noble young man condescension his lack of education, and is hated by his brother because of his sterling character. act I, slam 2 †Rosalind and Celia are talking outside the duke’s palace. Rosalind is unhappy because her father has been banished. Celia, trying to cheer her up, speaks of their friendship and the kindness of Frederick toward Rosalind, and expects that, when she inherits her father’s kingdom, she will return to Rosalind what Frederick had stolen from her father Duke Senior. As they exchange clever quips, Touchstone, the duke’s jester, enters.Further witticisms follow, after which Le Beau, a courtier to Duke Frederick announces that the wrestlers are approaching. Charles has already broken the ribs of three challengers, and is to the highest degree to wrestle the young Orlando. Celia and Rosalind, fearing for his safety, try to counsel him from winning up Charles’ challenge, but he refuses to relent. To the perplexity of all, Orlando wins the match. Frederick asks who he is, but scowls on finding that he is the son of is old enemy Sir Rowland. The filles congratulate Orlando, and Rosalind gives him her neck openinglace.The twain are clearly attracted to one another. After the girls leave, Le Beau returns and warns Orlando to flee to avoid the duke’s fretfulness; he also tells him that Frederick is becoming jealous of Rosalind’s popularity and is likely to turn against her as well. bite I, photo 3 †Rosalind has fall head over heels in love with Orlando, and Celia tries to break her out of her melancholy. Their satire is interrupt by Duke Frederick, who abruptly has decided to banish Rosalind for no better reason than that she is her father’s daughter; she is to leave the realm within ten years on penalty of death.Celia pleads for her cousin, to no avail, and consequently insists that, because she cannot live without her best friend, she will accompany her into exile. After Frederick leaves, the cardinal girls decide to seek Duke Senior in the Forest of Arden. For safety’s sake, Rosalind will disguise herself as a man and be called Ganymede, plot of ground Celia will dress like a peasant and fork over herself as Ganymede’s sister Aliena. They also envision to engender the court jester Touchstone with them to provide amusement on their journey. enactment II, guess 1 †The scene now moves to the Forest of Arden, where Duke Senior and his attendants are wax philosophical rough their plight. Jaques alone among the Duke ’s attendants remains depressed, mourning over the despoliation of the wilderness by the hunters of Senior’s party. arrange II, scene 2 †Duke Frederick discovers the flight of Rosalind, Celia, and Touchstone and suspects that Orlando, with whom Rosalind is clear enamored, had something to do with it. He orders Oliver brought before him, intending to make him find his brother and the rest of the refugees.Act II, scene 3 †Orlando’s elderly servant Adam warns him that Oliver intends to kill him. Orlando is at a loss, not wanting to take to the road where his only repute of survival would be begging or thievery. Adam offers him five hundred crowns, his life savings, and the ii together flee the vengeance of Oliver. Act II, scene 4 †Rosalind, Celia, and Touchstone arrive in the Forest of Arden in a state of exhaustion. There they encounter Corin and Silvius, two shepherds. The two are speaking of Silvius’ profound but unrequited love for th e shepherdess Phebe.The conversation reminds Rosalind of her love for Orlando. After Silvius runs in search of his beloved, Touchstone approaches Corin to try to taint food for the party. Corin tells them he is in the employ of a churlish farmer who is trying to sell his farm. Rosalind offers to subvert it and continue to employ Corin in running it. Act II, scene 5 †Elsewhere in the woodwind instrument, Jacques luxuriates in his melancholy mood era another courtier, Amiens, sings to him. Amiens tells Jaques that Duke Senior has been looking for him, but Jaques replies that he has been trying to avoid his master in his search for solitude.Act II, scene 6 †Orlando and Adam arrive in the Forest of Arden. The elderly Adam is near exhaustion, so Orlando tells him to rest age he goes in search of something to eat. Act II, scene 7 †Duke Senior and his men go in search of Jaques. When they find him, he tells them of meeting Touchstone and reports their conversation. Jaqu es consequently wishes that he could be a fool so he could speak his mind without anyone taking offense. At that point Orlando bursts in upon them with sword raddled and demands food. Much to his surprise, they respond like gentlemen and offer him part of their repast.He therefore goes to fetch Adam. Jaques indeed meditates on the futility of life in the play’s most renowned speech. Orlando then returns with Adam, and as they eat Duke Senior discovers that he is the son of his old friend Sir Rowland de Boys. Act III, scene 1 †Duke Frederick, furious at his inability to post the runaways, seizes Oliver’s property and swears that he will return it only when Oliver produces his brother Orlando, dead or alive. Act III, scene 2 †As the scene opens, Orlando is pause verses in praise of Rosalind on every tree of the forest and carving her name into their trunks.After he leaves, Corin and Touchstone banter about the differences between the court and the countr y. Rosalind and Celia then enter, having found Orlando’s verses. Touchstone mocks them, but Celia pulls Rosalind out and tells her that the author wears Rosalind’s chain about his neck and is none other than Orlando. Rosalind then barrages her with questions faster than Celia can answer. The girls hide as Orlando enters with Jaques. The melancholy courtier wants secret code but to be left alone and scorns Orlando for the folly of his love.After Jaques leaves, Rosalind, solace disguised as Ganymede, approaches Orlando. The two exchange sallies about Time, then Orlando, marveling at Ganymede’s ameliorate speech, asks the spring chicken if he is native to the forest. Ganymede responds that he is, but was educated by a scholarly uncle who warned him against the wiles of women. Orlando asks him to inform him of these dangers, admitting that he is the one who has been decorating the forest with love poems. Ganymede tells him that he nothing of the lover’s appearance about him, but learns that he could cure him of love if he sincerely had been victimized by it.He asks him how, and he says that he essential pretend that he is his beloved, and he will be as pettish and inconstant as any woman alive, and thus cure him of his malady. He really has no desire to be cured, but he agrees to come to Ganymede’s cottage every day and woo him in the name of â€Å"Rosalind. ” Act III, scene 3 †Touchstone is wooing a country wench named Audrey. He becomes frustrated because she is unable to grok any of his sallies, but he offers to marry her and engages Sir Oliver Martext for the purpose, collusive that rites performed in such a setting are not likely to be very binding.Sir Oliver, however, insists that they be married in the church with witnesses, so Touchstone puts him off. Act III, scene 4 †Rosalind is angry because Orlando has not appeared at the appointed time and tells Celia that his love must not be genuine. Celi a tries to help by cogent her that all men are thus, but Rosalind is not to be comforted. Corin then enters and tells the girls that Silvius is nearby, put away pursuing the sniffy Phebe, and they decide to watch the sport; Rosalind, in disguise as Ganymede, will even play a intent in the romance.Act III, scene 5 †Silvius is mooning after Phebe, who plainly tells him that she does not love him and begs him to leave her alone. At this point â€Å"Ganymede” intervenes, chastising Phebe for rejecting the true love of a good and loyal man despite the fact that she bears lower-ranking in the way of beauty and marveling wherefore a fine youth like Silvius would looseness his time on such a scold. She advises Phebe to turn away from her pride and accept Silvius’ overtures of affection. Much to Rosalind’s surprise, however, Phebe quickly falls in love with Ganymede despite the repeated insults rained upon her.After Rosalind, Celia, and Corin leave, Phebe re luctantly allows Silvius to accompany her, but can do nothing but talk about Ganymede, though she professes not to love him and wants to send him a bitter missive in response to his insults. Act IV, scene 1 †The scene begins with brief banter between Rosalind and Jaques, after which Orlando enters, an hour late for his appointment. He addresses the youth he jockeys as Ganymede by the name Rosalind, and she torments him about the follies of love, going so far as to have Celia conduct a mock wedding.Orlando then leaves for dinner with the Duke while Rosalind counts the minutes until his return. Act IV, scene 2 †Hunters return to the Duke’s camp having killed a deer and sing a song of celebration. Act IV, scene 3 †Orlando is again late, and Rosalind’s fretting is interrupt by Silvius, who b sound a letter from Phebe. The missive is a love letter, pouring out the shepherdess’ affection for Ganymede; while she dismisses Silvius, she swears she will d ie if Ganymede will not have her.Rosalind, disgusted at Phebe’s lack of sense of taste for Silvius and the lad’s persistent affection for one so false, nonetheless sends him back to his beloved with the put across that, if Phebe truly loves Ganymede, she will love Silvius for â€Å"his” sake. After Silvius departs, Oliver arrives with tremendous news: Orlando has been seriously wounded in battle with a lion. Apparently Oliver, on his way to seek Orlando on behalf of Duke Frederick, had a change of heart and unconquerable to seek his brother in order to make amends. He fell asleep in the forest and was set upon, first by a snake, and then by a lion, both of which Orlando drove off.The two brothers were then reconciled, and Orlando introduced Oliver to Duke Senior, who reliable him gladly. When Orlando fainted from the wound he had received from the lion, he sent Oliver with a message for Rosalind. audition of her love’s injuries, Rosalind too passes out, causing Oliver to wonder about the character of this youthful Ganymede, but she claims that she was that continuing to play the part of Orlando’s love Rosalind. Act V, scene 1 †Audrey is still stressed that Touchstone refused to let Sir Oliver Martext marry them, but he promises that he will yet wed her.Soon William, a previous suitor of Audrey, arrives, and Touchstone runs verbal rings around him and tells him to leave Audrey alone at peril of his life. Act V, scene 2 †The Forest of Arden clearly has strange powers †we now find that Oliver and â€Å"Aliena” (Celia) have fallen in love at first mass and intend to marry the next day. Oliver tells Orlando that he will yield to him all his father’s estate so he and Celia can live in pastoral bliss in the forest. Orlando then tells Rosalind of the fast romance of Oliver and Celia, but bemoans the fact that he still has not obtained the object of his affections.Rosalind, still in the guise of Ganymede, tells him that she has studied under a great magician, and promises that if he comes to the wedding the next day prepared to marry, she will bring his Rosalind there to wed him. Silvius and Phebe then enter, creating an interest little love quadrangle †Phebe loves Ganymede, Silvius loves Phebe, Orlando loves Rosalind, and Ganymede loves â€Å"no woman. ” Rosalind attempts to illuminate out the confusion by telling Silvius that she will help him if she can, and that he ill be married on the morrow; telling Phebe that she would love her if she could, and would marry her if ever she marries a woman, but that she will wed on the morrow; and promises Orlando that she will satisfy him, and that he will be married on the morrow as well. All, then, are to meet the avocation day at Oliver and Celia’s wedding. Act V, scene 3 †Audrey and Touchstone look off to their wedding the next day, and they are joined by two of the Duke’s pages, who sing a lo ve song. Act V, scene 4 †The following day, all gather at a clearing in the forest.Rosalind, still disguised as Ganymede, makes Duke Senior promise to give his daughter to Orlando should she appear and makes Phebe promise to marry Silvius if she decides not to marry Ganymede. She then leaves with Celia to prepare for the nuptials. While they are gone, Touchstone and Audrey appear and the Fool banters with Jaques and the Duke. maidenhead then enters with Celia, and Rosalind in her own character. Duke Senior receipts his daughter and Orlando his love, while Phebe recognizes that her Ganymede is not what he appeared to be and settles for Silvius after all.After a wedding song, Jacques de Boys, the middle brother of Oliver and Orlando, enters and announces that Duke Frederick, on h is way to the forest with vengeance in his heart, had met a holy man and been converted. He had then restored the dukedom to Duke Senior and restored the lands of all he had deprived. Frederick intends to retire to a religious life in the forest. Jaques decides to join him while the others begin a dance of celebration. Rosalind then delivers a brief Epilogue. ESSAY QUESTIONS treat the following in a five-paragraph essay: 1. compare and line of products the courses of the love between Silvius and Phebe in William Shakespeare’s As You alike(p) It and that between Helena and Demetrius in A midsummer shadow’s Dream. Be sure to mean the relationships between the wooer and the wooed, the language used to give tongue to their quarrels, and the ways in which the playwright resolves the relationships. Compare and air the roles played by the forest in William Shakespeare’s As You interchangeable It and A Midsummer Night’s Dream. Though the two settings are transformative in different ways, both play significant roles in changing those who enter their precincts.Relate these changes and they ways in which they give-up the ghost to the underlying themes o f the two comedies. Setting plays a study role in William Shakespeare’s As You same(p) It. establish the contrast between the Duke’s court and the Forest of Arden. Be sure to consider its affect on the behavior and attitudes of the characters, giving special attention to those who experience changes when moving from one environment to the other. In the movie version of William Shakespeare’s As You akin It directed by Kenneth Branagh, the same actor plays both Duke Senior and his brother Duke Frederick.Comment on this decision. What possible advantages and disadvantages could such a casting choice have? How powerfulness it contribute to the effective communications of the leading themes of the play? In William Shakespeare’s As You alike It, Duke Senior waxes philosophical about his exile in the Forest of Arden in these words: â€Å"Sweet are the uses of adversity, Which, like the toad, ugly and venomous, Wears yet a precious jewel in his head; And this our life, exempt from public haunt, Finds tongues in trees, books in running brooks, Sermons in stones, and good in everything: I would not change it. How does the play represent the â€Å"sweet uses of adversity”? In what ways do the central characters benefit from separation from their normal lives and forced exile to a strange environment? read three characters and describe how their experience in the Forest of Arden brings about positive changes in their personalities. Discuss the role of Jaques in William Shakespeare’s As You akin It. How does the incurably melancholy courtier help to bring out the central themes of the play? Is he an insightful social critic or a boring pessimist?Support your conclusions with details from the play. 2. 3. 4. 5. 6. 7. In William Shakespeare’s As You same It, Duke Senior intones, â€Å"Sweet are the uses of adversity. ” Is this statement true in the stage setting of the play? Does the statement correspond wi th biblical program line? Do the two treat the idea in the same ways? why or wherefore not? Support your assessment with specifics, both from the play and from Scripture. Perhaps the most famous speech in William Shakespeare’s As You Like It is delivered by Jaques in Act II, scene vii.After bemoaning the fact that â€Å"All the world’s a stage, and all the men and women merely players,” he speaks of the seven stages of man, ending, as is typical with him, on a melancholy note. Critique the message of the speech. In what ways is it accurate and in what ways is it not? Be sure to consider not only the context of the play, but also biblical instruction about both the dignity and sinfulness of man and the meaning of human life on earth. William Shakespeare’s As You Like It contains one of the most famous lines in the entire Shakespearean canon: â€Å"All the world’s a stage, and all the men and women merely players. Appropriately enough, many chara cters in the play engage in playacting, taking on roles to mask their true identities. In addition to serving as a device to drive the plot, what is the significance of these stalk masquerades? Consider the major themes of the play along with the restrictions oblige by the theater of Shakespeare’s day in your answer. One of the central ideas in William Shakespeare’s As You Like It is the contrast between court and country life. In Act III, scene ii of the play, Touchstone and Corin argue about the differences between the two.In the process, Corin says, â€Å"Those that are good manners at the court are as ridiculous in the country as the behavior of the country is most mockable at the court. ” Is Shakespeare here disputation for what today would be called Cultural Relativism, or does he favor country life over court life (or the other way around)? In say the question, consider the ending, giving attention to the significance of some characters returning to c ourt and others remaining in the country. In Act III, scene ii of William Shakespeare’s As You Like It, Rosalind says to Celia, â€Å"Do you not know I am a woman?When I call in, I must speak. ” In general, the play at time seems to promote gender stereotypes such as this, while at other times those stereotypes are challenged, in particular through the character of Rosalind herself, who is surely one of Shakespeare’s strongest heroines. Evaluate the assimilate of women presented in the play, being sure to complicate specific quotations and incidents in your summary. William Shakespeare’s As You Like It seems at the same time both to ridicule and to promote romanticistic love.The same Rosalind who says, â€Å"Men have died from time to time, and worms have eaten them, but not for love,” falls head over heels in love with Orlando, a man to whom she has spoken only once, and a few(prenominal) love affairs could be more improbable than those be tween Touchstone and Audrey and Oliver and Celia. Does Shakespeare value the ideal of romantic love, or is he mocking it? Evaluate the view of love presented in the play, being sure to involve specific quotations and incidents in your analysis. 8. 9. 10. 11. 12. 13. William Shakespeare’s As You Like It ends with four marriages.Which of those marriages do you think will be the happiest, and which the most torturous? why do you think so? Consider what you know about the characters, their patterns of behavior, and the environments in which their marriages will be lived out in respond the question. In literature, a foil is a character who brings out the salient characteristics of another by contrast. In William Shakespeare’s As You Like It, whom would you consider the most effective foil for Rosalind? Would you choose Celia, Orlando, Touchstone, or psyche else?Defend your choice by noting why that character is a better foil for the heroine than the other possibilities. William Shakespeare’s As You Like It contains a fool, Touchstone, and a character who is foolish in his melancholy, Jaques. Compare and contrast these characters and the roles they play with Feste and Malvolio in Shakespeare’s Twelfth Night. mapping specific incidents and quotations from the two plays to support your analysis. In Shakespeare’s day, women were nix from performing on stage. Instead, women’s parts were played by boys whose voices had not yet changed.Consider the implications of this practice for the character of Rosalind in William Shakespeare’s As You Like It. When Rosalind disguises herself in the Forest of Arden as Ganymede, then entices Orlando to make love to â€Å"him” in order to learn how to win his beloved, we see a boy playing a girl disguised as a boy guise to be a girl in order to help a boy win a girl’s love. In addition to the obvious possibilities for humor such gender confusion provided, what do you th ink Shakespeare may have been trying to say? How might this have differed from the predictable homoerotic interpretations abandoned by modern commentators?In William Shakespeare’s As You Like It, characters who espouse extreme views of life and love are subject to ridicule. If Aristotle presented the Golden Mean as the midpoint between two extremes, explain how this Golden Mean is held up as the ideal in Shakespeare’s play. Who represents this Golden Mean? What characters serve as the extremes between which this sensible center is located? Use specifics from the play to support your argument. William Shakespeare’s As You Like It focuses on conflicts between two sets of brothers, Duke Senior and Duke Frederick and Oliver and Orlando.Compare and contrast these conflicts to that between Jacob and Esau in the book of Genesis. Consider the characters of the siblings, the capricious motives behind the conflicts, and the resolutions with which the conflicts are broug ht to a close. Discuss the treatment of course of study distinctions in William Shakespeare’s As You Like It. Be sure to include not only the conversation between Touchstone and Corin on the subject, but also the issues raised when those of noble birth disguise themselves as commoners. To what extent does the play affirm class distinctions and to what extent does it undermine them? 14. 15. 16. 17. 18. 19. 0. William Shakespeare’s As You Like It is full of songs befitting a pastoral romance. Discuss the significance of these songs. Are they intended merely as entertaining interludes, or do the words of the songs help to convey the themes of the play? Be sure to come up specifics from at least three of the songs in your answer. Discuss the significance of the title of William Shakespeare’s romantic japery As You Like It. Critics have proposed a telephone number of possibilities, from the audience appeal of the pastoral genre to the equivocalness with which man y of the play’s themes are hardened to the reference to the title in the Epilogue.Choose the meaning that you think most appropriate and defend it with specifics from the play. Elizabethans believed in the noble Right of Kings †that monarchs were appointed to their positions by God, thus liken rebellion with blasphemy. Not surprisingly, many of Shakespeare’s plays are driven by rulers who have usurped their crowns from their rightful owners. such(prenominal) is the case with Duke Frederick in As You Like It. Compare and contrast him with another Shakespearean usurper; possibilities include Macbeth, Richard III, Claudius in Hamlet, Antonio in The Tempest, or any other candidate you can think of.Pay attention to the characters and motives of the usurpers, their roles in driving the plots of the respective plays, and the outcomes of the resulting conflicts, especially in light of the genre differences among the plays. Analyze the stylistic variations in William Sh akespeare’s As You Like It. Note that the script moves back and forth between blank verse and prose, with some characters incessantly speaking in verse, some always in prose, and some switching from one to the other. Why do you think Shakespeare made these choices?Support your analysis with specific quotations from the play. William Shakespeare’s As You Like It demands contrary skills of its audience. On the one hand, the audience is expected to take pleasure in the dramatic irony of Rosalind’s disguise, since the viewers know something the characters don’t know and can thus gain pleasure from the intimate jokes in the dialogue. On the other hand, the audience must exercise a voluntary suspension of disbelief, pass judgment the fact that, not only does Orlando fail to recognize his beloved, but Duke Senior also fails to recognize his own daughter!What qualities of the play itself equip the audience for the ask responses. Do you think a modern audienc e would be able to handle this contradiction as well as an Elizabethan one? Why or why not? Critic scratching Van Doren, writing on William Shakespeare’s As You Like It, said, â€Å"There is only one thing sillier than being in love, and that is thinking it is silly to be in love. ” In what way is this sentence an disposed(predicate) summary of Shakespeare’s popular romantic comedy? Support your conclusion with specifics from the play.In many of William Shakespeare’s comedies, the forest is symbolic of the breaking down of society’s values. Compare and contrast the way this theme is handled in The Two Gentlemen of Verona and As You Like It. 21. 22. 23. 24. 25. 26. 27. Both Oliver goldsmith’s She Stoops to Conquer and William Shakespeare’s As You Like It center around a young woman who disguises herself in order to win the love of a man to whom she is attracted. Compare and contrast the characters of Kate Hardcastle and Rosalind wit h regard to their motivations, methods, and successes. Which do you find more admirable, and why?\r\n'