Saturday, November 30, 2019

Women in Law Enforcement free essay sample

A study of the adversities faced by professional women in law enforcement. This paper examines the under representation of women in the law enforcement occupations as compared to women in many traditionally male jobs. The paper states that despite laws such as affirmative action, the presence of women is uncommon in higher-ranking offices such as sergeant or commissioner. It describes that women officers are often sexually harassed, receive lower pay in relation to men in their position and are often passed over for advancement for a male even if they are equally or better qualified. The paper offers methods to help reduce disparities if implemented correctly, such as enacting diversity education and training, actively recruiting, retaining and promoting female employees as well as providing a means of support for female officers will result in increased efficiency and employee satisfaction for the department as a whole. Occupations in law have traditionally been reserved for men. We will write a custom essay sample on Women in Law Enforcement or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It was considered too dangerous, too risky and too difficult for women, women who did enter law enforcement were often times given desk jobs. Even during the 1960s when women began to enter the job market with a vengeance, women were still persuaded from pursuing law enforcement occupations. Even today, there remains a disproportionate amount of females in such occupations. Additionally, the few women that are in these fields face various obstacles that include discrimination and harassment on the job. The plight of women in law enforcement can be compared to the plight of women in the corporate world, as both face similar obstacles and circumstances.

Tuesday, November 26, 2019

Why Racial Profiling is Acceptable

Why Racial Profiling is Acceptable Racial profiling can be an acceptable practice and a necessary tool if it is used by the police or any other law enforcement in the name of stopping crime or apprehending criminals. It can be a tool, and if used properly it can be effective, it can be seen as a necessary evil that sometimes must be used in the pursuit of justice. It is not acceptable if it is used to target a specific race or ethnic group for the sole purpose of harassment. The issue of racial profiling is a controversial one and it always has been. The United States is a country that is obsessed by race issues. There have been numerous highly publicized incidents in the past several decades that can be directly linked to suspected racism and racial profiling. Some examples of these types of cases are the Rodney King incident and the cases of Amadou Diallo and Abner Louima.Abdulameer Yousef Habeeb, Iraqi refugee who brough...These cases may have been extreme but they helped bring to light some of the problems that ra cial profiling and racism can cause in the criminal justice system. Racism is defined by the Merriam-Webster dictionary as "a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race." (Merriam-Webster Online) Many people in America believe that this animosity towards people of different ethnic backgrounds greatly effects the lives of those minorities. The criminal justice system is probably one the areas of American life where accusations of racial profiling and perceptions of racial bias have the greatest impact.Until September 11, 2001 the major complaint of racial profiling had to do with white police officers using race as the sole reason for stopping suspected offenders. Most of the complaints dealt with white police...

Friday, November 22, 2019

How to Write a Good Marketing Essay

How to Write a Good Marketing Essay How to Write a Good Marketing Essay The Purpose of Marketing Essays Marketing essays can help put a good marketing strategy in place by conveying information about competitive market advantages and financial profits. Marketing essays express thoughts and ideas and persuade people in understanding opinions and viewpoints relating to marketing strategy initiatives. Tips for Writing a Good Marketing Essay Begin with deciding on a relevant topic and thesis. This includes conducting relevant research about the marketing aspects that pertain to your chosen subject. Three important aspects of marketing are: image, the competition, and customer service. It is important to focus on these three marketing aspects when writing a marketing essay. In addition, the following tips will help you with your essay: The Topic – Choose a topic based on a logical framework within your field, such as those researched by past marketing experts like Philip Kotler and Michael Porter. The Framework – The framework of your marketing essay should have a theoretical approach such as with those by marketing experts. It is important to study other companies and products to understand market positioning, using reliable research sources, for a relevant essay. Reliable research sources include those from publications and universities such as JSTOR, EBSCOhost, Harvard, or Cambridge. Next, construct an outline of your essay to use as a blueprint for writing the essay. The Introduction and Thesis Your introduction should outline your main idea and should contain your thesis statement. Here is where you build your argument and a case for your thesis. The Body – This is where your argument is outlined and reasoned. It is a good idea to use previous case study information to help the reader understand your topic, as it pertains to marketing. Approach your argument logically, step-by-step so that the paper flows. Expand on details and use examples. Be sure to use your researched information to set up a good case for your thesis, so that the reader can easily understand your purpose. The body of the essay will also contain your research findings, conclusion, recommendations, and author opinions. These aspects of the essay should wrap up and tie in all of the research, information and viewpoints to answer marketing research questions and expand on whether further research is needed. Editing and Revision – This step is essential to the flow and cohesiveness of your marketing essay, and includes revision. Revision includes ensuring that all relevant information is included in the essay, such as a marketing issue or ideas. Editing entails ensuring the document is free from grammatical, spelling, and language use errors. Writing a marketing essay is not an easy task, but following these tips can certainly help you complete the task and deliver a well-researched, well-written, and informative essay. At you will get professional Marketing essay help from academic experts.

Thursday, November 21, 2019

Race and Class Responses Article Example | Topics and Well Written Essays - 1000 words

Race and Class Responses - Article Example Most of them have related their answers to their professional background and principles that they have when it comes to the issue of racism. In the same respect, the ideas that have transpired from the interviews are also based on gender contexts since experiences vary between men and women. At the same time, advocacies and principles are present in the interview that really showcases the dedication of people in addressing the issue of racism in all possible aspects. Despite of the principled engagements and answers provided by the interviewees, there is still the problem that they try to resolve: how to really prevent racism from occurring? There have been instances that have cited the role of culture, especially on how it induces conflict and on how it comes along the process of resolving the problem. It is noticeable in the interviews that there is a degree of sensitivity with the issue of racism. It is noticeable that the interviews deal with the issue of racism with a certain degree of objectivity. If there is a noticeable bias, it is intended as a mechanism to uphold the need to eradicate the said detrimental practice. When it comes to the issue of racism, it is important to point out that it happens everywhere and anytime. What seems to be problematic is that there are still people who do not address these transgressions as pointed out Singh and Mizrahi. Rather, the occurrences of racial judgments are not reprimanded. However, there are efforts that I have seen to be engaging and critical about the issue. There are efforts to organize and to join advocacy groups to lessen the occurrence and eventually stop racism. Both of the interviews have been focusing on the efforts to regulate and address the issue of racism, which has been a long practice since Western domination has started. Both of the interviews share a common view about

Tuesday, November 19, 2019

Roles of Emotional Appeals in Decision-making Essay

Roles of Emotional Appeals in Decision-making - Essay Example While some individuals argue that we make decisions through critical thinking, most of our decisions are made depending on our emotions (Fill, 2009, p. 19). Our moods and feeling towards particular ideas or items critically shape the decisions we make concerning that idea. For instance, a business manager coming to work loaded with stress from family issues is likely to spend the whole day making poor and inaccurate decisions at work. In addition, the same manager is likely to change the way he or she is treating people on that particular day. Therefore, emotions also determine how we relate with other people in our daily lives. Emotional appeals have the same effect in the business environment. They influence the way in which both business and customers make their decisions. Therefore, emotions have a significant impact on the effect of marketing on the customers (Fill, 2009, p. 20). While the business may market its products effectively, it may not succeed in attracting the attenti on of the customers. A business should take into consideration the emotions of its customers when advertising its products. This is because marketing triggers different emotions in the customers. Customers tend to develop different emotions and feelings towards a product or a service depending on the way it has been advertised (O'Shaughnessy & O'Shaughnessy, 2003, p. 10). ... different factors that might trigger emotional responses in customers, thus manipulating the way in which customers make their decisions (Albers-Miller & Stafford,  1999, p. 42). Colour Colour is a very significant factor that greatly affects the way in which customers perceive different products and services. Individuals have different attitudes and notions towards different colours. Other individuals also associate different colours with different types of issues. For instance, most people in the society associate black colour with evil. On the other hand, white colour is associated with purity and peace. Therefore, individuals will develop different feelings when they see black colour being used in a certain advertisement. For instance, a consumer that associates black with evil will perceive products being advertised using the colour as having a certain vice. Therefore, such a consumer will not even spend time to think of purchasing such a product. The decision of whether to bu y the product will entirely depend on the colour that has been used (Albers-Miller & Stafford,  1999, p. 43). On the other hand, the same customer may be triggered to purchase a product that has been advertised using the white colour just because he or she associates white with peace and purity. Therefore, although the products advertised in black colour might be better than the one advertised in the white ones, the emotional appeals of the customer will force him or her to purchase the bad product. Therefore, basing on colour, organisations should assess their target market to check if it is conservative. This is because most interpretations of colour come mainly from conservative people. However, some people, especially women, also have an attitude towards colour. For instance, most women

Saturday, November 16, 2019

It’s Time for a Change Essay Example for Free

It’s Time for a Change Essay Social issues have lingered in the shadows of American history since the day that our independence was signed in 1776, a mere two hundred and thirty ­nine years ago. At that time, social issues consisted of our founding father’s debate over which men were to be considered equal, and the social issue of slavery as a whole became prominent to our young nation. From slavery to suffrage, the United States is no stranger to defining these particular social wrongs, and striving to make them right. As time has developed, the issues of old have passed, but now, new ones have arose. Currently, sitting in 2015, the United States is again being subjected to another social issueÍ ¾ that is police brutality and the use of body cameras as a means of holding all parties involved accountable for their actions. It is simply irresponsible not to implement this new means of technology and I believe that it’s use is a key factor in solving the social issue of police brutality, and the untrust and stigmas that stem from this abuse of power. Names like Trayvon Martin, Michael Brown, and Eric Garner have dominated headlines of many major news outlets for the past two years. The common factor between the three being the excessive use of force upon unarmed civilians. In the cases of Martin and Brown, both men were fatally shot, both were unarmed, and both had two conflicting sides of the story detailing the events leading up to and after their respective shootings. In each instance, many in the public were led to believe that racial stigmas were the determining reasons for the pulling of the trigger, and as a result mass protests and riots have occurred in towns such as but not limited to, Ferguson, Missouri and New York City. This is where body cameras demonstrate their necessity in our society and culture. As previously mentioned, both Michael Brown and Trayvon Martin’s deaths both went unrecorded, and the only substantial evidence of what occurred is the accounts of those who fired the fatal bullets. This is a defined problem. Despite either the positive or negative intentions of the officers who fired their weapons, each one has a bias, and with that, it can lead to that party giving a skewed opinion on how the events of each occurrence actually went down. The idea of a human source is just simply too unreliable, and it comes down our own human nature with bias’, and the fact that every single person has one. The use of body cameras instead in these instances would ultimately resolve this problem. Real footage would clearly display whether or not the use of fatal force was indeed necessary to use upon an unarmed civilian, and if not, it would hold the actually guilty party accountable for their actions. By simply attaching a recording device to an officer’s person, society is able to cut out human bias, and reveal the true nature of the event. The benefit alone in these new technologies makes the investment worth every dollar.

Thursday, November 14, 2019

Marilyn Hacker’s Selected Poems 1965-1990 :: Hacker Selected Poems 1965-1990

Marilyn Hacker’s Selected Poems 1965-1990 Without question, I found Selected Poems to be the most challenging book we've read for this class. Strangely enough, in my rush to finish this book, I remained certain that somewhere in this often unsettling collection Marilyn Hacker would find a way to touch a cord or demand a response. When I reached Towards Autumn, the picture finally cleared and crystallized, and I realized I had arrived. Towards Autumn Thinking of her's (the daughter) like thinking of a lover I hope will someday grow to be a friend. I missed the words to make friends with my mother. --pg 139 At this moment, it seems that a crossroads has been reached; hope for the future coupled with a recognition of past failure. In this case, we see the writer in the role of mother and daughter, simultaneously. What this excerpt does not make clear, however, is the fact that Hacker seems to have spent her life (if one is correct in assuming the use of "I" throughout her work is a reference to herself) failing to find the words she needed to connect with others. Based on her inability to find "the words" in her personal relationships, her success in becoming friends with her daughter is uncertain. If one considers the less-than-ideal relationship Hacker shared not only with her mother but also with Iva (see following excerpt*), we might ask, "Is the connection between mothers and daughters cyclical or lineal?" If cyclical, then one might be inclined to assume Hacker will be unable to realize her goal (to one day be friends with her daughter). *Taking Notice . . . In another room, my daughter, home from school, audibly murmurs `spanking, stupid, angry voice'--a closet drama where I am played secondhand to unresisting doll daughters. Mother and daughter both, I see myself, the furious and unforgiven; myself, the terrified and terrible; the child punished into autonomy; the unhealed woman hearing her own voice damn her to the nightmares of the brooding girl. --pg. 133 Taking Notice On the other hand, if one ascribes to the lineal school of thought, Hacker may, in fact, be able to break the cycle of her past and create a bridge to her daughter.

Monday, November 11, 2019

The Magic Kingdom

Descriptive Essay: Disney World (The Magic Kingdom) When I walk through those magical gates I stumble upon Main Street, USA. This just happens to be the first of seven themed lands. The decor is early-20th century small-town America, which happens to be inspired by Walt Disney’s childhood and the movie Lady and the Tramp. As I stroll down Main Street I can see an old fashioned movie theatre, quaint little shops, and an antique barber shop. But the best part of all is at the end of Main Street USA stands Cinderella’s enchanting castle that marks the center of the park. At the center I find 6 other pathways that lead to six additional lands. When I travel through these lands I’ll see how fantasy becomes reality when I learn how to be a pirate, match wits with funny monsters and conquer mountains. Up next on my to do list is to visit Liberty Square where I visit The Hall of Presidents to view a show featuring every American president, past and present, in a fascinating tribute. The next stop is not for the faint of heart and be aware of harrowing hitchhikers. Here climb aboard the Doom Buggy and ride through the ominous Haunted Mansion where a supernatural Ghost Host introduces my to his closest 999 dearly departed friends. Patriotic music combined with spooky sounds will be heard throughout Liberty Square along with the scent of New England dishes from the Liberty Tree Tavern. Fantasyland is dedicated to the young at heart and to those who believe that when you wish upon a star, your dreams come true. This part of the Magic Kingdom is perfect for kids both young and old. Here I sing along with a catchy melody on â€Å"it’s a small world† with nearly 300 brightly costumed dolls singing and dancing to bring the world’s cultures closer together in no small way. Next, I gently glide ‘round Cinderella’s Golden Carrousel on one of ninety prancing steeds as magical Disney music fills the air. Then, I soar high in the sky with Dumbo over Magic Kingdom around a circus ball topped by Timothy Mouse. After that, I take a whirl in a giant tea cup at the mad-as-a-hatter Unbirthday Party in Wonderland. Also, I seize my courage and enter the Evil Queen’s shadowy world on Snow White’s Scary Adventures and see who is the fairest of them all. Plus, I embark on a jolly journey during a very blustery day in the Hundred Acre Wood aboard one of Pooh’s Hunny Pots on The Many Adventures of Winnie the Pooh. Before I leave I can’t forget to stop and chat with some of my favorite friends such as Pooh and Tigger too. Now comes Tomorrowland filled with living blueprints of our future. Before I explore, I want to stop at Cosmic Ray’s Starlight Cafe to maybe grab a Blast-off burger or some Cosmic Chicken. To begin I climb aboard my own space cruiser to shoot targets and rack up points as I battle the robots in Zurg’s service on Buzz Lightyear’s Space Ranger Spin. Next, I launch past the flashing lights of my space station into the soaring darkness of space on Space Mountain. Lastly I experience the glory of the Indianapolis Motor Speedway as I drive my own Indy 500-style race car on a guided track all the way to the Victory Circle on the Tomorrowland Speedway. At the end of the day, as I sit and think about my day’s journey, I wonder what my world would be like if I’d never gotten to experience Disney magic like I did today. Well, my life wouldn’t be the same without it. My memories as a little girl are filled with Disney magic. The feelings I got back then and still do now at eighteen don’t change. Memories of family vacations at Disney World will never be forgotten; it’s the only time now that I can remember us all being happy with each other before my parents’ divorce. The excitement and adventure that comes from Disney World can’t be replaced with anything else because there’s nothing else in the world quite like it.

Saturday, November 9, 2019

Advertising for Advocates

â€Å"A bar on advertising for Advocates in India under Advocates Act,1961 and Bar Council of India Rules† ANALYSED BY: MOSES PINTO 5TH YEAR LL. B. (HONS. ) ROLL NO. 512 ACADEMIC YEAR: 2012-13 PREFACE After the Second World War the International Economic Order which emerged, encouraged Free Trade in goods & services. India was a founder signatory to the General Agreement on Tariffs and Trade (GATT) since 1947, which led to the formation of WTO, on 1st  January 1995.This has led to a whole wide debate in India over the stringent laws governing code of ethics and morality of Legal Professionals on one hand and the WTO laws on the other hand. This debate revolves around major issues pertaining to the objectives of legal profession, consumerism, social justice, Indian commitment to WTO regime, competition law etc. Some professionals argue that the shift in trade nature of legal services shall hamper ‘professional ethics’ and concept of ‘justice to all’ .Some others say that the regulations imposed on the legal services sector are contrary to the goals and purpose of competition policy and Competition Act, 2002. At the heart of this controversy lies the issue of legal advertising. The lawyers in India are barred from advertising their profession considering the profession to be a noble one and such advertising to be derogatory to that profession. Advertisements are a forum for establishing the utility of goods and services. Further, it enhances and encourages competition in the relevant market by providing a forum for launching of new products.To cope up with the WTO laws and norms and looking at the current trend which has subjected legal profession to trade laws, it has become inevitable to allow the legal professionals to advertise and to rethink about the policy of law in India. People think whether this kind of ban based on age old norms is viable in this modern era. The debate of the hour in the Indian legal world is on why t he profession should have very strict curbs on promoting its services stemming from laws that originate from British thinking when the country from where it originates has itself done away with the curbs?In the view of the above background, I would like to discuss the laws banning the advertising for legal professionals in India and their implications, considering the position of such laws in other developed countries owing to the WTO norms. INDEX I. CHAPTER I: The Law on Legal Advertising in India * The law under Bar Council of India Rules; * The Judiciary on this rule II. CHAPTER II:  Law in other Countries * Position in U. K. * Position in U. S. * Position in other countries III. CHAPTER III: The Constitutional validity of Rule 36 IV.CHAPTER IV: Disadvantages of banning Legal Ads * Consumerism and Informed Choice * Advertisement on Internet * Other disadvantages * Need for regulating the advertising V. CONCLUSION. I. CHAPTER I: The Law on Legal Advertising in India After taking into account the recommendations of the Law Commission on the subject of Reform of Judicial Administration relating to the Bar and to legal education and to implement the recommendations of the All India Bar Committee made in 1953, the Indian Legislature came up with the Advocates Act, 1961.This act under the section 4 forms a Bar Council of India to regulate all the legal professionals and legal education in India. The Bar Council of India is the central institution for supervising and monitoring the growth and development of legal services and the functioning of advocates & related firms & corporations in India. Pursuant to the functions of Bar Council of India under section 7 and its power to make rules under section 49 of the said Act, it has enacted the Bar Council of India Rules which are binding on all the legal professionals in India. The law under Bar Council of India Rules There is a complete ban on advertising for lawyers in India. The Bar Council of India, pursuant to i ts functions mentioned under Section 7(1)(b)[9] of the Advocates Act read with its powers to make rules under Section 49(1)(c)[10] has framed Rule 36 of the Bar Council of India Rules under Section IV(Duty to Colleagues) of Chapter II(Standards of Professional Conduct and Etiquette) of Part IV(Rules Governing Advocates).Rule 36 reads as under: â€Å"An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size.The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate General. † Thus, it is against an advocate’s code of ethics to solicit or advertise work and amounts to a misconduct on the part of the advocate. Both direct and indirect advertising is prohibited.An advocate may not advertise his services through circulars, advertisements, touts, personal communication or interviews not warranted by personal relations. Similarly, the following forms of indirect advertising are prohibited: A. by issuing circulars or election manifestos by a lawyer with his name, profession and address printed on the manifestos, thereby appealing to the members of the profession practising in the lower courts who are in a position to recommend clients to counsel practising in the high court B. anvassing for votes by touring in the province or sending out his clerk or agents to the various districts, which must necessarily mean directly approa ching advocates practising in subordinate courts. Further, the signboard or nameplate displayed by an advocate should be of a reasonable size. It should not refer to details of an affiliated by the advocate i. e. that he is or has been president or member of a bar council or of any association, or he has been a Judge or an Advocate-General, or that he specialises in a particular kind of work, or hat he is or was associated with any person or organisation or with any particular cause or matter. Further advertising on internet is also prohibited. Bar Council of India, in a notice dated 21st October 1999, reaffirmed that such ‘advertisements’ on the Internet are considered an offence. It ordered all the legal Websites to be withdrawn immediately, under threat of legal action ranging from temporary suspension to permanent debarring of the lawyer from practice. The above rule has been vehemently enforced by the Bar Council of India, simply disregarding all the criticisms mad e against this archaic rule.Further, the words of Section IV of Chapter II of Part IV of Bar Council of India Rules are clear i. e. â€Å"Duty to colleagues†. This means that the another reason behind enactment of such a norm is to prevent the advocates, law firms, etc from enticing the clients of their adversary and to snatch away the business of their adversary. Such a law is also made in order to help the small and unknown advocates and firms to rise in the market and do business. The purpose behind it is to prevent a set of lawyers from taking unreasonable advantage.Also such a law prevents lawyers from falling below their dignity in order to fetch clients by doing anything and thus degrading the nature of the profession. * The Judiciary on this rule The courts have more or less agreed with the view of the Bar Council and have implemented the rule laid down by the Council pertaining to advertising. The Supreme Court of India observed in  Bar Council of India  v. M. V. Dhabolkar, that   â€Å"†¦.. the canons of ethics and propriety for the legal profession totally taboo conduct by way of soliciting, advertising, scrambling and other obnoxious practices†¦.   It further noted that  Ã¢â‚¬Å"Law is not a trade, not briefs, not merchandise, and so the heaven of commercial competition should not vulgarize the legal profession†. The Allahabad High Court  observed that self advertising tends to lower the dignity of this honourable profession and is undoubtedly akin to touting. The Bombay High Court in   Government Pleader  v. S, a Pleader considered sending a circular postcard merely giving the address and description as an improper conduct by the Advocate.The High Court of Madras went one step ahead in SK Naicker  v. Authorised Officer and held that even a sign board or a name-plate should be of a moderate size. It has been further observed that writing of articles for publication in newspapers under his signature, where th e writer describes himself as an Advocate practicing in the court as a flagrant breach of professional etiquette. Thus, legal advertising by far is a taboo in India and the courts have more or less approved and agreed with this rule framed by Bar Council of India.II. CHAPTER II:  Law in other Countries Legal advertising has been an important and widely used tool of communication in many common law countries and in most of the developed countries like US, UK, etc. It is used by the lawyers to promote their professional services. It is allowed in most of the countries with regulations regulating it as compared to India where it is completely banned. In these countries the regulation is done in order to avoid false, misleading & deceptive advertisements but advertisements displaying truth are allowed. The legal system is often a mystery, and we, its priests, preside over rituals baffling to everyday citizens. † – Henry Miller * Position in U. K. The provision banning adv ertisement adopted in India has its roots in Victorian notions of U. K. which considered each and every profession to be noble and stated that such a regulation is necessary in order to preserve the dignity and nobility of this profession. Earlier, in U. K. too advertising was banned for professionals like lawyers. But later this ban was lifted.The Monopolies and Mergers Commission in 1970 and the review given by the Office of Fair Trading in 1986 pointed out at the advantages of letting the professionals advertise and the benefits availed by from relaxing such norms. Ultimately the ban was lifted and the restrictions lowered and thus legal marketing and legal advertising became a reality in U. K. * Position in U. S. In U. S. the position was somewhat similar to that in India until 1977. There was a complete ban on advertising for legal professionals. This position took a complete U-turn after the decision of the U.S. Supreme Court on 27thJune 1977 in the case of   Bates  v. Sta te Bar of Arizona. The Supreme Court validated legal advertising and invalidated the law of State Bar of Arizona banning legal advertising by a majority of 5:4 holding such a law violative of First Constitutional Amendment. Prior to this case, the U. S. Supreme Court validated commercial advertisement and gave its scope in the 1942 case of Valentine  v. Chrestensen. Later in   Bigelow   v. Virginia   (1975) and in  Virginia State Board of Pharmacy  v. Virginia Citizens Consumer Council Inc. (1976) the U. S. S. C. nvalidated laws restraining ads marketing abortion services and ads showing prices of prescription drugs on the basis that they violated First Constitutional Amendment i. e. Freedom of Speech and Expression and held that  Ã¢â‚¬Å"the free flow of commercial information is indispensable. † All these decisions were adopted in the Bates’ judgment by the US SC and it was held that truthful legal advertising should not be prohibited as there is nothing wrong in it. The court invalidated in this appeal the law prohibiting legal advertising holding it to be violative of freedom of speech and expression guaranteed by the First Constitutional Amendment.Justice Blackmun argued that commercial speech does merit First Amendment protection given the important functions it serves in society, such as providing consumers with information about services and products, and helping to allocate resources in the American system of free-enterprise. The Court held that allowing attorneys to advertise would not harm the legal profession or the administration of justice, and, in fact, would supply consumers with valuable information about the availability and cost of legal services. But the states are allowed to regulate and monitor the advertising by advocates.This is evident from the later judgments of various state Supreme Courts which have upheld the laws regulating and restricting certain practices of legal advertising. * Position in other countr ies The position in other developed countries is also quite clear. Advertising is allowed in most of the countries. In France, though the law is not that liberal, it stands somewhere between Indian and U. K. position. There is not a complete ban on advertising. Also in Italy, the legal marketing has been legalized by the Bersani Decree of 2004 which was enforced in 2007.This has been true for most of the European countries like Germany, Spain, etc. Legal Advertising is a reality everywhere. Besides countries in the West, Asian countries such as Hong Kong, Singapore and Malaysia have been progressively relaxing their regulations on legal advertising to adapt to global demands. For instance, Malaysia’s Legal Profession (Publicity) Rules, passed in 2001 is a simple yet comprehensive code that regulates advertisements in legal and non-legal directories, controls publication of journals, magazines, brochures and newsletters by lawyers and interviews in electronic and print edia, b ars publicity through clients and even includes a rule that regulates lawyers sending greeting cards on special occasions. In Hong Kong, lawyers are forbidden from advertising on television, radio and cinema. Though advertising in print is permissible, larger firms prefer alternative strategies such as engaging in aggressive client and public relations programmes and branding exercises. Even in Singapore the legal advertisements are allowed with certain restrictions.Thus, it is clear that most of the countries have adopted a liberal policy towards legal advertising and has allowed it to meet the global demands and compete with the other countries. This has resulted only in advantages and benefits for those countries and no harm is done on the contrary. III. CHAPTER III: The Constitutional validity of Rule 36 The Rule 36 of Bar Council of India Rules, prohibit advocates from advertising. This Rule cannot be challenged with regards to A. 19(1)(a) i. e. reedom of speech and expression as done in US in the case of  Bates  v. Arizona State Bar, because of the decision of Indian Supreme Court in the case of  Hamdard Dawakhana  v. Union Of India. The Supreme Court came on to decide validity of law banning advertisement for the sale of certain medicines in this case against A. 19(1)(a) of Constitution of India. The Court held that: â€Å"An advertisement is no doubt a form of speech but its true character is reflected by the object for the promotion of which it is employed. It assumes the attributes and elements of the activity under Art. 9 (1) which it seeks to aid by bringing it to the notice of the public. When it takes the form of a commercial advertisement which has an element of trade-or commerce it no longer falls within the concept of freedom of speech for the object is not propagation of ideas – social political or economic or furtherance of literature or human thought;  but as in the present case the commendation of the efficacy, value and importance in treatment of particular diseases by certain drugs and medicines. In such a case, advertisement is a part of business even though as described by Mr.Munshi its creative part, and it was being used for the purpose of furthering the business of the petitioners and had no relationship with what may be called the essential concept of the freedom of speech. It cannot be said that the right to publish and distribute commercial advertisements advertising an individual’s personal business is a part of freedom of speech guaranteed by the Constitution. † In the view of the above decision, the commercial advertisement is not a part of freedom of speech and expression and thus ban on advertisement for advocates is justified to be falling within reasonable restriction as stated under A. 9(2). The only remedy left is to challenge its constitutional validity against A. 19(1)(g) i. e. freedom to carry on Trade, Profession or Business. Article 19 (1) (g) of the Constitution of India confers every citizen with the right to choose his own employment or to take up any trade or calling. This right is impregnated with an implied right for availing all the mechanisms and resources – including advertising – for effective carrying of the trade or occupation provided it doesn’t go against public interest.Any blanket bar on this right would be unreasonable when there is an option of constituting a specialized government body that would examine the content of the advertisement. The question that remains is whether legal profession falls under the category of trade or business so as to avail the above right? Even though the judiciary in the words of Justice Krishna Iyer, has held that Legal Profession is such a noble Profession that it cannot form a part of trade or business,   the recent trend of the courts is to justify this profession as a rade. Over the years, the courts have recognized ‘Legal Service’ as a ‘serviceâ €™ rendered to the consumers and have held that lawyers are accountable to the clients in the cases of deficiency of services. In the case of  Srinath  v. Union of India, the Madras High Court held that, in view of Sec. 3 of Consumer Protection Act, 1986 that Consumer redressal forums have jurisdiction to deal with claims against advocates. Sec. 2 (U) of the Competition Act, 2002 defines the term ‘Service’ along the lines of the Consumer Protection Act, 1986.Also the decision of Supreme Court in  Bangalore Water Supply and Sewerage Board  v. A. Rajappa,  holds that legal profession is covered under the definition of the term Industry under the Industrial Disputes Act, 1947. Further it should be noted that India is a part of WTO and is subjected to WTO laws and legal services are listed as a subsection of Business Services in WTO Services Sectoral Classification list. In the view of the above background, the fundamental right to advertise guaranteed under A . 19(1)(g) can be given to the legal professionals to promote their services.This right thus, can be taken away only by imposing a reasonable restriction under A. 19(6) of the Constitution The Supreme Court further observed that: â€Å"Unless it is shown that there is a reasonable relation of the provisions of the Act to the purpose in view, the right of freedom of occupation and business cannot be curtailed by it†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. the phrase ‘reasonable restriction’ connotes that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature,  beyond what is required in the interests of the public. The word ‘reasonable’ implies intelligent are and deliberation, that is, the choice of a course which reason dictates. Legislation which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in Art. 19 (1) (g) and the social control permitted by cl. (6) of Art. 19, it must be held to be wanting in that quality. † Restrictions can be laid by regulating and monitoring the advertising but not completely banning it as it would be going beyond what is required as regulating the advertisement is sufficient in public interest.Presently a writ petition is pending before the Indian Supreme Court challenging this rule of Bar Council of India. The petition was filed by Mr. V. B. Joshi who is an advocate practicing in the Supreme Court. In the last hearing of this matter in September 2007, the Government agreed to relax this law a bit. The Government agreed to allow the lawyers advertise on their own website and to enter their name into online directories but all these to be done under a committee monitoring it. IV. CHAPTER IV: Disadvantages of banning Legal AdvertisementsGlobalization brought about a revolution in international trade with increasing participation and involve ment of countries The implication of the same on the legal service sector has been both quantitative and qualitative. The past decade has been mini-revolution in legal service sector with the greatest legal impact on corporate legal arena activities in project financing, intellectual property protection, environmental protection, competition law, corporate taxation, infrastructure contract, corporate governance and investment law were almost unknown before 90’s.Globalization has expanded the internal and external demand for legal services. Today trade in legal services is an inevitable fact and is at the same time significant for progressive development of legal profession in India in this era of Globalization. * Consumerism and Informed Choice In the age of consumerism and competition law, consumer’s right to free and fair competition is paramount and cannot be denied by any other consideration. Informed choice is one of the rights of a consumer. Ban on advertising le ads to depriving consumers of valuable information about the advocates.This has resulted in a situation where consumers cannot make an informed choice from the competitive market since information relating to the service is not available to them. Moreover restriction on professional firms on informing potential users on range of their services and potential causes further injury to the competition. The services available to consumers of India are only domestic legal service providers and consumers most often are left at the mercy of advocates and the system . Thus it is very detrimental as they cannot resort to any other service provider in absence of choice. Advertisement on Internet Looking at the recent trend of Globalization and India joining the WTO, it has become inevitable to let lawyers advertise to compete in the global market. Not allowing lawyers to advertise has resulted in Indian lawyers losing a lot of potential clients internationally. It is realized that in this era of cyber age instead of turning to the Yellow Pages, the public increasingly uses online search engines and other Internet tools to find needed goods and services and with the concepts of legal process outsourcing increasing, i. . to find cheap legal services, people from countries like UK and US and other developed countries search for such services online. But these searches results in not a single Indian attorney or advocate or a law firm as India bans advertising by them as compared to other neighboring Asian countries which allow it and hence a lot of potential clients are lost, in turn affecting the economy of India largely. Thus, India has lost lot of economic revenues and thus it would be beneficial for India’s economy to lift the ban on advertising for advocates.The Government has recently agreed on lifting it but only allowing the advocates to advertise on their own websites and in online legal directories. But no one knows when this will be implemented. * Other dis advantages The report of Monopolies and Mergers Commission in U. K. stated that restrictions on advertisement by professionals reduce the stimulus to efficiency, cost saving, innovation, new entry to professions and competition within the professions.Thus, new entrants who require to establish their name in the market in order to get clients, are deprived of doing so through advertising as this is the most simplest and easiest method to enter into a market. Also restrictions enhance the more undesirable effects of less open methods of self promotion. Also they could give a false image to a profession. Thus banning advertisement by lawyers is completely disadvantageous to the Indian society as a whole. * Need for regulating the advertising The need of the hour is to lift the total ban on advertising by advocates but not to completely let it free.It is required to be regulated. In case it is not monitored and regulated, then there would be lot of malpractices of misrepresentation, dec eptiveness and false advertisements which would affect the society and degrade the nobility of this profession. The U. K. ’s Monopolies and Merger Commission in its report stated that the restrictions on legal advertising should be lifted but the law must also provide that: 1. No advertisement, circular or other form of publicity used by the member should claim for his practice superiority in any respect over any or all of the practices of other members of the profession. . Such publicity should not contain any inaccuracies or misleading statements. 3. While advertisements, circulars and other publicity or methods of soliciting may†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. make clear the intention of the individual member to seek customers, they should not be of a character that could reasonably be regarded as likely to bring the profession into disrepute. Thus, it is required that the advertising by legal professionals be regulated in order to avoid instances of ambulance chasing, barra try, misrepresentation, etc. This kind of regulation is also permissible under A. 9(1)(6) of Constitution of India in the interests of public. V. CONCLUSION The ban on legal advertisements in India has not proved healthy so far for the Indian economy as well as Indian consumers. India has adopted WTO laws and a free market policy and thus accepting ‘trade’ facet of legal services would develop this profession qualitatively. The Raghvan Committee has summed up the effect of the existing regulatory system in professional services as â€Å".. the legislative restrictions in terms of law and self-regulation have the ombined effect of denying opportunities and growth of professional firms, restricting their desire and ability to compete globally, preventing the country from obtaining advantage of India’s considerable expertise and precluding consumers from opportunity of free and informed choice. † Time is ripe to break shackles of this overwhelming regulation subjecting legal profession away from modernity and banning it from advertising. India must remember its commitment to WTO for opening service sectors including, legal services, globally.Thus all the regulations have to be in conformity with competition policy and the Act. Hence, there is a craving need to lift this ban and to form rules and policy to monitor and regulate legal advertising. A committee could be formed to ensure compliance but laying blanket ban on legal advertising would hamper development and growth of India. BIBLIOGRAPHY Articles, Websites, Reports and others: 1)  Ã‚  Abhibav Kumar, â€Å"Lawyers must be allowed to advertise†, at http://news. indlaw. com/guest/columns/default. asp? abhinav (last visited on 25th November, 2007). 2)  Ã‚  Anubha Charan, â€Å"Is it unethical for lawyers to put up their own Website? , October 15, 2001, at http://www. rediff. com/search/2001/oct/15law. htm (last visited on 24th November, 2007). 3)  Ã‚  Bar Council Entry o f Foreign Lawyers in India, August 30, 2003 at http://www. news . indiainfo. com/ (last visited on 22nd November, 2007). 4)  Ã‚  Bhadra Sinha, â€Å"Lawyers may be allowed web ads†, September 19, 2007, at www. hindustantimes. com (last visited on 20th November 2007). Also see Supra note 6. 5)  Ã‚  Cyber Search – What Does Search Engine Marketing Mean For Solicitors? , at http://www. samsonconsulting. co. uk/legal-marketing-article-cyber-search. htm (last visited on November 25, 2007). )  Ã‚  David L. Hudson, â€Å"Bates participants reflect on landmark case†, at http://www. firstamendmentcenter. org/analysis. aspx? id=14394 (Last visited on 22nd November, 2007) 7)  Ã‚  http:// en. wikipedia. org/Legal_Advertising (last visited on 22nd November 2007). 8)  Ã‚  Lawyer can’t be blamed if his name appears in print, says Punjab A-G, May 25, 1999, at http://www. indianexpress. com/res/web/pIe/ie/daily/19990525/ige25114. html (last visited on 18th Novem ber 2007). 9)  Ã‚  Legal Websites, A World Wide Web Of Opportunies, at http://www. samsonconsulting. co. uk/legal-marketing-article-solicitors-websites. tm (last visited on 22nd November, 2007). 10)  Ã‚  Malathi Nayak, India  debates letting lawyers advertise, at http://www. livemint. com/2007/10/21235346/India-debates-letting-lawyers. html (last visited on 25th November, 2007). 11)  Rajiv Dutta, â€Å"World Trade Organization and Legal Services: The Indian Scenario†, at www. insolindia. com/shimlaPDFs/worldTradeOrg. pdf (last visited on 23rd November, 2007). 12)  Report on Trade in Legal Services, â€Å"Trade in Services: Opportunities and Constraints†, Ministry of Commerce, Government of India, Executed by Indian Council for Research in Economic Relations, Coordinator(s) N.L. Mitra and T. C. A Anand. 13)  Ã‚  Singh  Lalithakumar I. , â€Å"A View on Legal Profession†, AIR 2006 (Jour. ) 1. 14)  Ã‚  Statement of Objects and Reasons, The Advocates Act, 1961. 15)   Ã‚  Swapnil Joshi, â€Å"Changing Face Of The Legal Profession In India In The Era Of Globalization†, at http://www. legalserviceindia. com/articles/lprof. htm (last visited on 25th November, 2007). 16)  V K Aggarwal, â€Å"Professional Advertising: A comparative analysis in the changing milieu†, 7th National Conference of Practising Company Secretaries. 7)  World Bank Report on Emerging Service Sector, 1999 quoted in The Raghvan Committee Report on Competition Law, 2000. 18)  www. legalmarketing. it (official legal marketing Italia website, last visited on 24th November 2007). Dictionaries: 1)  H. Black, Black’s Law Dictionary (5th ed. , St Paul: West Publishing Co. , 1979) 1059. 2)  Ã‚  The Concise Oxford Thesaurus compiled by Kirkpatrick Betty; Oxford University Press. 3)  Webster’s New English Dictionary; Black Dog & Leventhal Publishers Inc, 2nd Edn 1995.

Thursday, November 7, 2019

Free Essays on Leonardo Compared With Piero

COMPARE THE THEORETICAL AND AESTHETIC INSTINCTS OF TWO OF THE THREE QUATTROCENTO PAINTERS: (PIERO DELLA FRANCESCA ANDREA MANTEGNA, AND LEONARDO DA VINCI). WHAT WOULD YOU SAY WERE THE PRINICPAL DIFFERENCES BETWEEN THE WORKS OF YOUR TWO SELECTED ARTISTS? ANALYSE ONE PAINTING BY EITHER ARTIST WHICH YOU FIND PARTICULARLY ABSORBING. Leonardo da Vinci and Piero della Francesca had definite aesthetic and theoretical instincts in their approach to their artworks. Theory refers to the question of why a painting is painted a particular way and aesthetics refers to the question of what makes a painting invite and absorbs ones thinking. At this time in history Leon Battista Alberti wrote the first treatise on painting, the Della Pittura (1436). This treatise created an atmosphere of reflection and painting was elevated from a mere artisan trade to an intellectual exercise that required great skill. This intellectualization of painting had much to do with the development of perspective. The 15th Century was a time of certainty and measure. This could be seen in the Liberal arts that were taught at University. They were all arts of measure. Both Leonardo and Piero left written treatises on painting. Leonardo’s was entitled the Trattato della Pittura and Piero’s De Prospectiva Pingendi. These two w orks help in understanding their aesthetic and theoretical tendencies. Leonardo also wrote on many subjects outside painting in his notebooks which also help to further understand him and his aesthetics and theory. In this essay I will outline the similarities and differences in Piero and Leonardo’s aesthetics and theory. I will also analyse Leonardo’s Mona Lisa (1503) and define what I find absorbing in this work. Both Leonardo and Piero theorized about painting in their treatises on art. For both perspective was an important aspect of painting in a time when ‘certainty’ was highly valued. Leonardo relied heavily on mathem... Free Essays on Leonardo Compared With Piero Free Essays on Leonardo Compared With Piero COMPARE THE THEORETICAL AND AESTHETIC INSTINCTS OF TWO OF THE THREE QUATTROCENTO PAINTERS: (PIERO DELLA FRANCESCA ANDREA MANTEGNA, AND LEONARDO DA VINCI). WHAT WOULD YOU SAY WERE THE PRINICPAL DIFFERENCES BETWEEN THE WORKS OF YOUR TWO SELECTED ARTISTS? ANALYSE ONE PAINTING BY EITHER ARTIST WHICH YOU FIND PARTICULARLY ABSORBING. Leonardo da Vinci and Piero della Francesca had definite aesthetic and theoretical instincts in their approach to their artworks. Theory refers to the question of why a painting is painted a particular way and aesthetics refers to the question of what makes a painting invite and absorbs ones thinking. At this time in history Leon Battista Alberti wrote the first treatise on painting, the Della Pittura (1436). This treatise created an atmosphere of reflection and painting was elevated from a mere artisan trade to an intellectual exercise that required great skill. This intellectualization of painting had much to do with the development of perspective. The 15th Century was a time of certainty and measure. This could be seen in the Liberal arts that were taught at University. They were all arts of measure. Both Leonardo and Piero left written treatises on painting. Leonardo’s was entitled the Trattato della Pittura and Piero’s De Prospectiva Pingendi. These two w orks help in understanding their aesthetic and theoretical tendencies. Leonardo also wrote on many subjects outside painting in his notebooks which also help to further understand him and his aesthetics and theory. In this essay I will outline the similarities and differences in Piero and Leonardo’s aesthetics and theory. I will also analyse Leonardo’s Mona Lisa (1503) and define what I find absorbing in this work. Both Leonardo and Piero theorized about painting in their treatises on art. For both perspective was an important aspect of painting in a time when ‘certainty’ was highly valued. Leonardo relied heavily on mathem...

Tuesday, November 5, 2019

Sobek, the Crocodile God of Ancient Egypt

Sobek, the Crocodile God of Ancient Egypt The Nile River may have been Egypt’s lifeblood, but it also held one of its greatest dangers: crocodiles. These giant reptiles were represented in Egypt’s pantheon, too, in the form of the god Sobek. Sobek and the Twelfth Dynasty Sobek rose to national prominence during the Twelfth Dynasty (1991-1786 B.C.). Pharaohs Amenemhat I and Senusret I built on the already existing worship of Sobek in Faiyum, and Senusret II constructed a pyramid at that site. Pharaoh Amenemhat III dubbed himself â€Å"beloved of Sobek of Shedet† and added splendid additions to the crocodile god’s temple there. To top it off, the first female ruler of Egypt, Sobekneferu (â€Å"the Beauty of Sobek†), hailed from this dynasty. There were even several relatively obscure rulers named Sobekhotep who made up part of the succeeding Thirteenth Dynasty. Most prominently worshiped in the Faiyum, an oasis in Upper Egypt (a.k.a. Shedet), Sobek remained a popular god throughout Egypt’s millennia-long history. Legend has it that one of Egypt’s first kings, Aha, built a temple to Sobek in the Faiyum. In the Pyramid  Texts of the Old Kingdom pharaoh Unas, Aha is referred to as the â€Å"lord of Bakhu,† one of the mountains that supported Heaven. Sobek in Greco-Roman Times Even in Greco-Roman times, Sobek was honored. In his Geography, Strabo discusses the Faiyum, of Arsinoe, a.k.a. Crocodopolis (the City of the Crocodile) and Shedet. He says: â€Å"The people in this Nome hold in very great honor the crocodile, and there is a sacred one there which is kept and fed by itself in a lake, and is tame to the priests.† The croc was also venerated around Kom Ombo- at a temple complex built by the Ptolemies  and near the city of Thebes, where there was a cemetery full of crocodile mummies. A Monster in Myth In the Pyramid Texts, Sobeks mama, Neith, is mentioned, and his attributes are discussed. The Texts state: â€Å"I am Sobek, green of plumage[†¦]I appear as Sobek, Neith’s son. I eat with my mouth, I urinate and copulate with my penis. I am lord of semen, who takes women from their husbands to the place I like according to my mind’s fancy.† From this passage, it is clear that  Sobek was involved in fertility. In the Middle Kingdom-era Hymn to Hapy,  Sobek- who was the god of the Niles inundation- bares his teeth as the Nile floods and fertilizes Egypt. To further his monster-like demeanor, Sobek is described as having eaten Osiris. In fact, cannibalization of gods by other gods wasn’t uncommon. Crocodiles weren’t always seen as benevolent, however, they were  sometimes  thought to be messengers of  Set, god of destruction. Sobek helped Osiris’s son, Horus, when, Isis (Horus mother), cut his hands off. Re asked Sobek to retrieve them, and he did so by  inventing a fishing trap.

Saturday, November 2, 2019

Speech 1 - Speech of Introduction (2-4) Essay Example | Topics and Well Written Essays - 500 words

Speech 1 - Speech of Introduction (2-4) - Essay Example As a horticultural management and technology student, public speaking will enable me to share my knowledge with other people in my field of specialization. It will also enable me to pass important horticultural information to people such as farmers and suppliers. Public speaking will assist me to relate well with others and boost my confidence. At the place of work, public speaking can be one of the qualities required for promotions. Most of the greatest leaders are public speakers. In order to be a leader in any field, public speaking will be of essence. Ethics should always be a concern during speeches. Effective public speakers often employ ethics in their speech. Ethics enable the speaker to establish trust among the audience. Excellent speakers should be able to fully prepare their speeches, engage in ethical goals, avoid abusive language and practice honesty. An effective listener on the other hand is courteous, open minded and attentive. Ethics in public speaking enable the speaker to show respect to the audience and their time (Ocampo-Hafalla, 50). The objective of the speech should also be ethical and should not motivate people to get involved in illegal and harmful activities. ‘Good morning ladies and gentlemen? My name is Hawar Kadmer, a horticultural management and technology expert and will address you on the benefits of horticultural farming. First of all I would like to thank all of you for coming. Am aware of many farmers out there who have inadequate information pertaining to horticultural farming. Lack of information among such people has negatively affected their decision of changing to horticultural farming (Bussell & Mckennie, 30). Very few farmers are practicing horticultural farming with many others doing cereal crop production. I kindly request those farmers who are practicing horticultural farming