Intellectual Property Literature

Question: Critically discuss in light of the relevant literature, UK, CJEU and optionally also under US case law. Answer: Intellectual property is a legal word given to a work, which is created by use of intellect of a person and the right of monopoly given to the creator of such works as the exclusive right to use and disturb it (Cornish Llewelyn and Aplin 2013). There Intellectual property is the knowledge of the creator along with the product of its creation. For example, all the famous and popular paintings like Mona Lisa are the exclusive right of its creator. However, the right, which the law of the State gives the creator for his intellect work is termed as Intellectual Property Rights (IPR). There are different types of Intellectual Property Rights recognised by the United Kingdom (Bently and Sherman 2014). Some commonly known intellectual property rights are patents, copyright, trademarks and industrial trade secrets. The Intellectual property right is a new legal concept, developed a lot later than some very popular and traditional laws such as contract law and land laws. It was developed in t he late 19th century particularly in Europe for the first time. The main objective of this legal to be enforced was to encourage and protect innovation from the citizens of the State in every form. In United Kingdom, the Copyright Design and Patent Act, 1988 governs the laws related to intellectual property rights (Colston et al. 2010). One form of Intellectual Property Right is the copyright. Copyright is the right of a person to exercise complete monopoly on the work he has created out of his intellect. The work of the copyrighter is warranted automatically as soon as it leaves the mind of the creator and takes the form of expression in any form (Fawcett and Torremans 2011). Thus, copyright is created immediately on creation of some original work. There is no requirement to get the original work registered in the United Kingdom. In the United Kingdom, copyright regulations are governed under the Copyright, Design and Patent Act of 1998 (Horspool and Humphreys 2012). Thus, copyright covers literary works like books, novel, musical work, films, radio, internet and videos (Torremans 2013). It is a copyrighters exclusive right to prevent any third person from causing harm to his original work by doing the following events without the creators permission: copying his work Publishing the copies of this work for selling or distribution to public in large Performance of any sort of drama or creating any music, which required the recordings of the original work Make a movie or adaption of his original work in any form Copyright exists even after the death of its creator. In United Kingdom, copyright of any original work by a person lasts for 70 years after his death. In case of computer-based innovation and audio or video recording the said time limit for existence of copyright is 50 years after the death of the creator (Beebe 2010). Copyright law is violated when any person, without the permission of the creator uses his original work, which is protected under the copyright law of the State (Cornish, Llewelyn and Aplin 2013). With the growth of technology, and entry into the digital era, many software developers require copyright protection. Copying of any commercial developed software is entirely unauthorised under the Copyright laws (Feigl and Anger 2012). This applies irrespective of the fact that copy of original work is purchased in the form of CD, DVD or downloaded from the internet. However, if any software is used for any commercial or educationally purposes, appropriate permission in the form of license needs to be taken from the creator. The State has introduced a website called FAST in which one can report any infringement or threat of potential infringement of copyright (Troelstra and Van Dalen 2014). The new digital era has made technology so advanced that its almost impossible to work in any field today without the use of a computer and the various softwares in it. The use of computers has not only made working faster but also more efficient in every form of work. From storing data to making a worksheet, everything requires the need of the computer. Thus, the Copyright, Design and Patent Act, which was formed in 1988, becomes a little outdated to govern the new and advanced means for data or software protection. It is therefore important to note some reasons why United Kingdom needs a new copyright act or amendments in the previous one (Nielson Nielson and Hankin 2015). The first reason for the need of an updated copyright Act in the United Kingdom is that a long has passed since a Copyright Act was enacted, which is almost more than 25 years from now. After entering the digital age, the advancement in technologies and computerized mode of performing routine activities has changed drastically from the time the Act was passed in 1988. Today there is online shopping, smart phones, tablets and social media which are not regulated as they were non-existent at the time of the Act. (Kawashima 2010). The second reason is to encourage innovation, which can lead to economic growth. The young firms in the country that can introduce innovation, which will in return be a reason for economic growth; but as these young firms are under rapid increased use of Intellectual Property rights, it increases their Intellectual Property transactions liabilities which in return blocks these firms from growth and innovation ( Cason and Mllensiefen 2012). The Intellectual Property law in United Kingdom is so strict that its limits people from copying music even in routine life. For example, music from CDs is restricted from copying to ITunes. This has made the copyright laws in the United Kingdom become a barrier in creating innovations in any fields like arts, business and literary In order to formulate complete growth in all sectors in the United Kingdom, there is a need for a forum where digital information is readily available and can be sold and brought easily sitting at home with mere exchange of licenses. A system needs to be created which can make transaction better the copyright holder, small or big in operations to easily sell his work and for potential buyers to easily be able to buy such work (Sobin, Gospodarowicz, and Wittekind 2011). Right from the time the Copyright, Design and Patents Act, 1988 was enforced it is nearly amended 80 types till date (Zandvoord 2013).Some of its amendments are to feature the EU copyright principles and others are made to implement changes in the domestic inconvenience the copyright law was causing. Even after all these amendments, till today the copyright Act does not fit to meet the needs of todays digital age. The amendments have only made the Act more confusing and lengthy in nature (Kreger 2013). Another amendment, which is certainly needed in the United Kingdom for updating its copyright law, is regarding the permission to use the same for private purposes without infringement of the copyright. Certain works from creators of copyright cannot be used or are locked from the public at large as the owner of the same is unknown to claim his copyright. Therefore, such work is restricted for any type of use (Bently and Sherman 2014). The concept of fair use which is popular in United States of America needs implementation in the United Kingdom (Ellig 2014). Fair use means free usage, which makes this rule an exception to the right of the copyright owner monopoly in using his creation. Under fair use rule, a copyright, which is made open to the public, can be used provided the use is allowed under the fair use blanket, the material is justified in use and no more than needed is used in any form. Thesource, which means the author, is mentioned in the text in which the copyright mater ial is used. In Wright v Warner Books, Inc the defendant had published some content from the books of a deceased author his wife sued the defendant stating that the copyright of her deceased husbands work is infringement. The judgement of the case was in favour of defendant as only one 1% of the work from the deceased authors copyrighted work was used in the book and it was purely for informational purpose (Pallante 2012). In Folsom v Marsh 9 F. Case 342 (C.C.D. Mass. 1841) the defendant had copied 353 pages from a book that had exclusive copyright of its publishers. Thus, he was sued for infringing that copyright. The Court concluded in favour of the publishers stating that an extract, which the defendant printed, could decrease the sale of the original work and therefore does not fall under the fair use blanket (Samuelson 2012). Thus every case decided under the fair rule blanket needs to be decided on case-to-case basis with keeping certain underlying principles in mind like purpose and use of concerned copyright and economic loss to the copyright holder due to use of the copyright content. Infopaq Int v Danske Dagblades Forening is a Danish case on copyright; decided by the Court of Justice of European Union where the summaries of newsletter were automatically published. The issue of the case was that copyright material automatically re-produced during business operations was infringement of copyright (DeBriyn, J., 2012). The Court of Justice of European Union Decide that businesses should look at their operations carefully to avoid infringement of copyright. The fair rule under the copyright law states that any copyright can be used without license or permission if it is for private purposes like research and education (Kingston 2001). A normal citizen in the United Kingdom regularly breaches Intellectual Property law by merely transferring music from CDs to iPods or vis verse. Another disadvantage of this is that it creates the citizens to take the law in hand as avery casual and routine thing. The copyright law being very out-dated in the modern era, breaching the same is obvious. This can make a citizen feel very casual about breaking a law and still not being punished. The copyright law in the United Kingdom has a number of defects, as it is outdated to meet the current needs of digital era. As the Government wants to introduce certain reforms in order to upgrade the Copyright, Design and Patent Act, 1998 so that the Act meets the needs of current digital age, some important recommendations need to be listed (Rosenbaum 2011). The first recommendation that the United Kingdom needs to incorporate is in relation to evidence. The new updated system, which requires implementation, in the United Kingdom, should balance innovation, economic object of growth with social benefits of the copyright holder and the customer. This will help in extending the copyrights law or in setting appropriate limits for the same (Nimmer, D., 2013). The second recommendation is licensing of copyright. In the Bridgeport Music, Inc v Dimension Films 410 F. 3d 792 (2005) ;the plaintiff jointly owned the copyright of a song which, was partially used in a rap song in a movie by the defendant. The defendant obtained license to use the same from just one plaintiff thus the plaintiff sued the defendant. The trial court agreed that the song was used without permission. However, on appeal, the order stood reserved and Court stated that defendant had the right to underlying composition of the song but not the sound recording. It is very necessary to boost the United Kingdoms global digital transaction and not just national. Therefore, the United Kingdom should introduce a digital copyright exchange forum, which will encourage copyright owners by giving them certain benefits to allow their work to be used through licensing. It is important to support the European Nations and regulation to develop a cross border digital licensing system where copyrighters from over the globe can contribute their work by licensing it and everyone is open for purchasing such license for legitimate needs (Vanhanen, T., 2013). The third way the United Kingdom can upgrade its copyright law to meet present advanced age is by enabling license to orphan work. Orphan work means when a person creates a work from his intellect and is unknown to the world when his work is open to the public. Such works where the authors are unknown need to be open to the world without the fear of infringement right of copyrighter. All such works should be collected together and then licensed to be used by anyone ready to buy a license for the same. The forth way to update copyright law in the United Kingdom is to limit the process that sets too much regulation on the copyright law. The basic aim of introducing the copyright law was to protect the original work of the creator. Therefore, regulations under the Copyright, Design and Patent Act, 1988 do not restrict or disturb the objective of the copyright law to be relaxed. The government should implement the concept of fair use, which is a very popular legal concept under the copyright laws in United States of America. Fair rule means free usage, which is an exception to the exclusive copyright by the copyright holder of his work. The fair use allows using copyright material without the permission of the copyright holder for various reasons like non-commercial research and educational research. The fair use needs to be used without violating the right of monopoly in ones work of the copyright holder ( Zandvoord, 2013) In Suntrust Bank v Houghton Mifflin Co, the plaintiff was the writer and copyright holder of a very famous book called Gone with the Wind. The defendant was about to publish a book called The Wind Done Gone in which she had used the pattern and character from the book Gone with the Winds Thus, the plaintiff from stopping the distribution of defendants book pleaded an injunction. However, the Court rejecting the same stated that publication and creation of parody, which is carefully written, falls under the blanket of fair use in the copyright law in the United States of America. Thus, the Court allowed the publication and distribution of authors book (Brabec et al. 2013). It is important for the United Kingdom to make its copyright law liberal just like it is in United States of America to encourage innovation and better economic growth. With liberal policies, individuals will be in a better position to research and develop new and updated versions of the old copyrighted material. Moreover, the copyright law of the European Nations which was enacted for the reason that they be implemented in each State in Europe along with the case laws on copyright passed by the Court of Justice of the European Union; needs to be kept in mind while updating the Copyright, Design and the Patent Act, 1988 (Kawashima, N., 2010). Therefore to conclude the whole issue of outdated copyright laws in the United Kingdom is the duty and responsibility of the United Kingdoms Government to conduct intensive research in finding the loopholes of the Act that are preventing the same from meeting the needs of present modern technologically advanced digital era. The implementation of the reforms can possibly enforce it to encourage the basic aim of creating copyright laws in the nation. For growth of the nation, in general the copyright laws should be friendly when used for legitimate purposes like in educational and scientific researches. With help of this, the chances of innovation and development will be possible in the country, which will increase its economic prosperity and also encourage individuals in innovating newer and faster ways to life and work more efficiently and comfortably (Torremans 2013). With the copyrights laws being liberal in nature, the basic aim of creating copyright law, which was encouraging inn ovation, and then protecting it, will be achieved in the United Kingdom. Reference List Beebe, B., 2010. Intellectual property law and the sumptuary code.Harvard Law Review, pp.810-889. Bently, L. and Sherman, B., 2014.Intellectual property law. Oxford University Press. Bently, L. and Sherman, B., 2014.Intellectual property law. Oxford University Press. Brabec, C.J., Dyakonov, V., Parisi, J. and Sariciftci, N.S. eds., 2013.Organic photovoltaics: concepts and realization(Vol. 60). Springer Science Business Media..Organic photovoltaics: concepts and realization(Vol. 60). Springer Science Business Media. Cason, R.J. and Mllensiefen, D., 2012. Singing from the same sheet: computational melodic similarity measurement and copyright law.International Review of Law, Computers Technology,26(1), pp.25-36. Colston, C., Galloway, J., Mac Sithigh, D., Andrew Griffiths, O. and McMahon, A., 2010.Modern Intellectual Property Law 3/e. Routledge. Cornish, W., Llewelyn, G.I.D. and Aplin, T., 2013. Intellectual property: patents, copyright, trade marks allied rights. Cornish, W., Llewelyn, G.I.D. and Aplin, T., 2013. Intellectual property: patents, copyright, trade marks allied rights. DeBriyn, J., 2012. Shedding Light on Copyright Trolls: An Analysis of Mass Copyright Litigation in the Age of Statutory Damages.UCLA Entertainment Law Review,19(1). Ellig, B., 2014.The Complete Guide to Executive Compensation 3/E. McGraw Hill Professional. Fawcett, J.J. and Torremans, P., 2011.Intellectual property and private international law. Oxford University Press. Feigl, F. and Anger, V., 2012.Spot tests in inorganic analysis. Elsevier. Horspool, M. and Humphreys, M., 2012.European Union Law. Oxford University Press. Kawashima, N., 2010. The rise of user creativityWeb 2.0 and a new challenge for copyright law and cultural policy.International journal of cultural policy,16(3), pp.337-353. Kingston, W., 2001. Innovation needs patents reform.Research Policy,30(3), pp.403-423. Kreger-van Rij, N.J.W. ed., 2013.The yeasts: a taxonomic study. Elsevier. Nielson, F., Nielson, H.R. and Hankin, C., 2015.Principles of program analysis. Springer. Nimmer, D., 2013.Nimmer on copyright. LexisNexis. Pallante, M.A., 2012. Next Great Copyright Act, The.Colum. JL Arts,36, p.315. Rosenbaum, S., 2011. The Patient Protection and Affordable Care Act: implications for public health policy and practice.Public Health Reports,126(1), p.130. Samuelson, P., 2012. Is Copyright Reform Possible. Sobin, L.H., Gospodarowicz, M.K. and Wittekind, C. eds., 2011.TNM classification of malignant tumours. John Wiley Sons. Torremans, P., 2013.Holyoak and Torremans intellectual property law. Oxford University Press. Troelstra, A.S. and Van Dalen, D., 2014.Constructivism in mathematics(Vol. 2). Elsevier. Vanhanen, T., 2013.Strategies of democratization. Taylor Francis. Zandvoord, R.W., 2013. A handbook of English grammar.

MBA Grad School Essay Sample - Avoiding the Dangers of Other Peoples Help

MBA Grad School Essay Sample - Avoiding the Dangers of Other People's HelpThere are a lot of options when it comes to the question of how to write an MBA Grad School Essay Sample. Choosing which one to use can be a little bit tricky. There are those who will tell you that you must not use anything at all, that it is just a waste of time and that you are better off finding a new line of work. This is not true, but there are also some who tell you that you need to use this essay sample as a template, but with very few additions to it.It's important to know exactly what you are doing in order to get the most out of your MBA Grad School Essay Sample. In other words, you need to know what you are not doing, too. In this article I'm going to show you exactly what you must not do and what you must do to get the most out of your MBA Grad School Essay Sample.First, don't cheat! A lot of people start cheating on their MBA Grad School Essay Sample because they feel like they have to do so in or der to get a high grade. Don't do this, at least not right away, because it is not good for your grades, and it will affect your future student loans.Second, don't change your major too often! Changing your major mid-way through your degree can easily cause you to drop your grades as well as negatively impact your college application essays and recommendations.Third, don't make all your points from a random section of your MBA Grad School Essay Sample. Make sure that your points are from something related to your area of study, but not too detailed. If you need a story, make it a short story or maybe a couple of paragraphs on a topic you are really interested in.Fourth, don't turn your MBA Grad School Essay Sample into a lecture! You need to make your points in as simple and direct a way as possible, but remember that the goal is to try and write a testable argument and not a lecture.Overall, if you follow these tips, then you should do well in your MBA Grad School Essay Sample. So, what are you waiting for?

A Clockwork Orange Essays - British Films, English-language Films

A Clockwork Orange The movie A Clockwork Orange takes place in the future of London. Anthony Burgess originally wrote it. Later on made into a movie, and directed by Stanley Kubrick. The movie is to represent ultra-violence and how there is no scientific cure yet. The social context is very violent in the beginning showing scenes of rape and assault. The movie shows a violent killer and rapist, and an attempt to cure him that fails. The author of A Clockwork Orange is Anthony Burgess, also went by the name Joseph Kell. He was born on February 25, 1917, in Manchester. His family was middle class, and their religious background was Catholic. His family life was not easy. His father was a cashier and piano player. His mother died of the flu in 1919, two years after he was born. So with his mother gone and his father not doing to great financially, his maternal aunt then raised him. His stepmother then raised him. Despite the many changes in where he was living, he always was good in school. He continued his studies at Xaverian College and Manchester University. When in college he studied the English language, and literature. He finished school in 1940, which was right around World War II. So he now had to serve at the Royal Army Medical corps. He fell in love and got married in 1942, to an alcoholic named llwela Isherwood, who passed away in 1968 due to alcohol. Burgess was released from the medical corp. around 1945, and then started teaching. He held down to jobs from 1946 to 1950. The jobs were a college professor at Birmingham University and a teacher at Banbury Grammar School. He was not writing that much at this point, only studying music. Anthony Burgess completed his first novel in 1949, although it was finished, it was not published until 1965. In 1954 he was an education officer, he then wrote a trilogy. This trilogy included Time for a Tiger, The Enemy in the Blanket, and Beds in the East. By 1959, Anthony Burgess was devoted totally to writing. He lived all over in places such as Italy, the United States, and Monaco. He wrote eleven novels from 1960-1964. In 1962 he put out A Clockwork Orange which made him famous. Burgess's novel was a best seller, and then made into a hit film. Stanley Kubrick directed the film. This movie fully represents ultra violence.

A Horrifying Story of Rape in the Military

A Horrifying Story of Rape in the Military Brigid Harry (not her real name) is a wife, mother, and co-owner of a small marketing communications company she runs with her husband. She earned her MBA after completing her military service and now lives in New York. After years of silence, shes decided to share her story. I was 20, had already worked for 3 years as a secretary at a major corporation in my hometown, and was impatient to grow. Id come into the company all starry-eyed and within months had absorbed the tasks of two co-workers whod been laid off, folks with years at the company and most with two-year degrees. I didnt get far, because I was 20...and a girl. Perhaps an immature, impatient girl as I look back on it, but I knew that a high school diploma was going to get me nowhere - unless I was happy staying a secretary, and I wasnt. A Decision to Enlist A few years earlier Id considered the military as an alternative to a career in the business world. The recruiters all focused on education in their pitches, so I took some tests which revealed I was very qualified for a program that the Marines had - a photojournalist. They offered a special one-year program: candidates would live as civilians and attend one of the countrys top journalism schools as part of their education. All I had to do was sign. A few months later I did. Boot camp was rough (9 weeks for the gals), and other than some minor back issues that developed from the daily PT (physical training), I did just fine. During this time, I took additional testing and earned a perfect score for Morse Code Intercept and languages, which meant they really wanted me to learn Morse Code, and then Russian. Even though Id passed all the tests for a photojournalist, I caved to their daily badgering and signed away my first option. Normal Conversations I was sent to my first duty station at the Naval Air Station at Pensacola, FL, where all 5 services were sent to learn Morse Code. A few months into service, my back problems got worse, and I developed daily headaches and migraines. The base doctor, a youngish Navy captain from Puerto Rico, assigned some physical therapy and then had me follow-up with him. In our meetings, wed chat - and I knew I had to be appropriate in my conversations because he was an officer and I was enlisted. However, I believed that he was reaching out to me, glad to have a normal conversation with someone who had interests outside of the base and the bars that ringed the base. He invited me out to dinner one evening as a  friend. Nothing romantic was implied, he assured me, and I mentioned that I did have a boyfriend back home, a young man Id met just before I left. He said that he enjoyed our talks about old movies and old music​ because everyone else on the base wanted to talk about getting drunk or war. Dinner and Movies He also assured me that it would be after hours, off the base, and that the officer/enlisted thing wouldnt be an issue. I hesitated, but I found him pleasant and believed what he said. We agreed to go to an old movie festival (I actually think it was Bogart films) that was running that evening nearby, and he arranged to pick me up. I dressed casually, which back then (and with my lack of fashion sense) was jeans, a jean vest, and some sort of shiny blue polyester shirt - a bit on the boyish side, as I think back, but as we were to grab a burger and then watch old movies in a darkened theater, fashion was the least of my concerns. Why Dont We Eat Here First? He was prompt. He drove a black Trans-Am Firebird. The car actually surprised me because he hadnt struck me as one of those kinds of guys. Nevertheless, I climbed in and we left to go to dinner. But then he stopped at his off-base apartment, saying he needed to pick something up, and I could certainly join him for a few minutes. Okay, I thought - naively. As I noticed a package of chicken on the counter, and spices, and potatoes, he casually suggested, Why dont we eat here first? We had a few hours before the movies started, and besides, they ran continuously through the night. I agreed, but with hesitation. He poured me a drink (the legal drinking age was at 18 at the time) and I consumed it, too quickly, which has always been my style. As he prepared dinner, I had another drink, and then a third. They were strong, and I hadnt eaten anything since lunch 6 hours earlier. The chicken went into the oven, and we sat on the couch to chat. I remember asking why he joined the service, as hed indicated he wasnt like the other military types on base. He said he just that he wanted to get out of Puerto Rico. An Officer, Not a Gentleman He poured me another drink and I hesitated, feeling buzzed and growing uncomfortable. I asked when dinner would be ready, and could we get to the movie festival in time. Thats when he leaned over to kiss me. I recoiled. I mean, he was an officer, I was enlisted, and I had a boyfriend. My mind raced. I didnt know what to do. I said I had to use the bathroom and he pointed to a door in the hallway. I headed in that direction, my face red, feeling really uncomfortable. When I opened the bathroom door to exit he was standing there with his pants off. He grabbed me in a huge bear hug and pushed me into the adjacent bedroom. I stiffened and said I wasnt interested - that I had a boyfriend, that I really felt sick to my stomach, that I didnt know about sex (all true). Please, I thought we were going to see old movies. Please let me go, I feel nauseous. Please stop. Please dont do this. Please, please, please. Please. He was stronger than me. He twisted my arms behind me and started pawing at my clothes - my boyish, unattractive clothes. He pulled until he created a burn between the denim and my thighs. He pulled at my underpants until they tore. He jumped on top of me as I pulled to turn sideways. His voice was angry now. Frozen It was over in a few moments - he was quick to come to completion. I was frozen in a curled position, with my clothes draped over me. He grunted, Get up, Ill take you back to the base. I didnt know what to do. Should I go with him? Should I get a cab? I said Id go with him. I pulled my clothes back around me and stood there trembling. He drove me to the base, and I jumped out of the car. My room was in a dorm-like setting, and I shared a bunk with an Army gal, African American, who outranked me. She wasnt home as she was on a date. I jumped into the shower and probably stood there for over an hour. I didnt cry. I tried, and couldnt. But I scrubbed and grew angry at myself, at him, at my life choices. Admitting I Had Been Raped Monday - three days later - I went to class. At noon, I went to the base chaplain, a Catholic priest, a Navy officer, and told him what happened. It wasnt easy, and I never looked up from my hands in my lap. Did I lose my virginity, he asked, or was that something I had already done prior to Friday evening? Well, I admitted, I dont think this did that because†¦oh, God – I remembered something - this man had a child-size penis. I knew what they looked like - I had two younger brothers and changed my share of diapers. No, I hadnt bled. Was there any chance I was pregnant, the Navy priest then asked. I finally looked up, still red from having stated aloud the miniscule size of the doctors penis. What? Could I be pregnant? He continued that if there was any chance of pregnancy, I could never consider an abortion. What? Pregnant? That was the least of my concerns, I mumbled. I was...yes, admit it†¦I had been raped. I mean, yes, I went in his car. Yes, I had drinks. Yes, I knew he was an officer and I was enlisted. But we were going to go watch old movies. But†¦ but†¦ Discouraging Guidance I waited a week, and my period came. One thing to NOT worry about, I suppose. Then I called my mom, who had a house full of little kids still. I told her what happened - and thats when I finally cried. She was audibly upset and asked what would happen. I had no clue, I told her. I promised I would go back to the chaplain Monday and seek guidance. Monday, I visited the chaplain - and told him I wasnt pregnant. He seemed relieved and then asked what next. I told him, I think the man should be punished. Would he help me through that process? He squirmed and said that since I hadnt filed a police report immediately - that since Id showered immediately after the incident - it would be a difficult case. A case of he said, she said. I said I was angry and that what he did was wrong – and I wanted to pursue it. He made an appointment with my commanding officer, and I met with the man Tuesday, who spoke a lot of legalese to me and said hed get back to me. There was a woman secretary, a high ranking enlisted Navy woman, taking notes. I couldnt tell if she was sympathetic or not to my story, as she was absolutely stone-faced. Perhaps shed heard it all before. Didnt Want the Mess Wednesday after class I was walking to my bunk to unwind, grab a bite, and try to do homework when I saw a black Trans Am approaching me. It slowed to a crawl, I stopped, and then it raced past me, spewing pebbles and dust. Obviously, the driver was pissed at me, and I felt afraid. Someone must have said something to him. I spoke to my mom again that weekend. She was crying and told me to drop charges - that I would be the one on trial, that my father had spoken to an attorney and they decided that they didnt want the mess dragged through the local papers back home, that Id have to find a way to move on. I met with the commanding officer and made him an offer; if theyd let me go into photojournalism, as Id originally signed up for, Id not pursue anything against the doctor. Within 48 hours, I had new orders: a week medical leave at home, and then Id join the next military journalism program starting in Indianapolis at an Army base. I had made no real friends at the base, and other than my roommate who was kind and considerate during my time of stress, the few folks I knew from boot camp didnt know how to treat me. I was happy to leave. Where the Men Were in Charge Of course, then there were more problems at home. My dads attorney suggested that I talk to a shrink, as my dad said - a profession my father had very little use for. I went, and the mental health professional wrote up a report and sent to my former commanding officer, and one to my upcoming commanding officer, that I was immature and really wasnt a good candidate for a life in the military. I joined the journalism program, came in second in my class, made friends, maintained a long-distance pen-pal relationship with the boy back home, but started struggling as I got to my new duty station in North Carolina. Back in a world where the men were in charge, despite the obvious women of rank around, I started getting angry and upset and lonely. I refused to work one day, and the shrink back home - per my dads attorneys advice - sent along his report. A higher ranking woman suggested that it would be a rough few weeks, but if I wanted to get out, that boycotting work was one way to do it. Honorable Discharge I met with the bases commanding officer, who had all my files - my episode in Florida, my decision not to press charges, my letters from doctors back home, and my test scores. He expressed concern that I chose not to honor my contract with the Marines, but as a dad to young daughters, he wished me well. He asked me to promise him that I would go back to school, even part-time, and try to contribute something positive. I received an honorable discharge a year and a day after I started boot camp. To this day, I cant remember the Navy doctors name - or his face, thank God. Im thankful that one man, my final commanding officer, treated me with some respect. Homecoming My boyfriend, whod stuck by me when I was away, proposed as soon as I returned home, but then started acting uncomfortable in my presence, and as I assumed he started seeing other girls, we broke up. I went back to my job, making up excuses for why I was home so soon. My cousins got wind of my seeing a psychologist and just last year I had to correct one of them as they were joking that I couldnt handle the service so my dad had to get me out. I finally looked one in the eye and said, Do you know that I was raped by an officer when I was there? That shut them up, but Ive lost interest in family gatherings. (Of course, these are the cousins who are right-of-center pro-military, never having served themselves). Questions Without Answers Ive never written this down, ever. Id told the story - to the chaplain, to my CO and his secretary, to the psychologist back home, a version to my bunkmate. As I type this right now my temples are throbbing, and my face and ears are burning and red. Ive looked back over the years and asked myself, Why did I say Id go to the film festival with him? Ive questioned my posture, my wardrobe, my jokes, my drinks. Of course, Ive questioned my timidity at the exact moment I shouldve turned into she-woman or something. I was a 20-year-old, non-sexually active moron. I was cornered, I got trapped, by a bigger man with a tiny penis. The priest could only care about abortion. My mom could only care about the local papers (although, as a mom now myself, I can imagine the pain she personally went through, trying to keep her anxiety from my younger siblings - but shes decided now, after all these years, that I made it up just to get out of the service - and I cant convince her otherwise. Ive decided not to bring it up again). No Knives, No Fists...But Still Rape I read stories of women who may or may not have been in relationships that got out of hand in the military, and I sometimes read about the young woman, beaten or worse, as she was raped. Me? Just bear-hugged overpowered and bruised – no knives, no fists. But I cant shake the sudden stomach pains I have this moment - that, and the reddened face.

The value of leadership in the contemporary healthcare organisations Essay

The value of leadership in the contemporary healthcare organisations - Essay Example The research paper â€Å"The value of leadership in the contemporary healthcare organizations† highlights the leadership issues of human resource management and the leadership of clinicians and other stakeholders. The National Health Service (NHS) in the UK is faced daily with issues that make service delivery more and more challenging. These problems bare a direct effect on the health of every individual, because if the Healthcare organs function in a strain it would transcend into less quality services provided. Healthcare workers include various professionals from Doctors, nurses, administrators and sundry other stakeholders who are relevant to the delivery of good Healthcare are affected by the issues of funding, inadequate or shortage of manpower. However in the NHS one major clog in the wheel of adequate, humane healthcare delivery is the issue of personnel. Due to the nature of synergistic collaboration needed to provide adequate services at these organisations, human r esources management must be at the most efficient level. Bickering among stakeholders from Government agents to Medical staff has escalated, assuming alarming proportions. Therefore the importance of rightly qualified persons to handle all aspects of healthcare institutions is all too clear. Every healthcare worker should know what values they are supposed to believe in and strive for. Leadership will be seen to be failing if it is not setting the right examples. A good manager must know how and when to use any style of Leadership.

Internet and Democracy Essay Example | Topics and Well Written Essays - 2250 words

Internet and Democracy - Essay Example Internet communication is probably the fastest way of communication. The introduction of internet and other computer-based communication technologies has opened up many possibilities in different aspects of human life. Distance is no longer a constraint for information interchange because of the advanced internet and wireless technologies. Even the outer universe communication and data analysis are made possible with the introduction of wireless technology and internet. Most of the common people believe that internet is just for information interchange only. But the internet can influence other regions of the human life as well. It can assist job seekers in getting jobs, it can assist students in improving their learning potentials, it can act as an excellent medium for advertisement, it can act as a market where people can sell and purchase goods or services etc. Even the politics seem to be one beneficiary of the internet. In early 90’s it is believed that internet can enhan ce the political process of democracy immensely. Though internet requires a lot of financial and intellectual investments, the lack of centralized control over the internet raised doubts about the implementation of internet technologies for the strengthening of democracy. â€Å"Democracy involves a separation of powers and popular participation in governmental affairs. During the era of the Enlightenment and 18th-century democratic revolutions, public spheres emerged where individuals could discuss and debate issues of common concern† (Douglas Kellner). Democracy can be defined as a system in all citizens can directly participate in the decision-making process. Proponents of democracy believe legislative, judicial, and executive powers should be handled by the people. Or in other words, the representatives in these three sectors must be appointed by the people.

Discussing Communications role in Palliative Care

Discussing Communications role in Palliative Care Palliative care is patient centred, death accepting, a relationship between the patient and the carers, concerned with healing rather than curing. Healing is about the right relationship with self, others, environment and god. Palliative care is concerned with patients quality of life, helping them reach their potential physically, psychologically, socially and spiritually, however ill they may be. Palliative care is best managed by a group of people working as a team interested with the total well being of patient and family. Co-ordination and communication is an important part of teamwork. Effective communication is the key to a therapeutic relationship (Edwards, 2001). Skills such as active listening, reflecting and using open and closed questions to obtain information sensitively, will ensure not only effective assessment and evaluation, but also palliative care as a whole (McEvoy, 2000). Problems with communication can make palliative care hard for patients, family, carers and professional care teams. Furthermore, interpreters do not always solve communication problems. Many care teams depend on family members to assist them interpret. Good communication requires a common understanding of religion and culture and the capability of a interpreter to understand a way of life (Randhawa et al,2003) The World Health Organization (WHO) believes that palliative care is compassionate care of patients when curing or prolonging life isnt attainable. Palliative care involves effective pain relief; psychological and spiritual care of the patient with the intention of improving self-esteem regardless of poor physical ability; working with the family, friends and carers to create a support network to help patients cope and remain autonomous and to live as happy and actively as possible until death; support for the family during the patients illness and in bereavement. PAIN MANAGEMENT AND COMFORT PROMOTION Alleviation of pain and symptoms Pain relief is an extremely important element of palliative care. (Simon , 2009). Accurate and comprehensive pain assessment is essential to providing effective pain management. Assessment that focuses on pain alone misses the other interrelated symptoms (Hemming and Maher, The nurse needs to set goals which are realistic. The nurse must monitor pain repeatedly and must not wait for the patient to complain of pain. Reassessment is also necessary as a patients condition and pain change with time. Brant(2003)states that inadequate assessment is a major problem in effective pain management. The World Health Organization (WHO)(1990) guidelines on cancer pain management stress the main principle is to choose the right drug treatment in accordance with pain severity, not the disease stage. Pain relief needs to be administered regularly to keep a constant therapeutic dose in the blood, or else peaks and troughs take place which cause suffering to the patient and unpleasant effects on their quality of life (Hemming and Maher, ) Pain and other symptoms are frequently not managed well enough, and continue to be a cause of anxiety for patients and their families(Fallon et al, 2006). suitable and sufficient pain relief should be provided. Clarke (2006) stress the importance of giving the patient effective pain relief as well as pain information, and involving patients in their pain management which help to reducing suffering. Some Hindus may request to avoid opiate pain relief, as they may believe it will decrease their ability to meditate or see unwanted visions (Wilkins and Mailoo. Existential distress is the term given to difficulties patients have in making sense of their life, particularly when facing pending death. ( Mok et al, 2010). numerous palliative physicians and pain specialists are aware that there is a link between existential suffering and pain (Strang et al.2004). If they are not addressed, they will both delay recovery and add to the overall suffering of the patient (Mako et al. 2006). Nurses, who have frequent contact with patients, are in a position to deal with the matter as part of holistic care. To solve the problem nurses need to involve the patient, carers and family. It also requires healthcare professionals sensitivity and genuine involvement in the care of the patient. Mr Chauhan has undergone stoma surgery in 2008 and faced several adjustments as a result of alteration in body image. The nurse caring for Mr Chauhan needs to be aware that as he is from an ethnic minority, the psychological and psychosocial effects of a stoma can have a huge impact on the cultural and religious aspects of their lives (Black, 2000) The caring of patients who speak no English has ethical, legal and professional implications for patients, relatives and health care staff. Appropriate communication between patient and the health care team demonstrates respect, and empowers the patient to make health care decisions (Black, 2008). CULTURALLY AND SPIRITUALLY APPROPRIATE CARE Hindus believe that, life is not as much about worshipping God and more about living a good life that will bring the individual closer to God. Hindus prefer to die at home. Home has a religious meaning and death outside the home can cause distress. A Hindu priest reads from the holy books and carries out holy rites which include tying a thread around the wrist or neck, sprinkling the patient with water from the Ganges or placing a sacred tulsi leaf in the patients mouth. Hindus believe that the body should be returned to nature therefore the dead body is cremated . A dying hindu patient may request to be laid on the floor during the final moments of death. Last offices Normally, it is only those of the hindu religion who touch the body and the family wash and prepare the body in the home. (Nazarko, 2006). There may be strict religious beliefs, strong cultural heritage, or the patient may have fled from torture and terror. Some patients with a stoma view it as a punishment or of confirmation as a wrongdoing in a previous life (Black and Stuchfield, 2005) For those with a stoma, arrangements for ritual cleansing before prayer should be discussed and appropriate stoma products should be used. If the nurse is unsure about the care and ritual of a patient they should ask the patient what their needs and expectations are. If unsure, talk to with the appropriate religious leader and seek advice (Black, 2008). Intercultural communication Retired Hindu parents hand over their responsibilities to their children. It is usually the duty the eldest son and his family to care for their parents (Wilkins and Mailoo, 2010). Devoted Hindu people pray numerous times daily; as early as 4:30am to as late as 9:30pm (ISKCon, 2009). The nurse should provide a place of prayer for Mr Chauhan which should be away from unclean facilities such as toilets, and if possible in the north-east side of the room. (Sahasrabudhe and Mahatm, 2000). Modesty issues are extremely important for Hindu people and they usually prefer same-sex staff for care of personal and hygiene needs. All those providing care for Mr Chauhan should respect Hindu beliefs as regards to touch when helping with with mobility, dressing and self-care (Wilkins and Mailoo, 2010) Hindus are very clean and prefer to be washed in running water. Many Hindus flush their nostrils with warm saline solution and some clean their tongues before meals. Nasal flushing is best given up if residents are no longer able to do it with assistance, because it may be unpleasant to receive passively. The right hand is customarily used for eating, and the left for toileting therefore the nurses involved in Mr Chauhans care should be aware of this when giving food, as the use of the left hand may cause offense. Many hindus wash themselves with water after using the toilet therefore Mr Chauhan may need a bowl of water or a shower after toileting (Wilkins and Mailoo, 2010). Thoughts at the time of death are believed to establish a patients reincarnation, therefore it is essential to let Hindus, and their families, know when they are dying. Hindus may request to hear mantras, see particular images or be in a specific place at the time of death (Holland and Hogg, 2001). The Hindu person may ask for the presence of a priest or family members. Alternatively, it could be a dying wish to be left in peace to centre their mind on spiritual thoughts A dying Hindu person may wish to lie on the floor to be closer to the Earth, and have their head facing east. They may also make a sacrifice by giving money to charity. Although facilitating these traditions could be interpreted as malpractice in the west. A natural, dignified death may be preferred to unnaturally prolonged life. Death carries over into the next life. Health and social care staff must discuss spiritual needs with Hindu patients on an individual basis to ensure quality of care. (Wilkins and Mailoo, 20 10). Caring for a dying patient in the community during the last few weeks or months of life requires an extraordinary commitment from the nursing team, not only in terms of human resource, but also in terms of capability, empathy and clarity of focus in caring for the needs of the patient, family and carers. Gold Standard Framework; communication, co-ordination, control of symptoms, continuity, continued learning, carer support and care of the dying( Melvin, 2003). Health care professionals are starting to be aware of the values, beliefs and practices of other cultures and faiths in order to provide culturally appropriate care (Black, 2008) In cancer and palliative care, it is evident that practitioners do not feel their training is sufficient in preparing them to care for the needs of those from diverse ethnic and cultural backgrounds ( Gunaratnam, 2007). FAMILY EDUCATION NECESSARY FOR THE RECOGNITION OF IMPENDING DEATH AND DEATH The role of the nurse is to understand how the individual with a cancer is affecting his or her family and, in turn, how family reactions and behaviours influence the patients experience. Furthermore, the goal of family care is to assess what can be done to strengthen the support available to them throughout stressful periods. Its important as the patient approaches death to find out what support is needed to meet the patientss spiritual and cultural needs. The patients preferences should be well-known before death, if possible. If the person is too ill to state their final wishes, family and friends may be able to provide the appropriate information. Spiritual needs are often part of the persons culture and its important to understand how culture affects expectations and behaviour in the persons last days of life. (Nazarko, 2006). emotional, physical and social stress; many of the carers felt that they needed respite from the physical and emotional burdens of caring, as well as time to relax and socialize with friends(Scot, 2001). For carers of people with complex and changing palliative care needs, coping with change, doubt and uncertainty can be a daily struggle. Palliative care nurses, the research team noted that professionals commonly choose to relate to one key carer, preferably the next of kin, who are first and foremost given information about the patient, regarding their health. Nurses can feel anxious and uncomfortable in the presence of a large family,as some may have different information needs and may not respond well to the information given (Scot, 2001) Patients and carers constantly criticise the lack of information given to them. Good, clear information helps in reducing anxiety, giving a sense of knowing, and regaining a sense of control. Patients do not always hear things the first time, so doctors need to be patient, being prepared to give information in bits, repeating messages, and checking in later to confirm that it was understood. Printed fact sheets and diagrams can be useful, as can referral to disease-specific community groups or websites. CONCLUSION Ensuring that the persons needs are met during and beyond death is an important aspect of caring and the contribution of nursing staff is invaluable.