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.

With specific reference to the EU’s doctrine of direct effect, critically assess the extent to which EU law concerning commercial activities are enforceable within member states.

Introduction The extent to which EU legal rules and principles, concerning commercial activities, are enforceable within member states will be critically assessed in this essay. This will be done by reviewing certain aspects of EU law and considering the extent to which EU law can be invoked under the principle of direct effect. It will be shown that whilst individuals and businesses will be capable of invoking EU law through national courts, this will always be subject to restrictions to ensure that the market is not being distorted in anyway. Main Body The ‘direct effect’ principle is used to confer rights or impose obligations upon individuals in accordance with European Union (EU) law. National courts are bound under this principle to recognise and enforce certain EU legal rules and principles (Dashwood, 2008: 229). If EU law is inconsistent with a law of a member state, the doctrine of supremacy seeks to ensure that EU law prevails. Direct effect was first established in Case 26/62 Van Gend en Loos v Nederlandse Administratie der Belastingen [1963] ECR 1 when it was held by the European Court of Justice (ECJ) that individuals rights, as enshrined under the Treaty Establishing the European Economic Community, were capable of being invoked before the courts of EU member states. This case demonstrated how EC Treaty provisions were directly effective against members states, and was a welcoming development in ensuring that member states complied with their Treaty obligations. As a result of this doctrine, EU law is enfor ceable within all member states, which has an overall impact upon many commercial activities. This was recognised by Moens and Trone who pointed out that; â€Å"the importance of this unique feature lies in the fact that it is futile for business people to seek to invoke a legal act of an EU institution which could not be relied upon in a national court† (Moens and Trone, 2010: 367). Firstly, in order to be able to rely on a legal act of an EU institution, it is necessary to establish whether the act is directly effective. If the act is not directly effective, then its provisions cannot be relied upon in a national court (Moens and Trone, 2010: 367). The ECJ in Van Gend en Loos formulated a test to determine whether a treaty provision has direct effect. In doing so, it was noted that a treaty provision will be directly effective where â€Å"a) its text is clear and unambiguous; b) it imposes and unconditional prohibition; and c) its implementation does not depend upon any further legislative action by the Member States† (Moens and Trone, 2010: 367). It was made clear in Case 2/74, Defrenne v SABENA [1974] ECR 631 that there exists two different types of direct effect; vertical and horizontal. Vertical direct effect is the relation between individuals and the state, whereas horizontal direct effect is the relation between individuals (Kaczorowska, 2013: 264). The ECJ in Belgische Radio en Televisie v SV Saban (127/73) [1974] ECR 51 held that the competition rules enshrined in Arts 101 (1) and 102 (previously Arts 81 (1) and 82 EC Treaty (TEC)) â€Å"tend by their very nature to produce direct effects in relations between i ndividuals†. National courts consequently have a duty to ensure that the relations between individuals are being adequately safeguarded. Arguably, individuals can not only seek protection under EU law against the state, but they can also seek protection against private individuals. Horizontal direct effect is generally used as a way for individuals to invoke EU legal rules and principles in respect of commercial activities. An example of this can be seen in Walrave v Association Union Internationale (36/74) [1974] ECR 1405; [1975] 1 CMLR 320 where the Court found that a measure, which affects a relationship between individuals, may be directly effective. Here, the prohibition of discrimination on the ground of nationality was deemed to have horizontal direct effect in respect of a relationship between individuals (employer and potential employee). Since the principle of direct effect was first established, citizens and undertakings have benefited substantially because of the fact that individual rights have been conferred upon them which the national authorities and courts must safeguard under EU law (Europa, 2013: 1). For example, Arts 101 and 102 TFEU are designed to ensure that competition within the EU is not restricted or distorted. This protects businesses and consumers from unfair competition and commercial practices by producing direct effects in relations between individuals. Art 101 (1) prohibits agreements between undertakings, decisions by associations of undertakings or concreted practices which may affect trade between EU member states and which have as their object or effect their prevention, restriction or distortion of competition within the EU as identified in Case C-41/90 Hofner and Elser [1991] ECR I-1979. Art 101 thus protects competitors and customers against dishonest behaviour, which is imperative in en suring free competition within the EU. The application of Art 101 has been subject to much controversy on the basis that it has been applied to broadly, thereby catching agreements that were not actually detrimental to competition (Whish, 2012: 115). This rendered Art 101 exorbitant and demonstrated the need for courts to apply it more rigidly (Bright, 1996: 535). Three categories of exemptions now apply to Art 101, namely; 1) commercial activities that are beneficial to consumers; 2) agreements of minor importance, and 3) block exemptions for different types of contract, such as vertical agreements (Bright, 1996: 535). As a result of these exemptions, the extent to which Art 101 is enforceable within member states is unclear and it is likely that consumers and businesses will have difficulty demonstrating that certain commercial activities fall within the ambit of this Article and subsequently invoking EU law against a private individual. EU competition law does not intend to stand in the way of legitimate commercial activities, but to instead promote and maintain fair competition within nation states (Europa, 2013: 1). Whilst this is often deemed necessary to prevent unfairness and to regulate anti-competitive conduct, unnecessary restraints are capable of being placed upon commercial activities (Rodger, et al; 2009: 103). Arguably, it is imperative that some exemptions do exist so that the application of Article 101 is not exorbitant. This ensures that any positive benefits stemming from an agreement are balanced against the restrictions that apply to Art 101. Article 102 TFEU is primarily aimed at preventing those undertakings who hold a dominant position in the market. Through the principle of direct effect, individuals will be capable of invoking this Article by showing that an undertaking who holds a dominant position in the market has abused its position as highlighted in Case 27/76, United Brands Continental BV v Commission (1978) ECR 207. Such abuse may include; unfair purchase selling prices, unfair trading conditions, restricting production and applying different provisions to similar transactions (Kennedy, 2011: 237). A degree of uncertainty surrounds the scope of Art 102 because of how serious a finding of infringement would be, which renders the extent to which Art 102 is being enforced in member states unclear. For a firm to be dominant, it is not necessary for there to exist no competition at all and instead it merely needs to be shown, as identified in Case 85/76 Hoffman-La Roche v Commission [1979] ECR 461, that the firm has an â€Å"appreciable influence on the conditions under which the competition develops†. It is likely to be extremely difficult for a private individual to establish that a firm has an appreciable influence on the conditions under which the competition develops and as such it is again questionable how far Art 102 will go in protecting private individuals and businesses through the principle of direct effect. Regulations are also subject to direct effect, meaning that they will be directly applicable in all EU member states, as provided for by Art 288 (ex Art 247 T EC). This was illustrated in Case C-253/00 Munoz [2002] ECR I-7289 when it was stated that â€Å"regulations operate to confer rights on individuals which the national courts have a duty to protect†. EU decisions and Directives are also directly effective in member states, as signified in Foster v British Gas (1990) C-188/89. This case exemplified the courts willingness to confer horizontal direct effect upon individuals and signified how EU law concerning commercial activities are enforceable within member states. Conclusion Overall, whilst there are some restrictions in place to regulate the application of EU law, it is evident that many EU rules and regulations will be capable of being enforced within all member states. This is necessary when it comes to commercial activities as it is important that some form of protection exists to prevent the market from being abused. The extent to which EU law applies will always be subject to some controversy because of the fact that certain exceptions will apply. Though this is necessary in preventing abuse and ensuring that a balance is being maintained. The extent to which this balance is achieved is likely to be open to much debate though it is evident that member states have made some attempt to invoke EU law provisions concerning commercial activities. References Bright, C. (1996) ‘EU Competition Policy: Rules, Objectives and Deregulation’ Oxford Journal of Legal Studies, Volume 16, Issue 4, 535-559. Dashwood, A. (2008) ‘The Principle of Direct Effect in European Community Law’, Journal of Common Market Studies, Volume 16, Issue 3, 229-245. Europa. (2013) ’50 Years of Direct Effect of EU Law Benefitting Citizens and Companies’ Press Release Database, [Online] Available: http://europa.eu/rapid/press-release_CJE-13-56_en.htm [27 August, 2014]. Rodger, B. MacCulloch, A. and Galloway, J. (2009) Cases and Materials on UK and EC Competition Law, Oxford University Press: Oxford. Kaczorowska, A. (2013) European Union Law, Routledge: London. Kennedy, T. P. (2011) European Law, Oxford University Press: Oxford. Moens, G. and Trone, J. (2010) Commercial Law of the European Union, Springer Science & Business Media: London. Whish, R. (2012) Competition Law, Oxford University Press: Oxford. Cases Belgische Radio en Televisie v SV Saban (127/73) [1974] ECR 51 Case 85/76 Hoffman-La Roche v Commission [1979] ECR 461 Case C-41/90 Hofner and Elser [1991] ECR I-1979 Case 27/76, United Brands Continental BV v Commission (1978) ECR 207 Defrenne v SABENA [1974] ECR 631 Foster v British Gas (1990) C-188/89 Van Gend en Loos v Nederlandse Administratie der Belastingen Case 26/62, [1963] ECR 1 Walrave v Association Union Internationale (36/74) [1974] ECR 1405; [1975] 1 CMLR 320

Presentation and Store Design Category

About Sephora Sephora is the leading chain of perfume and cosmetic stores in France and the second in Europe. There are over 1,600 Sephora stores in 27 countries, and over 340 of those have opened in North America since the first US store opened in 1998 in New York. Sephora is the originator of the open-sell prestige cosmetics model, which affords clients the ability to test and access any product in the assortment. Across the categories of Makeup, Fragrance and Skincare, brands are presented within a unified Sephora-driven presentation format to enable cross shopping, and clients are encouraged to touch and test all products. That point of differentiation is an essential part of our retail proposition and brand essence, and has proven effective in enabling clients to explore the complete range of brand offerings by category. In complement to this interactive and unified presentation of each brand in Sephora’s product mix, clients are guided through each world’s products with anchor presentations. These presentations highlight trends, explain how to combine products to customize a makeup look or skincare regimen, and bridge into potential service consultations or class registrations with our cast of experts. While much success has come from the breadth of products offered to clients, we have also discovered that the candy-store effect can be overwhelming. Clients love the access and choice, but frequently crave guidance to hone their selections. So balancing bounty with points of access is key to navigating our stores and assortments. Sephora aims to serve as a beauty editor, offering a vast array of products, but providing a curated point of view that helps each client delve into the selection best suited for her. THE STORE DESIGN CHALLENGE Sephora has a strong market presence in Makeup, Skincare and Fragrance, but is most known in North America for its Color (the internal term for the Makeup category) shopping experience. This model defines the brand and the remainder of the store’s format. The unbridled product access, the ability to trial any product in the store, and the sense of fun and interaction remain popular and engaging for our clients. But Sephora is interested in exploring how its Color experience might evolve to better evoke trends, more deeply engage clients in meaningful product exploration, and offer a less static feel from one client’s visit to her next. This challenge is to rethink the store’s formula for Color, preserving the defining and differentiating aspects of the opensell cosmetics model, but updating its look, feel and client experience. Students are to identify what they think is essential from the current in-store model, articulate the opportunities for evolution based on the added advantage created in the client’s shopping experience and engagement with the brand, and then propose a holistic concept presenting the evolution of the total Makeup department. The updated look, feel and client experience should allow implementation across the range of existing stores. Store sizes overall range from 3,800 to 6,000 square feet on average, with Color comprising approximately half the store. Entries should include a suite of core fixtures and features, complemented by interchangeable elements, with the demonstrable ability to reconfigure into a variety of spatial conditions. The fixturing suite should be unified in language, but may articulate through a range of elements and presentation methods. Modularity is essential, as is solving for the challenges of presenting small-scaled products in an organized and inviting way. The See-Try-Buy model at the heart of the Sephora store concept must be inherent in all presentation solutions. Sephora will supply the approved corporate logo, as well as its brand mark and red Pantone match, The Flame. The Sephora name is derived from the fusion of the Greek god Sappho with the biblical figure Zipporah, and the Flame is the representation of her enduring spirit. Along with the word mark and Flame, Sephora’s black and white stripes are a globally iconic branding element, used with purpose as part of the storefront architecture. Derivations and references to these brand codes may be considered in the design of the fixturing programs, but should be treated with a level of sophistication. Sephora stores are black and white, with judicial use of red accents. Color may be introduced through graphics or visual merchandising, but all store fixture elements must adhere to this branded color palette. Complementary metal finishes are permitted, as are variations in the materiality and proportional relationship of the brand colors. GENERAL REQUIREMENTS †¢ The current fixture program is composed of two core fixtures. A â€Å"linear† – the store’s base wall unit – and a gondola – the makeup category’s base floor unit. Sephora creates these base modules, and then ndividual brands work with Sephora to customize the tray components to each season’s assortments and stories. These trays are updatable and interchangeable to any position within the linear and gondola system; this function must be preserved in the design concept. †¢ Limitations of the current fixture program include a lack of flexibility to create more varied spatial configurations and presentations, a static graphic communication system, and an overall feeling of being fixture-heavy and cumbersome. Fixtures should focus more on the product and storytelling. Objectives within each of the brand’s feature presentations include: focus and articulation of current trends and the latest product innovations; clear secondary presentations of core product groupings such as eye shadows, foundations, and lip products; a forward presentation of each product available for the client to test, backed by packaged and accessible selling stock; and additional back-stock storage in each unit. †¢ The newly proposed core fixture solution needs to provide for a base system that preserves an underlying framework to each brand’s presentation while evolving how the brands can express their trend and product stories. The overall department is punctuated by highlight areas. Here Sephora presents a curated assortment of the best of a product segment, such as mascaras, or highlights a larger trend, such as nail art. Design proposals are to reconsider how trend and highlight areas function and are integrated into the â€Å"brand library† of the overall department. These areas should be flexible for frequent updating, encourage play and trial as well as shopping and learning, and be designed to enable varied configurations over time. †¢ The total store is anchored by the â€Å"Beauty Studio,† the destination for clients to receive cast-assisted consultations. Design proposals should thoughtfully integrate the experience of experimentation and trial throughout the revamped Color experience. Clients should always feel exposed to looks, trends and product innovations, with the ability to try the products individually, in groups or with cast assistance. †¢ Sephora’s virtual presence has grown. It is the leading online beauty retailer, with a loyal following across all forms of social media. The virtual experience with the brand affects the in-store shopping experience, so students should consider digital integration across the Color experience. The area should range from 1,600 to 2,500 square feet, comprising a mixture of wall and floor fixtures. PRESENTATION REQUIREMENTS AND FORMAT †¢ Each entry should be submitted in an 8-1/2 x 14 bound booklet, not to exceed 12 pages. †¢ The design may be hand-drawn, rendered, photographic, and/or computer-generated. †¢ Students also must submit a copy of their design in PDF form at entry on a CD. A PDF version of the booklet is also required. †¢ The submission should address the general requirements above at a scale and composition determined by the student. A written concept statement limited to two paragraphs must highlight the unique fixture design, the rationale for design decisions, material selections, and the demographic for whom the design was made. GENERAL INFORMATION AND ENTRY REQUIREMENTS †¢ This competition is open to undergraduate college students only. †¢ Students may only enter ONE category; either the visual merchandising category or the store design category. †¢ The student’s name and school name is not to be visible anywhere on the presentation pages or cover. Each entry must include a printed entry form and disclaimer clipped to the back of the entry. †¢ Each entrant must complete and submit an online copy of the entry form as well. †¢ Students must also submit a copy of their entry on a CD or DVD in a PDF format with the entry. Please make sure to label the CD or DVD. †¢ Students are advised to keep a copy of their entries, as entries will not be returned. Entries must be received by 5:00 p. m. Pacific time on Tuesday, Oct. 29, 2013. Sephora PAVE Entries Attn: Paul Loux & Hillary Washington 525 Market Street, 32nd Floor San Francisco, CA 94105