Assignment #3 Petty v. Metropolitan Govt of Nashville & Davidson Research Paper

Task #3 Petty v. Metropolitan Govt of Nashville and Davidson County - Research Paper Example As is determined by Mollica (2008), at the core of this, the chief debate for this situation is whether Metro had damaged USERRA, in its dealing with or treatment of Petty. Insignificant had left the office for well-trained with the United States Army and looked for redeployment with the office after the fruition of his military assistance. There are four key capacities that USERRA performs. These include: the ensuring returning veterans the privilege of re-work after military help; keeping businesses from victimizing returning veterans, comparable to their military assistance; endorsing the situation to which armed force veterans are entitled upon their arrival; and keeping managers from terminating returning veterans self-assertively, inside a time of reemployment. Considering the four capacities, it is all in all correct to express that USERRA exists to unite the privileges of returning veterans who are looking for reemployment upon come back from administration. Be that as it may, even considering the prior, Metro deferred re-employing Petty by oppressing her through the whole come back to-work process. Also, Metro abused the reemployment arrangements of USERRA by not concurring Petty the position he had been equipped for. The Court made an end that Petty’s guarantee for segregation under USERRA was real and established on truth since he had fulfilled all the specifications for the reestablishment. Once more, the court proceeded with that Petty’s appeal for reemployment was made in an opportune way, and his release done decently. In the USERRA claim, Petty had relevantly contended that the division had unlawfully deferred his reemployment and declined to reestablish him [Petty] to his watch sergeant’s position. This was biased against Petty, by ideals of his military assistance record. The contention by the division that it was only watching uniform qualification for obligation strategies which Nashville and the encompassing province didn't do the trick in the court. Metro

Like a freshman

Like a freshman DID YOU KNOW? Prussian Monarch Frederick William used to kidnap giantslike, people over 66hit them over the head, and put them in his royal guard. Like a freshman? Haha, no, you arent allowed to do that until November. No no, today I felt I like a freshman, hosed for the very first time. Last night I woke up at 5:30 to put the finishing touches on my 10.490: Integrated Chemical Engineering problem set (which eventually turned out to need about two and a half hours of touching) when I encountered my suitemate and moral compass Dizzle 09, just finishing up a 2.003 lab report herself. Dizzle [09], said I, Should I put 6.003 on P/D/F? What? said Dizzle. Pass / fail! Should I put it on pass fail? clarified I. Oh, OH! I was like, what, adobe acrobat? Im really tired; I think Im going to bed now. said Dizzle as she stumbled off into the night. Okay, good night Dizzle. said I. Five seconds later: But yes, yes, put it on PDF, youre a senior, you should sshshngngngngnnnn. So all day, while I was sitting in my classes slowly passing out from sleep deprivation (did you pay tuition yet this term, Sams Mom?) I was also contemplating the prospect of having a class on Junior/Senior P/D/F. You get to do this with any two regular classes of your choice during your senior yearthe professor doesnt even have to know, so he or she will just give you a B or a C or whatever and it still comes out on your report card as that most beautiful grade of all: a P. Hmm. thought I during one lecture. I remember calculating last year that if I got an A in every one of my six classes this term, my GPA would increase by one tenth of one point (MIT only rounds to the tenths place)! But if I got a B in any one of them it would stay the same. But I reconsidered an hour later: thats really the dumbest reason anyones ever had for not taking a class P/D/F, isnt it? I had also been a little worried that taking something on P/D/F would discourage me from learning the material completely, but I actually decided that it would (theoretically) just let me skip the harder problem sets once in a while if I had something else really important to do. So, in between noncatalytic reformations of turkey carcasses in subcritical water today, I MIT shuffled my way over to the student services center, picked up an add/drop form, threw it at my advisor and seriously creeped his secretary out, and dashed gallantly back to the student services center with signed form in hand. And so, this term is now officially 27% more freshman for me! What more do you want? How about JKIM AND A ROOT BEER FLOAT?! Now Ive got your attention.

Analysis Of Archibald J. Motley s An Oil On Canvas That...

Archibald J. Motley, Jr’s 1943 Nightlife is one of the various artworks that is on display in the American Art, 1900-1950 gallery at the Art Institute of Chicago. Motley Jr’s piece is an oil on canvas that depicts the vibrancy of African American culture. This piece portrays young, sophisticate city dwellers out on the town. (insert citation) Motley was fascinated by Edward Hopper’s Nighthawks, which was a part of the Art Institute’s collection in 1942. Motley was interested in this piece because of its treatment of artificial light. (insert citation) Motley’s Nightlife piece depicts a crowded cabaret in the South Side neighborhood of Bronzeville in Chicago, with people seated around tables on the right and at a bar on the left. Archibald†¦show more content†¦The front of the painting looks open but when looking toward the back it seems almost crowded with people. I begin to wonder why are all these people gathered here? Clearly it is set a t a bar but why is it so crowded with people? Was this a bar that is only exclusive to African Americans? When taking a closer look and analyzing everything that is happening in Motley’s Nightlife, it provides an understanding of the piece. Each person in the piece seems to be happy with many of them laughing and smiling. All of them appear to be having a good time listening to jazz music and swing dancing. In a study conducted by Rhoda Feldman at the University of Illinois at Urbana-Champaign, she uses inner-city public elementary school children from a school in Chicago that is predominately African American with families of low income. The study was conducted to see what these children observed from various artworks. The students observed the same that these African Americans were dancing the swing while listening to jazz. When asked how they know it was jazz music and swing dancing, they replied background. Even these elementary school children realized that Motleyâ€℠¢s artwork clearly shows African American culture. (insert citation) Motley’s choice to set his piece in a club/bar with various colors place all around the bar, relates to jazz. Jazz music starts out with an idea and then you change it and play with it. It gets a

The Use of the Modifier More in English

The modifier more is commonly used in English in a wide variety of situations. You are probably familiar with the use of more in the comparative form, but there are other uses as well. Below you will find explanations of each of the different ways more is used to modify nouns, as well as in the comparative form and as an adverb. More is different than (the) most which you can learn about on this page dedicated to the uses of most in English. Comparative Form The most common use of more is in the comparative form. More is used with adjectives of more than one syllable - with the exception of adjectives ending in y - to express that there is more of a particular quality. Notice that the opposite less is also used in a similar manner to indicate that there is less of a particular quality (This hike is less dangerous than the one we took last week.) Examples: My history class is more interesting than my math class.New York is more expensive than Seattle to visit. More Noun Determiner More is placed before a noun as a determiner to state that there is more of something. However, it is important to note that the preposition of is not used when speaking in general. Remember that the plural form is used when speaking in general about countable items or people (There are more students this year). When speaking about uncountable objects, use the singular form (We need more rice). Examples: Its important to eat more fruit in your diet during the summer.There are more books to read in the next room. More of Determiner Noun More of is used with articles and other determiners when speaking about a particular thing or group. This is true for people as well as for objects. Remember that the is used to indicate a specific object that both the listener and the speaker understand, whereas a is used to speak about something listeners do not which specific instance is referred to. Examples: He is more of a thinker than you might realize.Ill have to use more of this class to explain the present perfect. More Alone In some instances, its clear which noun more modifies. For example, in a restaurant, a waitperson might ask you if you would like more referring to coffee, water, etc. If the context is clear the noun may be dropped. Examples: Would you like more? - Sure, Id love more. (Mom talking to a child concerning cake)I wish I had more, but the economy is tough these days. (Friend talking about money) Number More Noun Infinitive A number used with more followed by a noun and an infinitive expresses that how many/much more there are/is to do of a certain task. One more ... to do can be substituted with another ... to do. Examples: There are three more tests to correct today.Jennifer needs two more credits to graduate. More as Adverb More can also be used as an adverb to indicate an increase in an action or feeling. The opposite of this form is less (i.e. I like him more every day. OR I like him less every day.) Examples: I like him more each time I see him.She wants more every time I talk to her. More and More The comparative phrase more and more before an adjective is used to state that something or someone is increasingly becoming a certain way. In other words, when stating that there is a growing tendency towards something use the phrase more and more before an adjective. The opposite of this phrase is less and less to indicate that something is decreasing (i.e. Its getting less and less expensive to buy a computer.) Examples: Its becoming more and more difficult to find a job.Peter is getting more and more nervous about his final exam.

Systematic review paper - 1119 Words

Systematic Review Systematic Review The purpose of this meta-synthesis research was to synthesize a qualitative study performed to better understand the underlying reasons why only a fraction of cancer patients participate in cancer research trials. The attempt is to explore factors that influence participation in this type of study. Literature in the subject indicates poorly understood process of how patients are enrolled into clinical trials. This systematic review tries to improve the patient decision-making process in participating in cancer clinical trial and to provide Oncology nurses to treat patients with solid background utilizing evidence based practice (Biedrzycki, 2010). The study was conducted in hope to†¦show more content†¦Three studies tested an educational intervention and two studies used an experimental design. 50% of the studies did not report timing of the research in relation to the decision regarding clinical trial participation (Biedrzycki, 2010). During meta-analysis, response rates varied by type of measure and study design, only 50% reported response rates (range = 21% - 95%, median=71%. 29% declined participating because they had no interest and 24% declined with no reason given. One major reason people declined to participate was because they had no access or could not use a computer. Multiple time measures were conducted in decision regret, it was noted that responses were reduced (Biedrzycki, 2010). The process used to pool the data together was clinical trial decision making. The main factors influencing this process consist of patient, provider, and treatment. Two studies specifically explored decision making by the patient. Education requirements impacted decision making since understanding the risks and benefits of clinical trials was the most important factor taken into consideration by the patient. Educational interventions were noted to have increased patient enrollment. (Biedrzycki, 2010). If the patient found the education from the provider to be coercive, treatment was considered a burden. Time and travel also posed an inconvenience on the patient since it adversely affected quality of life and therefore deterredShow MoreRelatedSystematic Review Paper981 Words   |  4 Pagesbiomarkers in stage II colorectal cancer, be filled. Thus, this study will focus on performing a systematic review and meta-analysis using collective data to identify and underline multiple miRNA targets, with regards to disease prognosis in stage II colorectal cancer patients. Methods and analysis: The Systematic review will be reported according to the Preferred Reporting Items for Systematic Review and Meta-Analysis (PRISMA) guidelines, 2015 statement. The required articles will be obtained viaRead MoreA Comprehensive Treatment Plan Based Off Diagnosis Of The Problems At Hand904 Words   |  4 Pages(SRP), prophylaxis, root canal therapy (RCT), post and core, porcelain fused metal crown, and night guard were the major treatments. While broken teeth and possible caries lesions will be watched to see if further intervention needed. Literature Review and Analysis The clinical question for this topic is: â€Å"What is the incidence of osteonecrosis following dental extractions on a patient taking bisphosphonates?† The PICO based on the clinical question is: P: Patients needing dental extractionRead MoreAdvantages Of Star Model Of Evidence Based Practice744 Words   |  3 Pagestested in the laboratory or utilized for explaining a case study. The goal of this assignment is to explore three models of evidence-based practice (EBP) that interest the authors and give a summary. Although several models used in research, this paper will highlight three specific models and provide a summary, strengths, weaknesses and a model that can be implemented in a particular practice. ACE Star Model of Evidence-Based Practice: The ACE Start Model of evidence-based practice developed atRead MoreEvaluation Of A Research Review1605 Words   |  7 Pages Systematic Research Review Stephanie Rogers Chamberlain College of Nursing NR 505: Advanced Research Methods September 2016 â€Æ' Systematic Research Review As advancements are made in science and technology that relates to the care of patients, it is critical for nurses to be aware of the treatments that have been proven to be evidence-based. 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The lack of detailRead MoreResearch Methodology And The Execution Of Slr1978 Words   |  8 PagesMethod This section provides an overview research method i.e. systematic literature review (SLR) used in thesis research; it describes the research methodology, the design and the execution of SLR. 2.1 Overview of Systematic Literature Review This section of chapter was to thoroughly define and go through systematic literature review research method. 2.1.1 Definition Kitchenham and Charters (2007) proposed that systematic literature review has been a widespread research methodology since 1990s, butRead MoreEvidence Based Practice4004 Words   |  17 Pageson which one provides better evidence based on their design (Evans, 2003). This reflects different types of research designs to distinguish ones that are susceptible to bias to ones that have sound results [National Health Service (NHS) Centre for Reviews and Dissemination, 1996]. Mulhall (2002) and Hanberg amp; Brown (2006) cite the gap between research and practice and how it can be implemented. In order for EBP to work, adjustments to attitudes, values and work behaviour have to be made (McCluskeyRead MoreAssignment : Evidence Based Practice, Research, And Quality Improvement1431 Words   |  6 PagesIntensive Alternate Assignment: Evidence-Based Practice, Research, and Quality Improvement This paper will address content covered in the Intensive session that occurred in Austin on September 12, 2014. It is an alternate assignment designed to replace classroom instruction and forum exercises of that day. Evidence-Based Health Care Evidence-based health care is the â€Å"conscientious use of current best evidence in making decisions about the care of individual patients or the delivery of health services†Read MoreFreedom Therapy : A Psychological Intervention For People Facing Serious Illness1660 Words   |  7 Pagestasks and address their emotional and existential need for the end of life patients (Fitchett et al, 2015). In dignity therapy patients completed systematic life review that captured the loveliest and most important moment, the lesson they have to learn in life and any dreams and hopes they haves for their loved one in the future. And the life systematic review is recorded, transcribed and edited to create an official legacy document, and it is can be given to patients as a gift and it can be bequeathedRead MoreLLLT Case Study846 Words   |  4 Pagesthe most suitable and efficient in their cases (Munck et al, .2014). It is this reason that this systematic research paper aims to evaluate t he already available literature on the Androgenetic Alopecia and low lever laser technology specifically in determining whether the use of low-level laser technology is indeed an effective therapy and treatment mechanism for AGA. METHODS (a) Literature review, search and the research procedure Studies published up to the year December 31, 2016, were obtained

Development Of Huck Finn Essay Example For Students

Development Of Huck Finn Essay Character is developed by experience. When a person is young, they are impressionable, and will often change their beliefs and values depending on the situation. I feel that this is because children have such a small amount of personal experience and knowledge. These two possessions cannot be taught and must be acquired first-hand. Knowledge allows people to make their own decisions and have some idea of what the outcome will be. Personal experience is, in not to abstract a way, the same thing. Experience, by definition, is the Active participation in events or activities, leading to the accumulation of knowledge or skill. Experience and knowledge define a person as an individual. Every sentient being draws from their experiences in the formation of their values and in their responses. Every person met, every conversation had, every day lived, shapes us. And just as how a small sum of money seems to be a fortune, someone without much experience will learn astounding amounts from every simple thing. Huckleberry Finn, when the story opens, has been stuck in the same town for most of his life. Up until the early to mid 1900 s, the average person never traveled more than 50 miles from their home. Huck s entire world consisted of little more than the town in which he lived and the surrounding wilderness. Through the efforts of his guardians, Widow Douglas and Miss Watson, Huckleberry receives a basic education and is taught the stories of the bible. Tom Sawyer also helps to broaden Huck s horizons a little with his stories of adventure. Despite the obvious lack of reality in the adventures Tom has read, when attempting to act them out with Huck, he opens their minds to thought about the rest of the world. Huckleberry Finn struck out on his own because he was restless. He was not satisfied with his options; either stay around with the widow and be sivilized, or stay with his father and be beaten. To become sivilized would require schooling, Huck would have to learn proper etiquette, the three R s, study the bible, and go to church. Early in the story, Huck declares his distaste for religion when he discovers that Moses was dead, so then I didn t care no more about him; because I don t take no stock in dead people. (pg. 4). Also, when he was staying with the widow, Huck often complained of being lonely. When Huck was taken by his father to the log cabin, in some ways he was happier. The absence of forced study, tablecloths, starched clothes, and manners comforted the country boy. He enjoyed the hunting and fishing, Huck enjoyed the freedom of the outdoors. Despite the fact that his drunken father probably didn t make for very good conversation, and the fact that Huck was locked in the cabin alone for sometimes days at a time, there is less mention of him feeling lonely. But the thing that finally drove Huck off was the murder attempt by his hallucinating father. By setting out on his own, Huck has made a large decision that he knows will determine the outcome of rest of his life. To him going back to the widow is not an option because he was so miserable, and going back to his father is also not an option because he fears the beating he will receive. Feeling as if he will not miss the town or its inhabitants and thinking that his father will soon have his riches, Huck tells himself he has nothing to loose and sets out. Strangely, despite the fact that they were living under the same roof, Huckleberry and Jim don t seem as if they were all that close to each other prior to starting on their journey. .u1d58a2740d47f65b35ec431b07d9c6ae , .u1d58a2740d47f65b35ec431b07d9c6ae .postImageUrl , .u1d58a2740d47f65b35ec431b07d9c6ae .centered-text-area { min-height: 80px; position: relative; } .u1d58a2740d47f65b35ec431b07d9c6ae , .u1d58a2740d47f65b35ec431b07d9c6ae:hover , .u1d58a2740d47f65b35ec431b07d9c6ae:visited , .u1d58a2740d47f65b35ec431b07d9c6ae:active { border:0!important; } .u1d58a2740d47f65b35ec431b07d9c6ae .clearfix:after { content: ""; display: table; clear: both; } .u1d58a2740d47f65b35ec431b07d9c6ae { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u1d58a2740d47f65b35ec431b07d9c6ae:active , .u1d58a2740d47f65b35ec431b07d9c6ae:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u1d58a2740d47f65b35ec431b07d9c6ae .centered-text-area { width: 100%; position: relative ; } .u1d58a2740d47f65b35ec431b07d9c6ae .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u1d58a2740d47f65b35ec431b07d9c6ae .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u1d58a2740d47f65b35ec431b07d9c6ae .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u1d58a2740d47f65b35ec431b07d9c6ae:hover .ctaButton { background-color: #34495E!important; } .u1d58a2740d47f65b35ec431b07d9c6ae .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u1d58a2740d47f65b35ec431b07d9c6ae .u1d58a2740d47f65b35ec431b07d9c6ae-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u1d58a2740d47f65b35ec431b07d9c6ae:after { content: ""; display: block; clear: both; } READ: Identify Marks and Spencers market position and de EssayHuck s attitude towards Jim is not very surprising when you consider the time period and the way he was raised. To young Finn, Jim is simply a nigger and no more. In Huck s narrative, he belittles Jim and it can be inferred that he sees Jim as his subordinate. To Huck, Jim s ignorance in certain matters is simply accounted for be his color. Huck says I see it warn t no use wasting words – you can t learn a nigger to argue. (pg. 68), with this he implies that black people were not intelligent enough to argue their points. Through out the novel, as the relationship between Huck and Jim develops, the way Huck feel s about Jim changes. Although it is not particularly shown in Huck s speech, his actions show a deep bond between the two. In chapter 16, even after Huck resolves to notify someone that Jim is a runaway slave, he still protects him. Finn goes even further to share the money he takes in with Jim. And by chapter 31, Huck is deeply hurt by the loss of Jim and resolves to rescue Jim even if it entails eternal damnation. Also evolving through out the plot is Huckleberry s kindness toward others. Whereas in the beginning of the novel, Huck had no problem with stealing and playing tricks on Jim. Even by chapter 16, Huck is hatching a plan to get the robbers aboard the steamboat caught. In chapter 26, disgusted by the complete lack of respect on the behalf of the Duke and the Dauphin, Huck resolves to reveal his companions deceit in order to save the true heirs from poverty. The Huck Finn we knew in the beginning of the book most likely would have demanded a share of the profit. And here the same character is, trying to help the Wilks daughters for no foreseeable gain. Huckleberry, when he was living back in the town, seemed to constantly be on the lookout for a way to make money. Whether it be by planning to rob travelers with Tom Sawyer, or selling the timber rafts when they came down, the dream of increased wealth danced in his head. Even when Huck finds the canoe, his first thought is of money the old man will be glad when he sees this – she s worth ten dollars (pg. 27). But as the story progresses, and the drifting duo retreat from society, Huck begins to think less and less of money, and seems to begin to value a clear conscience. This is definitively shown in his aiding the Wilks sisters. Where Huck felt such compassion towards them that he, to some level, risked his life to aid them. Through Jim, Huckleberry began to learn the value of friendships and life itself. Jim loved his family to great ends, he planned to buy his own freedom and eventually that of his wife and children so they could be together once again. Huck, it seems, never truly had a family, his father was always drunk and the widow was too restrained for him to relate too. In all his relationships with care-givers, the care given was unwanted. But aboard the raft, Jim shared his thoughts and wisdom openly, and in a way, the two drifting runaways had formed a family. Huck became more considerate as time went on. Learning from his errors, Huck resolved never to play tricks on Jim after he noticed the pain caused by his deception. Huck takes a large step when he says It was fifteen minutes before I could work myself up to go and humble myself to a nigger – but I done it, and I warn t ever sorry for it afterwards (pg. 74). In this moment, Huck learned that he had the power to hurt others and realized something that some people forget, that it s not right to tool with the emotions of those that care for you. Before this journey, I doubt that anyone had seriously depended on Huckleberry. Jim, without another soul in the world to trust, turned to Huck. .u14d927ddbb61fe1050e395937d5bc283 , .u14d927ddbb61fe1050e395937d5bc283 .postImageUrl , .u14d927ddbb61fe1050e395937d5bc283 .centered-text-area { min-height: 80px; position: relative; } .u14d927ddbb61fe1050e395937d5bc283 , .u14d927ddbb61fe1050e395937d5bc283:hover , .u14d927ddbb61fe1050e395937d5bc283:visited , .u14d927ddbb61fe1050e395937d5bc283:active { border:0!important; } .u14d927ddbb61fe1050e395937d5bc283 .clearfix:after { content: ""; display: table; clear: both; } .u14d927ddbb61fe1050e395937d5bc283 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u14d927ddbb61fe1050e395937d5bc283:active , .u14d927ddbb61fe1050e395937d5bc283:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u14d927ddbb61fe1050e395937d5bc283 .centered-text-area { width: 100%; position: relative ; } .u14d927ddbb61fe1050e395937d5bc283 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u14d927ddbb61fe1050e395937d5bc283 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u14d927ddbb61fe1050e395937d5bc283 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u14d927ddbb61fe1050e395937d5bc283:hover .ctaButton { background-color: #34495E!important; } .u14d927ddbb61fe1050e395937d5bc283 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u14d927ddbb61fe1050e395937d5bc283 .u14d927ddbb61fe1050e395937d5bc283-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u14d927ddbb61fe1050e395937d5bc283:after { content: ""; display: block; clear: both; } READ: Gun Control Commentary EssayThere were many situations where it was only by Huck s quick thinking and courage that Jim retained his freedom. Such as when Huck claimed that his family was sick with small pox on the boat (pg. 78), or when Huck attempts to rescue Jim from his captors in the last few chapters. However, the dependency was not only one way. Huck grew to love Jim and depended on him for support, and comfort. Mark Twain wrote: A book of mine where a sound heart and a deformed conscience come into collision and conscience suffers defeat. (www. twainquotes. com). All through the novel, Finn is constantly battling with his conscience over what is the right choice. He was troubled by his conscience when one side of him said to turn Jim in because it was the law, while the other side kept him bound to his promise and his friend. He was troubled when he had to decide whether to inform Mary Jane of his companions deception, or simply arrange for her to get the money back. Every conflict ended with the true and honest decision being made. Huck had sprouted an iron will and grown a just mind, these two would lead him through the novel and force him to do what s right. By the end of their journey, Huck had learned many lessons that some people never learn. The experience alone of being adrift along the Mississippi river must have been amazing, but the adventures add to the equation exponentially. Huckleberry Finn was no doubt a changed man after his pilgrimage. The trials that Huck had passed along the way had already formed a different being from the one we knew in the beginning. Huck had learned the importance of honesty and how it takes precedence over greed. He had learned what it feels like to be cared about and to care about someone else. He had discovered the emptiness of money and the value of friendship. But most importantly, Huck knew exactly how to spot a con-artist. Still restless, Huck entertains the notion of heading west to continue his adventures. Partially driven on by the same force that he once ran away from, Tom s aunt sally is trying to sivilize him. Huck concludes that he has nothing more to say, but he does announce that he has no more plans for writing any more books. And Finn goes so far as to say that if he knew how much trouble it was going to cause him, he wouldn t have written it in the first place. The story ends with Huck upholding morals far beyond his years and upholding values unknown to his time. One must keep in mind, Huck is only about 13.

The 411 on copyright for net p Essay Example For Students

The 411 on copyright for net p Essay Introduction Wow who owns all these pretty pictures? Net Photogs See me, feel me, touch me, pay me. Net Agencies Service with a click of a mouse. Net Publishers All is fair in love, war and publishing. Net Users Free ride! INTRODUCTION If Francesca were alive today she could track her lovers photos from his homepage instead of schlepping to the Piggly Wiggly to purchase the latest National Geographic. Even if you are stuck in Peoria,1 the family can gather around the key board, open up your Happy Meals and view some of the Best Photography in the world. You want pictures? Boy do we have pictures, click onto the Photo Net Index for a inventory of photographers portfolios, galleries, and museums. Who owns the copyrights to all these cool Net photos? This paper presents a sampling of opinions and predictions about the application of copyright law to Net photos in relation to contemporary photographers; stock photo agencies; publishers; and Net users. THE NET PHOTOG ENTREPRENEUR NET ADV ANTAGES Contemporary Photographers are creating homepages to display portfolios on the Net to advertise for jobs, learn new skills, network with colleagues, and provide pleasure to the viewing public. Stacy Rosenstocks portfolio is an example of the excellent photo art available for viewing on the Net. Photographer/author/adventurer Philip Greenspun uses photos to accompany text in Travels With Samantha Mr. Greenspun says that viewer response is one of the rewards for publishing on the Net.2 The Net is a unique medium for photographers, offering one-on-one feedback from viewers, fellow photographers and critics on a scale not available from the typical art gallery or magazine venue. The scale is larger in terms of the number of potential viewers and the boarderless international viewing audience who may choose to browse. A computer savvy photographer may create a homepage portfolio or seek display with one of the on-line galleries such as that Digital Wave Gallery, or that On Line G allery. A photographer choosing the Net as a display venue can also use the net to learn about copyrights. The American Society for media Photographers offers easy to read copyright information in the that Copyright Guide for Photographers . INFRINGEMENT ENFORCEMENT When a photographer discovers a photo has been published without authorization, the photographer maybe able to secure an injunction, recover actual damages and lost profits.3 Mr. Weisgrau and Mr. Remer point out the legal advantage to writing a copyright notice on the photograph consisting of (c)1995 Artists Name.4 That advantage is possible elimination of the innocent infringer defense.5 Innocent infringers may only be liable for a fair licensing fee.6 An order to sue an infringer the copyright holder must register the photo.7 In order to register the photo, the photographer must possess the photo. Traditionally this is not a problem because the photographer would have a negative, or a print or a slide or some tangible object as a photo. If the photographer has scanned the photo onto a home page or provided the photo to a gallery then there would be no problem if the photographer retains the original. See Philip Greenspuns FAQ on photo scanning. Similarly a CD disk photo would also be tangible to register. However when a photographer uses a filmless camera this projects images directly onto a computer for real-time adjustment.8 If a photographer were to upload this kind of photo, some tangible print would still be required for registration.9 The problem of fixation as it relates to photos on the Net will usually arise in the context of whether or not a photograph was copied by an infringer.10 Certain ephemeral artworks like the type produced by Christo, have been the subject of controversy in terms of the fixation requirement for copyright protection.11 In the context of copyright protection for computer programs the Ninth Circuit held in MAI Systems Corp. v. Peak Computer Inc., that copying for p urposes of copyright law occurs when a computer program is transferred from a permanent storage device to a computers RAM random access memory.12 The court described fixation as sufficiently permanent or stable to permit them to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.13 This decision as it relates to photos on the net may be a practical problem of proof. Net photos, like Christos sculptures, may be here today, gone tomorrow. Consequently the problem will be a whether a copyright claimant will be able to provide a court documentary evidence of the copyrightable subject matter.14 INTERNATIONAL PROTECTION International copyright protection is of special importance to Net photogs. The Berne Convention and the Universal Copyright Convention address copyright in the international market.15 Mr. Cinque outlines the three policies supporting copyright protection: incentive/dissemination; morality/fairness; natural law.16 Incentive/di ssemination is the tradeoff that society benefits from the work of creative artists while the artist may reap economic benefits.17 Morality/fairness is the commercial aspect of rewarding the worker and punishing unauthorized appropriations.18 Natural law embodies the concept that the author owns her work and may do with it as she sees fit.19 Considering these policies, Mr. Cinque argues that under the Berne Convention a copyright may be infringed when a work is copied or stored into a computer system because it is considered a reproduction.20 The Berne Convention provides a minimum of 25 years protection for photographic works and member states may provide additional protection.21 Mr. Cinque presents the case for and against increasing global enforcement of copyright protections in the digital world and concludes that international enforcement is necessary to continue to encourage artists to share work on-line.22 ECONOMIC INCENTIVES Mr. Cinques view supports the widely held assumpti on that artists require broad copyrights with strong enforcement in order to motivate the production of new, copyrightable works. The copyright act is aimed at protecting an artists economic rights.23 Economic theory is based on the concept that individuals are rational, profit-maximizing creatures.24 But economic theory when applied to artists doesnt explain their full range of motivation. It would be difficult to explain why intelligent, presumably rational people ever become artists, a word more often associated with the adjective starving than with wealthy.25 Net photogs appear generous with fellow internetters when it comes to non-commercial use of photographs. On the other hand, no one likes someone else making money of their work. Photographer Philip Greenspun describes his frustration with unauthorized use of his pictures in, The Somewhat Nasty Copyright Notice . As an artist he not only wants to get paid, but desires a certain quality level for his photos. On the other hand , Mr. Greenspun embraces the camaraderie of fellow internetters by authorizing redistribution of his text for non commercial purposes and requesting a source attribution and hyperlink for photos. SHARING RESOURCES The camaraderie among photographers is further evidenced by the wellspring of resources for photographers on the Net. The Michigan Press Photographers Association brings photographers together to share information, as does the Atlanta Photo Journalism Seminar and numerous other resources. One suggestion to assist photographers in protecting copyrights and collecting royalties is a centralized photo bank. Mr. Franklin presents the case for creating a centralized service to license photos, collect and distribute royalties, and engage in license enforcement. 26 The centralized service would include a copyright notice and computer code with the photo in order to track use.27 A similar system was recently established and is called United Image Royalties.28 EMPLOYERS A special n ote to photographers establishing homepages from work. Two authors warn of creating works using an employers Internet connection because work-related products may be determined to be the property of the employer.29 For example, Allen Rose, Ordinary Photographer is employed by the Fort Worth Star-Telegram. Mr. Roses weekly photo series is copyrighted to the newspaper. In a related matter, notice that Mr. Rose chose the location arose rather than something like telestar for his homepage locator. Employees should be careful in choosing web locators so as to avoid trademark problems similar to MTV v. Curry, see Trademarks Along the Infobahn. STOCK PHOTO AGENCIES Many photographers use stock photo agencies to sell photos. News magazines purchase a tremendous amount of published photos from stock agencies.30 For example in 1980 Time purchased 56.88% of their published photos from stock agencies and freelance photographers.31 A traditional stock photo agency publishes catalogues with thumb print photos which customers view and then purchase camera ready prints.32 Stock agencies publicize photos and also negotiate licenses in exchange for royalties.33 See the STOCKPHOTO web site to learn about stock agencies. One advantage of an on-line agency may be the capacity to for customers to download photos immediately. Another advantage to on-line agencies may be enhanced research resources for locating the right kind of photo among the thousands in stock. CONTRACTS When a publisher desires to purchase a photo from a stock agency there may be several contractual arrangements to weave through. These contract issues are determined by state law where as copyright law per se is the subject of federal statutes.34 Contracts may exist between the subject and the photographer, the photographer and the stock agency and perhaps a digital rights agent.35 Mr. Harrang states that a typical stock photo agency contract is a license for one edition only.36 The question of what is one edition has been debated in the context of CD-ROM publications. In this context some argue that an upgrade of the product would be a second edition requiring a re-license fee.37 Harring does not agree with this view and suggests that CD-ROM and on-line publishers can avoid the problem with proper electronic licensing contracts.38 An on-line stock agency such as Corbis Media should be more familiar with structuring proper electronic rights contracts.39 In terms of protecting copyrights while displaying photos on-line, Corbis puts a copyright notice in the upper left-hand corner of the photo.40 This copyright protects the digital file not the actual photo which is copyrighted to the photographer.41 PROTECTING COPYRIGHT WITH TECHNOLOGY Additionally, when a client desires to view a larger image of a photo, the client clicks on the thumbprint photo to access the 6 x 7 inch photo.42 To protect this copyright, Corbis adds a translucent watermark on the picture.43 This method is not full-proof. CEO Doug Rowan admits that the watermark could be eliminated by a technical person and they are working toward technical improvement of the system.44 Unlike other stock agencies, Corbis on-line pictures are for preview only and are not for customer downloading.45 NET PUBLISHERS AND PHOTOJOURNALISTS In Copyright in the New World of Electronic Publishing, See attorney William Strong reassures traditional publishers that copyright law will not be eviscerated by the Net. Copyright is grounded in the Constitution and assures a financial incentive to authors and creative persons.46 Mr. Strong takes the position that in a traditional author contract granting all right, title and interest in and to the work, including copyright grants a publisher broad rights to publish electronically.47 NEW CONTRACTS FOR E-RIGHTS When a publisher drafts new contracts, Mr. Strong recommends that to ensure that a publisher is getting the whole ball of wax that the contract should read the exclusive license to r eproduce the work and distribute it by all means and media now known or hereafter discovered, including, without limitation, print, microfilm, and electronic media as well as the right to display and transmit the work publicly on-line.48 This kind of all rights transaction is not popular among photographers and the American Society of Media Photographers (AMSP). cautions photographers to consider limiting a license by time, geographic area or media type.49 It is interesting to note, that apparently Mr. Strong did not sign such a contract with the publisher of his article, the Journal of Electronic Publishing (JEP) ). The copyright notice indicates that the author, not JEP, controls the copyright, consequently commercial publication is prohibited in print or electronic form without permission of the author. The tension between a publishers desire to license all rights to a photograph, and a photographers concern about giving away too much may gum up negotiations on the electronic pub lishing frontier.50 Mr. Harrang suggests separating legitimate concerns about changing technologies from simple angst about unfamiliar technologies.51 For example, an author may agree to license rights to a CD-ROM publication but hesitate to a license for on-line networks because of metered use questions.52 A resolution to this problem may be by agreement to negotiate a fair royalty amount in the future based on the existing rates.53 For example, Time Inc. is offering an increase in photographers day rate from $400 to $500 per day to compensate for electronic rights for assignment photos.54 Time also offers a royalty option offering a base fee of $75 per image plus a royalty rate that varies depending on a number of factors including English vs. foreign language distribution.55 Terms are to be reviewed in one year.56 About half the photographers have signed the new agreements and the remaining freelancers will continue to negotiate licenses for each photo.57 Time uses the photos in their on-line magazines and other products.58 There is no agreement among the Board members of the American Society of Media Photographers regarding the Time electronics rights policy.59 The value of the rights is hard to assess but ASMP board member Roger Ressmeyer believes that, at issue is the very survival of freelance photography into the next century.60 Veteran photographer Douglas Kirkland sums up the situation well, If there wasnt a substantial value in these rights, Time wouldnt be asking for them.61 On the other end of the spectrum, publisher Conde Nast has refused to pay any additional fees for electronic rights.62 INTERPRETATION OF PRE INTERNET CONTRACTS With regard to pre-Internet contracts, Mr. Strong predicts that where a contract is silent on the issue of electronic publication, the publisher has the right to produce the entire journal in any form including electronic.63 Mr. Strong points to the Copyright Act, in the absence of a written agreement the copyright owner of a contribution to a periodical will be deemed to have given the periodical publisher only the right to reproduce the article as part of the issue of the periodical in which it appears and any revision of that periodical.64 Mr. Strong says, While technically this is not relevant to an interpretation of an actual written contract, I believe it is fair to say that the presumptions which the statute creates here would probably be applied by any court forced to grapple with a contract that was silent on the question of electronic rights.65 The interpretation of old contracts and electronic rights is the subject of controversy between photographers and, TIME Inc. Recently, Time republished some Life cover photos for a CD compilation. Time associate counsel Laury Frieber maintains that the company need not pay the photographers a reuse fee.66 Instead the company sent a letter stating, While as a legal matter we are not obliged to make any additional payments to reproduce our covers, in the spirit of this project we decided to make a payment to all non-staffers whose images graced Lifes cover.67 The letter was accompanied by a $30.00 check.68 Ben Chapnick of the Black Star picture agency disagrees with Times interpretation of the license which he says was for one time use.69 Both Mr. Strong and Mr. Chapnick agree that litigation could take years.70 And Mr. Chapnick predicts in the Time situation, litigation could cost as much as $500,000.71 In any event, says Mr. Strong, each publisher can weigh the financial risks of a copyright violation or breach of contract suit against the gains of electronic publishing.72 Of course an individual photographer is unlikely to have the financial resources to litigate a law suit. HOW ONE PUBLISHER SEEKS TO PROTECT COPYRIGHTED WORKS Michael Rogers managing editor of Newsweek Interactive an on-line publication with Prodigy has integrated the photographs with the text rather than in separate files as a way to combat copyright infrin gement.73 That way, users cant export the pictures for other uses without special software, says Mr.Rogers.74 ALTERATION OF NEWS PHOTOS New on-line technology makes it easier to edit and alter photographs. Visit Digital Imaging photographers and editors can learn new ways to improve and change photographs. But using technology to create art is one thing, using it to doctor news photos is another. Copyright protection for computer art, including photographs is an emerging issue.75 But whereas copyright protection for art photos focuses on the value of the piece as art, the value of a news photo is accuracy.76 The ethics of doctoring news photos 77 is discussed on the Michigan Press Photographers Association (MPPA) home page. This discussion is about the LIFE magazine May, 1995 photo of the Kent State shootings wherein the photo was altered from the original shot by photographer, John Filo on May 4, 1970. The alteration eliminated a pole in the center of the photograph. David Friend, Lifes Director of Photography says it was a done unbeknownst to the editors. MPPA member Brian Masck responds, saying that credibility in the source of a photo is critical to photojournalism. Whether or not photographer John Filo has a cause of action against LIFE for printing the altered photo may be an issue of whether the terms of the print license were exceeded.78 This type of alteration is distinguished from the traditional cropping and centering that a photo editor might do because it is a change in the substance of the photograph. In the future, photographers are advised to safeguard against copyright infringement by including in the license the amount of digital manipulation allowed.79 However, copyright may not be the best or even the only issue regarding authenticity of news photographs.80 Again, the chain of contracts between publisher, photographer, stock agency and photo subject may present legal issues such as false light or misappropriation.81 The news photographer is again advised, to keep original photos to protect against actions like this and to be especially careful if photographing with filmless cameras where a photographer will not possess a negative.82 Alteration of news photos is not a new issue. But new copyright issues pop up in the context of on-line news photo alteration. On the one hand, alterations can be subtle pixel-by-pixel changes that are difficult to detect.83 This capacity makes it easy to steal on-line photos in toto or in part.84 The problem here is a photographers burden of proof as it relates to the ordinary observer approach in proving substantial similarity in an infringement action.85 Photojournalism reviewer Ken Kobre examines The Long Tradition of Doctoring Photos. Mr. Kobre notes that a recent edition of The National Enquirer displayed a doctored photo of a battered Nicole Brown Simpson.86 The Enquirer noted in small type that the photo was a recreation.87 Rather than shying away from the technology and the potent ial abuse of altering on-line news photos, Mr. Kobre believes that increased photographic access assists in the discovery of truth. Totalitarian regimes have been more adept at controlling- and changing what people see precisely because those regimes control their media. 88 In the end, The credibility demanded of journalism should continue to shape its uses of the computers capabilities.89 NET USERS Everyone agrees that Net Users, like most Americans, have little knowledge of copyright law.90 Digital works have some unique characteristics which challenge copyright law.91 Three of those characteristics include ease of replication, transmission, and alteration.92 The Net allows for quick replication and transmission of works as compared to traditional replication methods.93 Modification of Net documents may also provide some challenges to a courts interpretation of fixed.94 POSTING AND DOWNLOADING PHOTOS With regard to replication, transmission and alteration, some Net users behave as if all Net information is up for grabs whether or not the material is copyrighted and has a copyright notice.95 Celebrity fan club postings like the Brad Pitt Web Site are examples of users posting copyrighted photos to the Net. This home page acknowledges that these photos are copyrighted so please be nice. This acknowledgment confirms the Samuelson and Glushko observation that those who post information not authored by them on Internet bulletin boards or in electronic newsletters delivered by Internet sometimes do so with a conspicuous notice that it is being posted without copyright permission, thereby asserting the posters view of an appropriate scope of fair use.96 Furthermore, net users generally regard it as fair to download items from the bulletin board for ones personal use, and even to send a copy to a friend who might otherwise not see the item, it is considered bad manners (or worse) to redistribute more widely someone elses posting without its authors permission.97 It goes without saying that policing user behavior as it relates to copyright is difficult at best.98 ONE PUBLISHERS VIEW OF DOWNLOADING WORKS Recently Time posted Sports Illustrated swimsuit issue photos for personal downloading at the Pathfinder Website that ended up on one of the Supermodel websites. Times legal head Harry Johnston said The restriction is that you can download these pictures for personal use only, but not for further distribution. That would constitute an infringement.99 The idea of policing every single individual who might violate someones copyright has not existed for the last 30 years, with the advent of Xeroxing and videotaping. Its just a fact of life with the technological means we have of making copies. You simply cant catch them all, says Mr. Johnston.100 User liability for copy right infringement in a non commercial context is a disputed issued.101 A user posting someone elses photo to a bulletin board or a homepage raises questions of which fair use provi sion might be appropriate? Education, research, comment or criticism?102 Ms. ORourke predicts that users are infringing where a bulletin board subscriber forwards a document to a large number of non-subscribers.103 But what about home pages? In this context other Net users link to the page. Is the activity of posting Brad Pitt photos to a home page substantially different than uploading Playboy photos to a bulletin board?104 In the Playboy case the court found that a bulletin board operator violated Playboys exclusive rights to display and distribute its photos.105 While home page authors are not charging a subscription fee like the bulletin board operator, they are offering unauthorized, copyrighted photos for public display. In the context of the homepage author, the issue is not that someone is making money off the photo, but that an individual photographer could lose the market for a great photo when someone scans it into a homepage for all the world to access. AN AGENCY VIEW OF POSTING Jim Roehrig, president of Outline photo agency, takes the position that unauthorized posting is a violation of the copyright holders exclusive rights to distribute and publicly display their work.106 Outline represents fashion and celebrity photographers. Roehrig admits to being at a loss as to how to handle supermodels postings.107 Right now Roehrig says, Im hoping that this is relatively small usage and wont become a regular thing.108 THE USERS RIGHT TO VIEW But what about Net users right to view and access information. Copyright law clearly protects the copyright holder. One of the goals of the National Information Infrastructure is free or low cost information.109 The suggestions of the Green Paper drafted by the federal governments Information Infrastructure Task Force are controversial.110 See also a Response to NII. .u99adc1fd354e6bf3467fa3d9bbf666f7 , .u99adc1fd354e6bf3467fa3d9bbf666f7 .postImageUrl , .u99adc1fd354e6bf3467fa3d9bbf666f7 .centered-text-area { min-height: 80px; position: relative; } .u99adc1fd354e6bf3467fa3d9bbf666f7 , .u99adc1fd354e6bf3467fa3d9bbf666f7:hover , .u99adc1fd354e6bf3467fa3d9bbf666f7:visited , .u99adc1fd354e6bf3467fa3d9bbf666f7:active { border:0!important; } .u99adc1fd354e6bf3467fa3d9bbf666f7 .clearfix:after { content: ""; display: table; clear: both; } .u99adc1fd354e6bf3467fa3d9bbf666f7 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u99adc1fd354e6bf3467fa3d9bbf666f7:active , .u99adc1fd354e6bf3467fa3d9bbf666f7:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u99adc1fd354e6bf3467fa3d9bbf666f7 .centered-text-area { width: 100%; position: relative ; } .u99adc1fd354e6bf3467fa3d9bbf666f7 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u99adc1fd354e6bf3467fa3d9bbf666f7 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u99adc1fd354e6bf3467fa3d9bbf666f7 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u99adc1fd354e6bf3467fa3d9bbf666f7:hover .ctaButton { background-color: #34495E!important; } .u99adc1fd354e6bf3467fa3d9bbf666f7 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u99adc1fd354e6bf3467fa3d9bbf666f7 .u99adc1fd354e6bf3467fa3d9bbf666f7-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u99adc1fd354e6bf3467fa3d9bbf666f7:after { content: ""; display: block; clear: both; } READ: Artificial Intelligence Essay We will write a custom essay on The 411 on copyright for net p specifically for you for only $16.38 $13.9/page Order now Ms. Litman says that the draft recommendations would vest in copyrightowners control of any reproduction or transmission of their works, and thendefines reproduction and transmission to include any appearance, even afleeting one, of a protected work in any computer, and any transfer of thatwork to, from, or through any other computer, the Draft Reportsrecommendations would enhance the exclusive rights in the copyright bundle sofar as to give the copyright owner the exclusive right to control reading,viewing or listening to any work in digitized form.