Monday, December 30, 2019

Impact of the Digital Divide on the Different User Groups Free Essay Example, 3000 words

Acquiring digital technology is expensive, making it unaffordable to many people. On the other hand, its use requires knowledge and skills acquired through education, and therefore the uneducated and those lacking these skills are eliminated from the group that benefits from this technology. This is mainly what generates the digital divide. It was established through research that by 2003, the services of the World Wide Web were only accessible to a mere 7% of the world population (NielsenNetRatings, 2003). This indicates a large digital divide that still exists among the world s population. In trying to address this issue, stakeholders in social welfare understand that the right to acquire vital information is significant in the considerations of public policy formulation. In several occasions, lack of access to information has been blamed for the suffering that humans undergo. Social networking is enhanced by digital technology, meaning that for those who it is inaccessible possi bly due to poverty, a location of residents and other restrictions in regard to culture or education, it is not achievable. In order to effectively address the digital divide, it is important to understand the various aspects of digital divides that exist in the world s population. We will write a custom essay sample on Impact of the Digital Divide on the Different User Groups or any topic specifically for you Only $17.96 $11.86/pageorder now They include a difference in those living in urban and rural areas, whereby the rural areas are most likely to be inaccessible for digital technology such as broadband connections since providers of such services concentrate on urban centers. Learning institutions are also mainly located in urban centers where this technology is available, and therefore the rural communities may not get a chance to acquire skills in digital technology. There also exists a digital divide between the old and the young. As stated earlier, the digital technology that mainly reached the public sphere in the late 1990s may not be favorable to those who studied earlier unless they train once more, a factor that may be hampered by limited time due to work and other responsibilities (Tonkiss, 2006 pp. 69-73).

Sunday, December 22, 2019

Essay on Same Sex Harassment - 1650 Words

Same Sex Harassment Imagine that you are in the shower of the gym at work and three co-workers enter, then hold you down to the ground while rubbing their genitalia across your bare skin. No matter what the circumstance you would find this behavior appalling and disgusting. Now think to yourself if every person involved had been a male. Would you say that they were just horsing around? I hope not. The attitude of American society and legal culture regarding sexual harassment has changed over the last 35 years. Our progressive society has finally decided to look at the issue of whether harassment of a sexual nature by a member of your same gender is included in what Title VII of the Civil Rights Act of 1964 was trying to†¦show more content†¦Under Title VII there are two kinds of sexual harassment quid pro quo and hostile environment. The first, quid pro quo, is when a person in a supervisory position places the performance of sexual favors as a condition on sustaining or gaining employme nt or other employment benefits. Harassment of this type holds the employer strictly liable for all damages to the affected employee. The second, hostile environment harassment occurs when behavior by a co-worker or supervisor is pervasive enough to have a negative effect on the employee. The employer is only held liable for hostile work environment harassment when they had knowledge of the situation or the situation was so pervasive that the employer should have known about it. Despite the changing attitude towards sexual harassment in America, the courts have been divided on the issue of same-sex harassment. Several federal district courts skirted around the issue, but one court met this issue head on when Joseph Oncale filed suit in an Eastern Louisiana District Court against his former employer Sundowner Offshore Services, Incorporated. Joseph Oncale, a roustabout on an oil platform for Sundowner Offshore Services, Incorporated in the Gulf of Mexico, was approached in th e shower by co-workers and sodomized with a bar of soap. On other occasions, these co-workers, John Lyons, Danny Pippen, andShow MoreRelatedSame Sex Harassment Essay1298 Words   |  6 PagesSame Sex Harassment Joseph Oncale was employed from August to November of 1991 by Sundowner Offshore Services, Inc., as a roustabout on a sea-based oil rig for $7 an hour. He had worked on offshore rigs before (and does today), but says hes never encountered such abusive treatment as when he signed on with Sundowner. Oncale claims that while on the job he was sexually harassed by three male Sundowner employees: John Lyons, his supervisor; and Danny Pippen and Brandon Johnson, two co-workersRead MoreSame Sex Marriage Should Be Legal892 Words   |  4 PagesLove Is Love Same sex marriage is now allowed in all states across the country. But it took years and years for this â€Å"issue† to be finally laid to rest. The first state to legalize same-sex marriage was Massachusetts in 2004. There was not a last state to legalize gay marriage. The supreme court realized how many states were now legalizing it, so they just had all of the states left legalize it as well. ProCon.org supplies information that â€Å"Twenty-six states were forced to legalize gay marriageRead MoreT F Questions849 Words   |  4 Pagesdiversity means that everyone has different understandings about what sexuality means to them. 25. Bullying, homophobia and harassment can all change what you think and feel about your sexuality. 26. Acceptance of homosexuals has come far, but in society today are we near reaching an overall acceptance? 27. Homosexuals are into the opposite sex and heterosexuals are into same sex. 28. Marriage is a sacred right given to all human beings, and should not be taken away just because of sexual orientationRead MoreGay Rights in the Fire Department1610 Words   |  6 Pagesperson must be weird, stupid, or even dangerous. Though things are constantly getting better and people are beginning to be more accepting of each other some people continue to hate and cast out just because they do not have the same beliefs, sexuality, or even the same looks. The fire department has been on the business side, but people in the fire department the workers can be harmful bullies. This is not the fire departments fault but the workers that are fire fighters tend to be on the conservativeRead More A Study on Gay Parenting Essay1090 Words   |  5 Pagesand lesbian marriage and various other matters that have arisen surrounding the movement towards equality of treatment and integration into society. One of these matters that has garnered attention is gay parenting. With some states n ow allowing same-sex marriage or unions, the next step being taken is starting a family. There has been wide speculation into sexual orientation and whether it has an impact on homosexuals and their abilities to be good parents. Because of this, many people have carriedRead MoreThe Inequality Of Homosexual Individuals Face Essay1871 Words   |  8 Pagestimes is, the inequality that homosexual individuals face. Merriam Webster states homosexual means, of, relating to, or characterized by a tendency to direct sexual desire toward another of the same sex (Webster, 2016 p.1). To society if you speak, look, act different, or love someone who isn’t the same sex as you, it makes you unequal. You as an individuals aren’t allowed to be different and it be okay. In the Social Problems book under interactionist perspective it states, â€Å"In our society, no oneRead MoreOppression of a Sexual Minority in the US1421 Words   |  6 Pageslegal marriage. Because it is illegal to marry someone of the same gender. The United States of America were founded on the belief that everyone is equal and should be free to pursue happiness, yet there is oppression of a sexual minority that needs to end. Although there are many different people with many different reasons opposing same-sex marriage, such as religious or personal beliefs, it should not be illegal to marry someone of the same gender because not all people support it. According to theRead MoreSame Sex Marriage Should Be Legal1358 Words   |  6 Pageslesbians all over the world often experience harassment, bias, fear, hate and more. And, it’s all because they love someone of the same gender.The discrimination doesn’t just occur because of a same-sex couple being seen together. What gets narrow-minded people even more riled up is the thought of a same-sex couple being allowed to get married. According to Merriam-Webster’s Dictionary, same-sex marriage is the state of being married to a person of the same sex or gender in a relationship like that ofRead MoreThe Right to Marriage for the Gays Essay532 Words   |  3 Pagesof Rights, Amendment XIV) goes along with discrimination is against the law. Allowing gay marriage ensures the people of the United States that every citizen has equal rights. It also ensures those who are coming to America that they will have the same rights as every citizen who is already here no matter the ir race, origin, values, beliefs, and religion. It says that America follows and sticks to their word. Allowing gay marriage will not only ensure equal rights, but it will also help those thousandsRead MoreShould Same Sex Marriage Be Legalized?945 Words   |  4 PagesEveryday there are new changes that are happening in our country which will affect today’s society. Over the years same sex marriage became a massive confrontation among the world. There were sixteen states that ban same-sex marriage some by constitutional amendment, some by law, and the majority by both. Majority of the people absolutely did not want this awful law passed in America. Everybody know the right thing to do and this was not an appropriate law to be passed. â€Å"The Catholic Church, United

Saturday, December 14, 2019

intellectual property rights uk Free Essays

Intellectual Property Dissertation Guide on Trade Marks and Domain Names Under the Dilution Perspective The following guide could be used by a PhD or Master Level Law student looking to write a dissertation or thesis on intellectual property, particularly trade marks and domain names under the dilution perspective. The guide has been written by a our site writer and is a detailed overview of how the work should be structured. 1. We will write a custom essay sample on intellectual property rights uk or any similar topic only for you Order Now 0 My understanding of the topic The â€Å"dilution† perspective, as you rightly point out, is a concept which has been neglected and particularly so in the UK where, in comparison with the USA at least where the first dilution statute was enacted in Massachusetts in 1947, this concept has only recently found its way into the Trade Mark Act 1994[1] and then only by the confined path of implementing the trade mark directive[2]. The Trade Mark Act 1994 is now, by all accounts, dated and it is obvious that it is not sufficient to provide the kind of advanced protection which the USA offers. The tort of passing off has been traditionally used for dilution procedures and this is clearly inadequate, leading to, in the words of Colston Middleton, â€Å"strained interpretation designed to accommodate remedies for domain name disputes†[3]. Any discussion of the dilution perspective must begin naturally with Frank Schechter’s arguments from 1927 who wanted a greater scope of protection for trade marks[4] . Schechter pointed out: â€Å"†¦the real injury in all such cases†¦is the gradual whittling away or dispersion of the identity and hold upon the public mind of the mark or name by its use upon non-competing goods. The more distinctive or unique the mark, the deeper its impress upon the public consciousness, and the greater its need for its protection against vitiation or dissociation from the particular product in connection with which it has been used†.[5] Schechter’s views are acknowledged as a talisman for those who advocate greater expansion and protection for trade marks and are the theoretical base of the dilution perspective. Consequently his views must be the theoretical underpinning for this PHD study – you are arguing though for an extension of the protection past that which currently prevails. The hypothesis which I would propose is that the current response to domain names is woefully inadequate: there either needs to be a new trademark and domain names Act complete with duties, rights and remedies or a dispute resolution process in theUKto catch up with the rapidly changing world of technology and domain names. The ECJ considered dilution for the first time very recently but disappointed those who advocated a move beyond even dilution: â€Å"Some have gone further to argue that such protection should be not just against a dilution of the distinctiveness of such a mark, but also against any appropriation of the mark’s value by a third party, even if it does not damage the mark itself. From this point of view, the ECJ judgement in Intel will be disappointing† [6] Thus with a theoretical underpinning and a hypothesis established what are the problems with the current national and international setup and what causes the conflict between domain names and trade mark lawFirstly the demand for domain names exceeds the supply and this will inevitably cause friction between those who want to muscle in on established territory. Secondly trade marks confer only national, or at most, regional, protection while a domain name has global application. Thirdly the registration system does not confer a trade mark as such immediately and the rules for registration of a domain name are a matter of contract between the applicant and the registry. It should also be noted that registries do not undertake trade mark searches which increase the likelihood of abuse and conflict[7]. The problems with the systems are also well documented and it has, for example, been argued that the UDRP is too biased in favour of trade mark owners as well as allegations of the stiflin g of freedom of expression[8]. The next part will deal with the proposed structure of the PHD based on the observations above and also the aims and objectives which were set out originally. The final part will be some comments upon the research and recommendations I propose. 2.0 Proposed structure of the PHD Declaration Title page Abstract Acknowledgments Table of contents Table of Cases Table of Statutes Abbreviations Chapter 1: Introduction Chapter 2: The background of Trademark protection in the UK I. The Trademark Act 1994 II. The tort of passing off III. The European Dimension IV. The European Court of Justice in 2008 V. The Confusion basis of protection VI. Dilution and the economic value of trade marks VII. Hypothesis of the PHD Chapter 3: Theoretical underpinnings of the study I. Schechter and the increased protection thesis II.The theories of less protection III. Do trade mark owners dilute their own marksS.Stadler Chapter 4: The concept of dilution I. The Conditions for protection II.Similarity of Mark and Sign III.Reputation IV. Similar products V.Unfair Advantage Chapter 5: Domain names and the unique challenge to trade marks I.What is a domain name II. Domain Names and search engines, cybersquatting and ‘typo-squatters’ III.Reverse domain name hijacking IV.The role of technology: web 2.0, 3.0 and 4.0 V. New frontiers: metatags, pop-ups and banner ads VI.Does the Trade Mark Act 1994 afford sufficient protection against domain names VII. Nominet’s dispute resolution procedure VIII.Conclusion on chapter 4 Chapter 6: Case studies on the concept of dilution and domain names I.Premier Brands UK Ltd v Typhoon Europe Ltd (2000) II. Adidas-Salomon AG v Adidas Benelux (2003) III.L’Oreal SA v Bellure NV [2007] (Civ Div)) IV.One in a Million (1999) Chapter 7: Flaws with the current system at a national and international level I.The national level II. The international environment: ICANN III.WIPO IV.The UDRP system V. The American system VI.Benelux Law VII. Other Jurisdictions Chapter 8: The approach in other jurisdictions I.Germany II. France III.Canada IV.USA V. Conclusions of the approach in other jurisdictions Chapter 9: Secondary research I.Empirical analysis of the economic value of domain names II.Case Law from 2000-2011 III. Case study of Google IV. Trends in WIPO decisions 2000 – 2011 V.Conclusions on secondary research Chapter 10: Recommendations for systems and remedies I.A single dispute resolution procedure II. The UK Trademark and Domains Names Act 2015 III.The UN global domain name convention IV.Remoulding the domain name system V. Additional remedies to help the protection of trade marks VI.Adopting approaches from USA, Germany and Canada Chapter 11: Conclusions Bibliography Appendix A Appendix B Appendix C 3.0 Additional Comments It is of course vital to note that this structure above is only a draft one and subject to changes. As you will note having a look at the proposed structure there are a few things which I have included which deserve to be commented upon. Firstly the research section: for a dissertation I wrote on the WTO I did something very similar where simple research is conducted, empirically, on all Dispute resolution cases involving African countries within a certain period. My idea is to conduct research on all WIPO panel cases involving UKbrands from the period 2000 – 2011 to attempt to identify any trends or patterns[9]. This would, in my opinion, make the study even more original which is only a good thing. My other idea was to attempt to put some kind of economic value upon certain trade marks: can this be quantified in some mannerIt would be a highly sophisticated study which is able to, say, put an economic value on brands such as google.co.uk or apple.com. Related to this I thought about a case study on google.co.uk and to attempt to contemplate their business from the perspective of the IP lawyer: how much is their trade mark worthAre they victims of cyber squattingHow many cases have they been involved in at the international and national arbitration? Finally my recommendations are based both upon systems and remedies. Perhaps as the centrepiece of this study an Act can be created from scratch (!!) which I have tentatively called the UK Trademark and Domain Names Act 2015[10]. The full â€Å"Act† could be recreated in an appendix and could be an attempt by the author to advocate a solution which is tangible and bold. A complete abolition of the Trade Mark Act 1994 is what I would actually propose – and in a PHD fortune favours the brave. [1] Directive 89/104 on trade marks art.4 [2] Colson, Catherine Middleton, Kirsty (2005 2nd ed) Modern Intellectual Property Law Cavendish: London [3] Colson, Catherine Middleton, Kirsty (2005 2nd ed) Modern Intellectual Property Law Cavendish: London p.421 [4] Schechter, Frank (1927) ‘The Rational Basis of Trade Mark Protection’ Harvard Law Review 40 p.813 [5] Quoted in Bently, Lionel Sherman, Brad (2009 3rd) Intellectual Property Law Oxford Uni Press: worldwide p.715 [6] Davis, Jennifer (2009) ‘The European Court of Justice Considers Trade Mark Dilution’ Cambridge Law Journal 68(2) pp290-292 [7] Colson, Catherine Middleton, Kirsty (2005 2nd ed) Modern Intellectual Property Law Cavendish: London p.421 [8] Schiavetta, S and Komaitis, K (2003) ‘ICANN’s Role in Controlling Information on the Internet International Review of Law Computers Technology 17(3) [9] http://arbiter.wipo.int/domains/search/overview/index.html [10] So called to allow it’s undoubtedly tortuous passage through White Papers, Green Papers and then both Houses of Parliament! How to cite intellectual property rights uk, Essay examples

Friday, December 6, 2019

According to A Nation at Risk, the American educ Essay Example For Students

According to A Nation at Risk, the American educ Essay According to A Nation at Risk, the American education system has declined due to a rising tide of mediocrity in our schools. States such as New York have responded to thefindings and recommendations of the report by implementing such strategies as theRegents Action Plan and the New Compact for Learning. In the early 1980s, President Regan ordered a national commission to study oureducation system. The findings of this commission were that, compared with otherindustrialized nations, our education system is grossly inadequate in meeting thestandards of education that many other countries have developed. At one time, Americawas the world leader in technology, service, and industry, but overconfidence based ona historical belief in our superiority has caused our nation to fall behind the rapidlygrowing competitive market in the world with regard to education. The report in somerespects is an unfair comparison of our education system, which does not have anational standard for goals, curriculum, or regulations, with other countries that do, butthe findings nevertheless reflect the need for change. Our education system at this timeis regulated by states which implement their own curriculum, set their own goals andhave their own requirements for teacher preparation. Combined with this is t he fact thatwe have lowered our expectations in these areas, thus we are not providing an equal orquality education to all students across the country. The commission findings generatedrecommendations to improve the content of education and raise the standards ofstudent achievement, particularly in testing, increase the time spent on education andprovide incentives to encourage more individuals to enter the field of education as wellas improving teacher preparation. N.Y. State responded to these recommendations by first implementing the RegentsAction Plan; an eight year plan designed to raise the standards of education. This planchanged the requirements for graduation by raising the number of credits needed forgraduation, raising the number of required core curriculum classes such as socialstudies, and introduced technology and computer science. The plan also introduced theRegents Minimum Competency Tests, which requires a student to pass tests in fivemajor categories; math, science, reading, writing, and two areas of social studies. Although the plan achieved many of its goals in raising standards of education in N.Y. State, the general consensus is that we need to continue to improve our educationsystem rather than being satisfied with the achievements we have made thus far. Therefore, N.Y. adopted The New Compact for Learning. This plan is based on theprinciples that all children can learn. The focus of education should be on results andteachers should aim for mastery, not minimum competency. Education should beprovided for all children and authority with accountability should be given to educatorsand success should be rewarded with necessary changes being made to reduce failures. This plan calls for curriculum to be devised in order to meet the needs of students sothat they will be fully functional in society upon graduation, rather than just being able tograduate. Districts within the state have been given the authority to devise their owncurriculum, but are held accountable by the state so that each district meets the statesgoals that have been established. Teachers are encouraged to challenge students toreach their full potential, rather than minimum competency. In this regard, tracking ofstudents is being eliminated so that all students will be challenged, rather than just thosewho are gifted. Similarly, success should be rewarded with recognition and incentives tofurther encourage progress for districts, teachers and students while others who are notas accomplished are provided remedial training or resources in order to help themachieve success. It is difficult to determine whether our country on the whole has responded to theconcerns that A Nation at Risk presented. Clearly though, N.Y. State has takenmeasures over the last ten years to improve its own education system. In many respectsthe state has accomplished much of what it set out to do, but the need to continue toimprove is still present. Certainly, if America is determined to regain its superiority in theworld, education, the foundation of our future, needs to be priority number one. Teachers often develop academic expectations of students based on characteristicsthat are unrelated to academic progress. These expectations can affect the wayeducators present themselves toward the student, causing an alteration in the way ourstudents learn, and thus causing an overall degeneration in the potential growth of thestudent. Christopher Columbus1 EssayViolence, both in society and in the school system has also been identified as aserious problem. The influx of weapons in schools creates a dangerous situation forteachers, administrators and other students. One remedy for this problem has beenintroduced in many public city schools; the use of metal detectors. While this method isnot foolproof it does send the message that violence will not be tolerated in schools andthat severe measures will be implemented in order to curb it. Educators are also beingtrained to identify those students who may be violent and to provide non-violent crisisintervention. It is an undeniable fact that our society has a serious problem concerningviolence and that the violence on the streets is certainly connected to the violence in theschools. It seems questionable that even these measures will significantly reduce theproblem in schools, but certainly the process of teaching can continue in a less stressfulatmosphere by having these measures in place. Unfortunately, there are other problems such as the changing family structurethat do not have such clear cut solutions. Some of the problems that teachers are facedwith concerning the family include poverty, single parent homes, abuse and/or neglectand homelessness. Statistics state that 41% of single, female headed households live below thepoverty level and that students who live in single parent homes score lower onachievement tests, particularly boys whose mothers are the head of the household. Obviously, single parent families are a fact in our society today, given the rising rate ofdivorce and single women having children, and it is true that this change is having asevere effect on students today, but this should not effect the quality of education that isprovided, but rather, encourage educators to be more aware of the difficulties thesestudents face in order to adapt their teaching style, as well as the curriculum to reachthese students. Similarly, child abuse and/or neglect has become a major issue in society andschools. It is not clear whether there is a rise in the occurrences of abuse or whetherbetter awareness has increased the statistics, but it cannot be argued that this asignificant problem and one that effects those educators who have to help students whoare either abused or neglected. Strict regulations concerning the accountability ofteachers regarding the reporting of child abuse or neglect are in effect. Teachers arerequired to be trained on the ability to identify abuse. Community agencies, shelters andchild welfare agencies have begun working in conjunction with schools in order to dealwith the problem with as little disruption in the students education as possible. Homelessness is another major problem in our society. The rate of homelesspeople has grown significantly since the early 1980s deinstitutionalization movementand more recently due to the rising unemployment rate have led to more families andchildren being homeless than ever before. This social problem has become a significantproblem for educators. Low achievement, which may be in part due to low attendanceas a result of a transient lifestyle, physical problems associated with living on the streetsand child abuse are all issues that educators are confronted with when working withstudents who are homeless. Unfortunately, because of the lack of government funds,this problem continues to grow in America. On the other hand, schools have begun todeal with this problem by hiring additional counselors, some who work specifically tocoordinate service with shelters in order provide assistance to these families and moreprecisely to the children. This effort clearly demonstrates that educators a re genuinelyconcerned about providing education to all children. Clearly our schools and society face the same problems. It has becomenecessary for all people, not just educators, to be more aware of the problems. Althoughsome intervention programs have been implemented and in some cases are verysuccessful, it is becoming more apparent that these problems are going to continue andwill have a direct consequence on our future in this country. Unfortunately, we as asociety tend to look for the quick fix to our problems without realizing theconsequences for the future. Our society need to understand that the schools are notresponsible for the cause of these problems or the solutions, but rather, all aspects ofsociety, including schools, are intertwined and need to collectively work together if weare ever to make progress toward resolving these problems in the long run.