Intellectual Property (IP) refers to a unique type of creation of the mind for which a number of exclusive rights is recognis

Technology Management

Name

Professor

Institution

Course

Date

Technology Management

Question 1

Intellectual Property (IP) refers to a unique type of creation of the mind for which a number of exclusive rights is recognised under a number of corresponding laws. Within the intellectual property law, the owners’ posses exclusive rights to many kinds of intangible assets which may include artistic works, discoveries, inventions, symbols, and designs. In many jurisdictions, the common types of intellectual property rights are copyrights, industrial design rights, patents, and trade secrets (Haynes, 1995).

Gomulkiewicz, (2010) argues that intellectual property disputes may involve intellectual property like copyrights, patents, and technical innovations that many businesses need to adequately protect. Such disputes may include securing software licenses; negotiation, enforcement, and defence of confidentiality and non complete agreements; and drafting and the negotiation of software development and marketing contracts.

This particular case involving Tonica Car Manufacturing and Systems Inc is an intellectual property dispute concerning royalty claim in negotiation of software development, non complete agreements, and marketing contracts (Torrance, &, Tomlinson, 2011).

Question 2

According to Gomulkiewicz, (2010) valuation of technology is often subjective, though it may reflect its historical cost as adjusted by depreciation, and the value directly related to its expected profitability. Since technology is an intangible asset, the valuation criteria should establish parameters within the financial arrangement could be negotiated, not including only amounts, but also how the payments are to be made. The income approach is most appropriate in determining the respective shares the parties should each have of the benefits then find a royalty formula, as a rule of the thumb; the 25% rule should be applied. Assuming the income accrued by Tonica will be $6 million annually, and then the royalties that System Inc will receive is $1.5 million yearly.

Question 3

If Tonica loses the case,

The alternatives available for them may arise from the fact that the agreement was done through a verbal approval (lack of formal contract) and not a legitimate Intellectual Property Licensing. These illustrations show all the components of licensing agreements that were not all taken care of by System Inc.

Figure SEQ Figure * ARABIC 1: conceptual framework

The alternatives available to Tonica are: Auditing Licensing Agreements does not give Tonica all the terms of compliance with the royalty claims for current or future business plans. Royalty or other costs associated with the non existing license were not communicated to Tonica in advance. Estimated legal duration and period of technological usefulness of the system is very ambiguous, and therefore, Tonica has no legal obligation to be tied to these royalty claims. Therefore they can seek legal redress, acquire the system from another company, or just continue with System Inc.

They should not continue with System Inc, because System Inc. Do not seem sincere in their business dealings. In the initial verbal agreement, the clause on the royalties was not part of the costs, but later fixed by System Inc.

The fixed cost contract would be most appropriate to Tonica, considering the cost of the system, future business performance, and the ever changing technological advancements. These royalty payments will continue eating into their profits and add operation cost in their business. Tonica should severe their relationship with System Inc, and look for another system supplier who is in cognisant with their business goals and objectives.

Question 4

If the matter goes to court, Tonica should win the case, System Inc could not safeguard their intellectual property right by entering into a verbal contract. It is the responsibility of organisations to ensure that the software they build and sell is is done within a responsible policy framework for the use of their software and protection of their intellectual property. Withdrawal from negotiation is not the same as failure (Gomulkiewicz, 2010).

References

Gomulkiewicz R, (2010). Enforcement of Open Source Software Licenses: The MDY Trio’s Inconvenient Complications. Yale J. Law & Tech. 106

Torrance, W. &, Tomlinson, (2011). Property Rules, Liability Rules, and Patents: One Experimental View of the Cathedral. Yale J. Law & Tech. 138

Jack M. Haynes (1995). Computer Software: Intellectual Property Protection in the United States and Japan. Byline: Issue: VOL. XIII. NO. 2

50 minute lesson plan to teach modal verbs

50 minute lesson plan to teach modal verbs

Lesson Plan

Date: 4th January, 2014 Level: Intermediate

Activity: Teaching of Model verb: The students will practice the use of modals through singing and games.

Skills: Speaking, Listening and writing.

Outcome expected: throughout the entire learning lessons, the students ought to identify diverse modal verbs and the meaning that each of the verb convey: such as ability, suggestion, obligation and necessity. The students are also expected to also construct grammatically correct sentences that contain modals in the correct context. While the lesson still continues, the teacher will also expect the students to rehearse the use of the modal verbs through singing a song mashed up with modals verbs (Skocik & Weston, 2002 p. 67). The modals verbs will entail in the construction of the lyrical part of the song hence making it possible for the students to practice and convey the meaning of the verbs. Eventually, the teacher will also require the students to play some of the ESL games that will further promote the understanding of the modals verbs.

Resources needed for the lesson: The dictionary, board, marker, computers, data show, worksheets and speakers.

Introduction :

Greetings.

Intro-Warm up

“Using Modal verbs: an interactive presentation”

While-Stage:

“The modal verb song”

Post Stage:

“Review on Modals Verbs” Time

10Mins

15Mins

15Mins

10Mins Comments:

In the introduction, the teacher will greet students, call out the roll call and inform the students that the lessons will entail of modal verbs.

The teacher will give examples of related modal verbs: Can, Can’t, Should, Shouldn’t, Might, Have to and Must (Gerngross, Puchta & Thornbury, 2007 p. 81)

The teacher will then offer a brief description of the three stages of the lesson.

The introduction:

In the introduction, the teacher will present a power point that will reveal modal verbs to the students.

While stage: The teacher will expect the students to sing along the modal verbs songs.

Post stage: The teacher will present the ESL games on modals verbs and expect students to take part in the games.

The teacher will present power point slides containing modal verbs. In the presentation, the explanation of the usage of the modal such as; Must Can Cannot, Must not, May not and May (Skocik & Weston, 2002 p. 78). The power point will also contain a brief description of the modal verbs. The meaning of each of the modal verbs will also entail of the main parts of the slides. Through the use of the L2 audio samples, the teacher will also give the correct pronunciation and usage of the modal verbs. (The teacher will require the students to pay attention to the audio samples).

After the presentation and necessary explanations, for purpose of ensuring that students have understood, the teacher will require the students to complete 5 fill in exercises Must (Gerngross, Puchta & Thornbury, 2007 p. 81).

After completing the first activity, the teacher will ask the students to attentively watch a musical video. The music video will entail of musical video where diverse songs will be mashed up and lyrics contains of modal verbs (Capel & Sharp, 2013 p.44). An example of such a song entails; http://www.youtube.com/watch?v=3KcSEnVnQ98

The teacher will later explain the usage concerning most of the modal verbs and how they work in sentences. For instance: May, May it be?, might, can, can’t, mustn’t and should Must (Gerngross, Puchta & Thornbury, 2007 p. 112).

In order to ensure that all the students understand, the teacher needs to play the video twice or thrice hence ensuring that all students comprehensively understand. The teacher also needs to show videos that contain written L2 inputs hence make it possible for the students to relate the modal verbs in the lyrics with the written information (Skocik & Weston, 2002 p. 95). At this level, the teacher becomes capable of asking and clarifying doubts concerning vocabulary and idiomatic expressions that the students might face difficult in understanding.

(In all the situation, the teacher needs to notice to mood of the students; audience in the classroom environment. One of the greatest drawbacks of applying games and songs for purposes of teaching is the fact that the songs occasionally saturate the minds of the students (Capel & Sharp, 2013 p.71). In this case, it becomes easily for the students to get distracted from the actual class hence pay less attention).

In an effort to ensure that the students understand the modal verbs appropriately, the teacher will introduce the third stage that involves asking the students to play three online games obtained from

http://www.kidssesigames.com/

During the playing of the games, the students ought to rehearse the use of the modal verbs taught during the classroom lesson such as: Can, Can’t, Must, Must not, May and might (Capel & Sharp, 2013 p.148). The teacher ought to provide enough information concerning the way students needs to play the games. The teacher also needs to engage in playing the games hence ensuring that the students learn to obtain the correct vocabulary and checking of the scores.

BibliographyCapel, A., & Sharp, W. (2013). Objective proficiency. Cambridge, Cambridge University Press.

Gerngross, G., Puchta, H., & Thornbury, S. (2007). Teaching grammar creatively. Cambridge, Cambridge University Press.

Skocik, C., & J. Weston Walch (2002). English lesson plans for substitute teachers. Portland, Me: J.W. Walch.

597 Reflection Week 10-12

Week 10

I agree that issues revolving around data, including analysis, collection, interpretation, and their functions in decision making have evolved significantly over the last few years. For example, Bayer and Tailard (2013) found that the concept of story-driven data analysis is changing how organizations today are not just collecting information but also how they disseminate the same to the target markets. In this week, I found that there is need to consider the purpose of an analysis and the audience because these factors will determine the approaches used and their interpretation. Stories also enable the proper construction of hypothesis by using available data and analyses. Even in the description of the different data types, it is important to retain the quality of information that will facilitate story telling.

References

Bayer, J., & Taillard, M. (2013). Story-driven data analysis. Harvard Business Review. Available at: www.sas.com/content/dam/SAS/en_us/doc/whitepaper2/hbr-from-data-to-action-107218.pdf

Week 11

In this week, I got the perception that a majority of writers dismiss descriptive analytics as an unreliable approach and tend to favor the more quantitative strategies in the analysis of data. I do not agree with the presentation of descriptive analytics as a weak form of data analysis. In fact, I find it as one of the most important approaches to help in improving decision-making. For example, descriptive data are used where qualitative formats are necessary to gather insightful information. Descriptive analytics answers the question of what happened (Bekker, 2019). This means that it is actually a superior form of analyzing data and ensuring that it meets the criteria required. Organizations are still focusing on understanding the basics of what has already happened before they can fully venture into implementing change.

References

Bekker, A. (May 14, 2019). 4 Types of Data Analytics to Improve Decision-Making. ScienceSoft. Available at https://www.scnsoft.com/blog/4-types-of-data-analytics

Week 12

I concur with the idea that in a data driven world, it is important to have the skill and tools to know where a narrative is not adding up. Here, factfulness emerges as an important element. For example, organizations today must have the tools, skills, and capability to not only collect large amunts of data but also interpret it and discern for what is quality and trustworthy before using it as a basis for decisions. Anscombe (1973) recommends the use of graphs as essential statistical analysis tools. Graphs allow exact calculations that is important for creating and testing hypothesis. Overall, such data are then used to facilitate decision making.

References

Anscombe, F. J. (1973). Graphs in statistical analysis. The american statistician, 27(1), 17-21.

Intellectual Property Rights- When an Employee Leaves

Intellectual Property Rights- When an Employee Leaves

Insert Name

CCJS 321

Insert Date

 

 

 

 

 

 

 

1.Can you (or Mr. Yourprop’s supervisor) search Yourprop’s personal vehicle currently parked in the Company parking lot for digital evidence? Support your answer.

In the world today, all efforts are being driven towards the upholding of intellectual property rights. The fact that the current world is driven by cut-throat competitiveness, it is only logical that companies would do all in their powers to protect and uphold their secrets. Merges (2010), in the article journal, “Contracting into Liability rules: Intellectual property rights and collective rights organizations,” asserts that, precisely, competitive advantages can be gained if the competing company employees a former employee from the different company. Upholding and maintaining trade secrets are essential in today’s business world; therefore, it is regarded as a very prudent tool in the fight for intellectual property rights (Merges, 2010). For example, it is through the upholding of such vital trade secrets that the Coca-Cola Company still enjoys success in the economic market for its formula used in the manufacture is a well-guarded secret.

In light of this, Mr. Yourprop has departed from the company. Evidently, it was the duty of Mr. Yourprop to uphold loyalty while employed. Therefore, in the absence of a non-competitive agreement, Mr. Yourprop is free to go into competition with the former employer based on his skills and competences. Mr. Yourprop being an American citizen means that he too is covered by the constitution. Clearly, searching Mr. Yourprop’s vehicle would be a violation of his rights and freedoms according to the Fourth Amendment. According to the Fourth Amendment, the right to privacy is to be maintained to the latter. Mr. Yourprop’s vehicle is his property, and he is afforded the right to privacy. Any act to search Mr. Yourprop’s car without a proper legal notice is a crime. Any valuable information that may be gained from the illegal car search would never be admissible in a Court of Law in the Supreme Land.2. If evidence of this theft of intellectual property can be found, Makestuff Company may seek to pursue criminal prosecution. Can Mr. Yourprop’s supervisor direct local police investigators to search his personal vehicle that is parked on the Company parking lot? Support your answer

The USA is a nation that was founded by our forefathers through the rule of law and order. All and sundry respected the law and upheld the law. Individuals know and understand their roles and duties. In as much as Mr. Yourprop is deemed and suspected to have been involved in the theft of intellectual property rights, it would be incorrect for Mr. Yourprop’s supervisor to instruct an arrest. It would be the wrong cause of action for Mr. Yourprop has not been convicted or found guilty by the court of Law. The Court of Law in the Freeland has the mandate of giving judgments based on the evidence provided. Evidence needs to be gathered in a legal, systematic manner that obeys all legal proceedings. If need be, the court of law is then to issue an arrest or search warrant for the accused persons. The right step would be simply during the exit interview; Mr. Yourprop should have been reminded of the legal obligations and policies of the company in the case that they signed any company policies (Danzig, 2012). If there is any perceived thought that Mr. Yourprop has indeed engaged in theft of the source code, it would be right to preserve the computer forensically and only retrieve it through the legal means and processes. Therefore, it would be wrong and irrational for Mr. Yourprop’s supervisor to instruct the police to search his vehicle for it is only a court of law through a judge that can issue a search warrant.

3. Can (or Mr. Yourprop’s supervisor) search Yourprop’s assigned locker in the Company’s on-site gym for digital evidence? Support your answer.

According to Beazley and Boenisch (2011) in their book, “Continuity Management: Preserving corporate knowledge and productivity when employees leave,” evidence collection in any legal proceeding needs to be lawful and observes all legal channels having being adhered. Collection of information or evidence using underhand methods such as “sneak-and-peek” would never be allowed in a court of law (Beazley & Boenisch, 2011). The credibility of the evidence collected through such methods such as searching Mr. Yourprop’s locker is wrong under the Fourth Amendment Act that protects properties of American citizens from unauthorized searches. All seizures and searches ought to have a search warrant and should be with a probable cause that the victim may be guilty of the crime. Therefore, searching Mr. Yourprop’s locker would be unlawful and illegal.

4. Can (or Mr. Yourprop’s supervisor) use a master key to search Yourprop’s locked desk after he has left the premises for digital evidence? Support your answer.

Amar (2012) in the journal “Fourth Amendment First Principles,” alludes to the fact that using a master key to open Mr. Yourprop’s locked desk is an infringement of the rights and freedoms enshrined in the American Constitution. In fact, such actions amount to a crime and Mr. Yourprop can sue or report such an infringement on the right to privacy to a court of law and the supervisor can be charged. Even if significant and crucial evidence is obtained from the illegal desk opening act, such evidence does not hold water in court since it was collected unlawfully (Amar, 2012). The constitution law ought not to be broken so as to give justice to a different crime. Thus, it would be a punishable action against the law if the supervisor does open the locker with a master key.5. There is a page in the Company’s “Employee Handbook” that states that anything brought onto the Company’s property, including the employees themselves, is subject to random search for items belonging to the Company. There is a space for the employee to acknowledge receipt of this notice. Mr. Yourprop has a copy of the handbook but never signed the page. Does that matter? Explain.

The law seems to encourage a policy of competition among corporate organizations. Hence, no formal legal restrictions have been placed on employees in the case that they leave the company. However, it is up to the company to formulate policies and strategies to protect themselves and their intellectual properties. The “Employee Handbook” was such a move by the company to protect against the undue competition so as to uphold their trade secrets (Danzig, 2012). The fact that Mr. Yourprop did not sign that part of the Company’s “Employee Handbook” means that he is free from any searches. The action of signing the “Employee Handbook” means that the employees commit themselves and agree to their right to privacy to be infringed. However, Mr. Yourprop did not commit or agree to this infringement of the right to privacy for he did not sign the agreement. Therefore, it is a matter that should be looked at with deep concern. Any acts of random searches and seizures on Mr. Yourprop’s property can result in legal implications for the company for Mr. Yourprop6. Makestuff Company uses a security checkpoint at the entrance to the building. A sign adjacent to the checkpoint states that the purpose of the inspection is for security staff to check for weapons or other materials that may be detrimental to the working environment or employee safety. Screening is casual and usually consists of verification of an employee’s Company ID card. Can security staff at this checkpoint be directed to open Mr. Yourprop’s briefcase and seize any potential digital evidence? Support your answer.

The Security checkpoint should not be for the purposes of obtaining any digital evidence. Any attempts by the security checker to seize Mr. Yourprop’s briefcase would be unconstitutional and a violation of the fourth amendment. The fourth amendment offered protection against any illegal seizures of property without any probable cause. The fact that Mr. Yourprop will be forced to open his briefcase while the security check is a casual one means that Mr. Yourprop is being discriminated (Merges, 2010). This would be a violation of the rights and freedoms as per the Fourth Amendment. Therefore, the security scanner should not be used as an excuse to open Mr. Yourprop’s briefcase for such attempts would be illegal. Any potential of digital evidence should be collected in a constitutional manner so that it may be admissible in a court of law (Amar, 2012).

 

 

References

Amar, A. R. (2012, April 1). Fourth Amendment First Principles. Harvard Law Review, pp. 757-819.

Beazley, H., & Boenisch, J. (2011). Continuity management: preserving corporate knowledge and productivity when employees leave (3rd ed.). New Jersey: John Wiley & Sons.

Danzig, M. (2012, June 14). Protecting your Business- When Company employees leave and Compete. Retrieved April 1, 2015, from Corporate Compliance Insights: http://www.corporatecomplianceinsights.com/protecting-your-business-when-company-employees-leave-and-compete/

Merges, R. (2010). Contracting into liability rules: Intellectual property rights and collective rights organizations. California Law Review, 14(4), 1293-1393.

Intercultural Communication

Intercultural Communication

Name

Institution

Intercultural Communication

This paper is a critical response on the article about intercultural communication. According to the article, it is paramount for individuals to learn how to communicate with people from diverse racial, cultural, ethnic, regional, gender, age and social backgrounds. At the same time, it is important to understand oneself and use one’s identities when interacting with others, particularly in a new environment. In doing this, they should learn, understand and appreciate their differences. As a result, they will fit, adapt and establish good interpersonal communications despite their differences.

I agree with the assertion that the best way to develop a perfect interpersonal communication in diverse cultures is through the correct use of language. It is one of the ways of showing people’s identities. Hence, in order to fit and adapt, it is essential to learn the correct use of language (Gudykunst & Kim, 2003). In other words, one must know the correct use of that language’s pragmatics, grammar and non verbal signs. Then, he will apply them appropriately without offending anyone. For instance, the incorrect use of gestures can offend others. Therefore, the basic aspects of spacing, proximity and touch must be clearly understood.

Besides, I strongly support this article for emphasizing the role of dynamism in intercultural communication. The understanding of the fact that humans are naturally diverse creatures can help to develop a good rapport in the society. For example, if people relocate to a new place, they should not use their culture and language as a tool of criticism. Instead, they need to use them as a baseline of conformity (Gudykunst & Kim, 2003).

In conclusion, I would like to emphasize that the role of communication in the society is greatly significant. The only way through which we can stay together is by tolerance. We must accept and appreciate differences by showing respect to all the people. This will help us to fit in any society.

Reference

Gudykunst, W. & Kim, Y. Y. (2003). Communicating with strangers: An approach to

intercultural communication, 4th ed. New York: McGraw Hill.

13TH Documentary review.

NAME:

DATE:

UNIVERSITY:

PROFESSOR:

13TH Documentary review.

The film ’13TH,’ directed by Ava DuVernay and about the American prison system and how it leads to racial injustice, was excellent. The film begins with a look at how African Americans have been enslaved and mistreated throughout their history. The 13th amendment, which abolished slavery and freed all African Americans, was ratified after the Civil War ended in 1865. Whites, on the other hand, discovered a loophole in the dependent, which stated that “no slavery or voluntary servitude is allowed except as a criminal punishment.” It was an ideal opportunity for whites to ‘legally enslave’ African Americans to revive the southern economy, devastated by the civil war. The police prosecuted Black men for minor offenses such as loitering. This was the catalyst for the first wave of imprisonment. When Ronald Reagan took office in 1982, he gave the impression that drugs were to blame for the country’s economic problems and that blacks were to blame. When the “War on Drugs” became too literal, African Americans were imprisoned for small amounts of marijuana and other drugs, and a large number of US civilians were also imprisoned. After Paula Klaas was introduced and killed later in the decade, California’s ‘Three Strikes Out’ rule was enacted. The law states that if a person commits a third violent crime, he or she will be imprisoned for the remainder of his or her life or a shorter period. Four thousand two hundred misdemeanor prisoners had to be released to fulfill the Three Strikes detainees. Many citizens in prison at the time were required to serve mandatory minimum sentences. The bulk of prosecutors’ offices have been handed over to White people, and civil lawsuits have been dropped (ninety-five percent).

This implies that judges no longer weigh the essence of the crime when deciding on a penalty instead of imposing a predetermined punishment. The racial system is explored in greater detail later in the film. At the age of 21, Fred Hampton was a strong leader who brought together blacks, whites, Hispanics, and others to fight for justice. According to Whites, Hampton had no choice but to resign because he had done so much good. Hampton’s house was raided at 4:30 a.m., and he was shot while lying in bed next to his pregnant wife. Anglea is a fictitious character created by Anglea, whose formal name is Angela. Another powerful African-American woman was Yvonne Davis. Davis was born on January 26, 1994, in Birmingham, Alabama. According to the government, she was one of the “Ten Most Wanted Fugitives.” Angela Davis was charged with abduction, murder, and robbery without a warrant. She was arrested, but she was saved and able to escape to Cuba thanks to the aid of her many relatives (including white allies). The President wanted to put her to trial at the time, but Angela fought back and destroyed the case, resulting in a free woman walking out of the courtrooms! ALEC, or the American Legislative Exchange Council, was created in September 1973. ALEC is a group of lawmakers and business executives that plays an important role in the US legislative process. ALEC has given financing to corporations such as Walmart and other profitable businesses for more than four decades. George Zimmerman shot and killed Trayvon Martin in 2016. Zimmerman was found guilty, but a Florida statute that allows people to “conduct and use self-defense if they feel threatened” allowed him to be found not guilty. Following the heinous shooting, ALEC enacted the “stand your ground” rule, and Walmart and other corporations withdrew from the organization.

Arms sales, on the other hand, rose as more people began to purchase weapons for self-defense. Walmart has reaped the most benefits from weapons sales since it is the largest producer of long-arms. ALEC is also deeply involved with our ‘gang detention’ programs, such as probation and speech therapy. The government has developed GPS-enabled bracelets and wristlets to prevent people under house arrest from fleeing too quickly. This is a different type of imprisonment in people’s homes and neighborhoods (mostly African Americans). ALEC continues to back large corporations such as State Farm, Sprint, Verizon, and the tobacco industry. Kalief Browder was an Afro-American born in the Bronx, New York, on May 25, 1993. He and his friends returned home from a party when he was arrested and charged with stealing a camera, $700, a credit card, and an iPod touch backpack. Browder’s family lacked financial capital to post a $10,000 bond, as the government hoped it would. This is the government’s last resort for poor and innocent Americans who are aware they cannot afford bail. As a result, 97% of individuals are never charged with a crime. The government uses threats to force innocent black people to plead guilty or accept the mandatory minimum penalty. Browder was sentenced to three years in prison as part of a plea bargain rather than serving a 30-year term if he went to trial. Kalief turned down the plea bargain and spent time in jail fighting and being attacked by other inmates and police officers. He attempted suicide many times. After nearly three years in prison pending trial, he was acquitted of all charges and released. He hung up the phone two years after his release, at the age of 22.

I assume the prison system is connected to the history of slavery since African Americans were “legally” free after the Civil War but were forced back into slavery due to a loophole in the 13th amendment. Since 1865, the government and the White Community have incarcerated, violently beaten, and discriminated against black people for minor offenses. When police continue to arrest, attack, and kill members of the black community, today’s brutality is a continuation of mass incarceration. Since the white community dislikes the black community, the white community is willing to get away with these crimes. Both Trayvon Martin and George Zimmerman were cleared of their murders. By approving and encouraging this critical activity, I believe the government favors the White community.

Work citedhttps://www.YouTube.com/watch?v=krfcq5pF8u8

13th The Documentary

13th The Documentary

Amyiah Burton

History 232-06

1/22/2020

African Americans have never been absolutely free even after the emancipation. The ratification of the 13th Amendment was a chance for slave owners and supporters to draft a law that had loopholes to keep African Americans in chains, literally and figuratively. It was a clause that shifted the definition of slavery from a ‘legitimate" business to a legal method of punishment for lawbreakers. African Americans are suffering from the legacy of slavery a century almost two centuries after 1867. The institutionalization of slavery and the wide racial and partisan disparities and the position of African Americans in American society has been nothing short of slavery. America boasts of these lofty ideals, but on the other hand, it has subjected Negroes to a second class status with the political elite selecting the nobility of their civic creed at the expense of social arrangements that have been in existence for many years.

The black race in America is subjected to extreme stereotyping, economic inequality, and stigmatization for their way of life and isolated by the society. Their purported criminality has resulted in racial profiling by law enforcement to the extent that black people are arrested, and many of their rights are violated in the process. There have been documented and undocumented cases of black people being physically beaten by the police during arrest and held at police stations beyond the requirements of the law.

The 13th is a documentary by Ava DuVernay, which focuses on the Thirteenth Amendment very significant legislation that resulted in mass incarceration in the United States. Besides covering this epic event in history, the film is gorgeous, reminiscent, and infuriating exploration powers, roots, and permanence. The film showcases the account of those wielded power and those made to kneel by this power, their roots, and their permanence. From history, the economy of the Southern state was decimated. The primary sources of income for the South, slaves, were no longer obliged up and serve as free labor for their fields. There was, however, an exception was made for criminals who, according to the law, were eligible for enlistment as slaves as part of their punishment. In the first restatement of a strategy by the South, hundreds of slaves who had started enjoying their freedom were enslaved again courtesy of trivial mistakes and minor charges. This informed the beginning of Duvernay’s examination of the evolving iterations.

The cycle was such that when one method of subservience-based injustice and terror subsided, another rose in its place. The list used by Duvernay in this documentary included the Jim Crow era, lynching if black people, Nixon’s race for the presidency, Reagans War on Drugs, President Clinton’s three strikes, and the compulsory sentencing rulings and the cash-for-prisoners in effect today. The cash for prisoners is a model that bail and incarceration firms use to generate millions of dollars.

The 13th, however, concentrates a bit more on the cash-for-prisoners model and even portrays the tally of the prisoners to go through the system on-screen. The use of context, in this case, is very important because although history still has significance, it is necessary to create awareness of the situation of black people today. The other does a perfect job to remind the world and black people that they are still not considered nothing more than just that, African Americans. America does not see beyond their color. The use of the 13th Amendment as the thesis for this film is appropriate and creates a path that allows the film director to exhaust the evolution of prejudice against black people over the years.

Bibliography

Harris-Perry, Melissa V. Sister citizen: Shame, stereotypes, and Black women in America. Yale University Press, 2011.

Luxe. "Thirteenth Amendment Documentary." YouTube. Video file. October 16, 2016. https://www.youtube.com/watch?v=1WU608Z2678.

Pope, James Gray. "Mass Incarceration, Convict Leasing, and the Thirteenth Amendment: A Revisionist Account." New York University Law Review 94, no. 6 (2019): 1465-1554.

In this study, I will accentuation on the Quality Management System, why is it imperative



Quality Management

Name

Affiliation

IntroductionQuality is a saying which has been used for quite a while, heaps of books have been composed about it, and large portions of the world researchers have characterized it in a wide range of ways. In this study, I will accentuation on the Quality Management System, why is it imperative? What is it used for? What is the significance of having a Quality Management System? Numerous individuals think performing QMS costs a ton and all the profit is a bit of a paper which say that your organization is confirmed in having QMS so you can just hang this picture or authentication on the divider and tell your keen client that you have it (Kelemen, 2000). Truth be told, no faults on them, they have not used this system yet, they don’t have the foggiest idea about that this system spare a ton and a great deal of cash for organizations. They don’t have the foggiest idea about that this system make an element movement inside the organizations so everybody comprehend what he/she is doing, everyone comprehends his/her part, and everybody can feel being a critical piece of the methodology then everyone can work towards an agreeable and brought together target (Kelemen, 2003). On the other hand, having a considerable measure of profits obliges a sensible expense and in the same time it worth. There are a few association which are concerned and included in this issue, those associations have created a brought together gauges and those norms have its necessities. The International Standardization Organization which placed in Switzerland which have a commitment of 157 nations have created a standard which is worried about the QMS. It is known as ISO 9000 family and the ISO 9001 is the particular case that is worried about the prerequisite of the QMS. Obviously, that makes the requirements for comprehension these benchmarks with a specific end goal to get the declaration from the association which is approved by the ISO (Kelemen & Bansal, 2002). That likewise makes the requirement for the preparation which is vital for organizations to actualize the QMS. The measures have been produced the course of the quality history from requiring a quality control to a quality confirmation. Definition Quality by and large has been characterized as “How great or terrible something seems to be.” (Kelemen & Bansal, 2002). Specialists have a typical definition about Quality Management System, they have characterized it as “An arrangement of co-composed exercises to direct and control an association so as to persistently enhance the viability and proficiency of its performance.”What is a QMS?A quality management system gives organizations an arrangement of techniques that guarantee an ability to think way to the management of organizations. The Quality Management System guarantee consistency and change of working practices, which thus give items and management s that meet client’s necessities. ISO 9000 is the most ordinarily used universal standard that gives a system to quality management system. What is ISO 9000?

ISO 9000 is a bland name given to a group of benchmarks created to give a structure which a quality management system can viably be actualized in view of. What does it mean? (Kelemen & Bansal, 2002). To profit from ISO 9000:2000 there are ventures to consider. At First, an organization needs to characterize why it is ready to go or what for it is working together. At that point the following thing to do is to characterize the principle procedures or what to do. At that point the organization needs to characterize how to destroy it composing. So it needs to portray in composing how to do these courses of action and who is capable to do them. Finally, there must be an assertion amongst the organization.

Actualizing a Quality Management SystemThere are steps that each organization actualizing a QMS need to consider: Get the Standard Prior to an organization can start get ready for performing the Quality Management System, it will need to oblige a duplicate of the standard (Kelemen & Bansal, 2002). The standard is ISO 9001:2000 which is worried about the QMS. The organization needs to comprehend the prerequisite and be acquainted with it. Relegate a group and concur your method. The organization ought to start the whole performance transform by planning hierarchical method with top management. Obligation regarding a QMS lies with Senior Management; thusly it is essential that Senior Management is included from the earliest starting point of the procedure (Kelemen & Papasolomou-Doukakis, 2004).

Consider TrainingIn the event that the organization trying to execute a Quality Management System, there are a scope of workshops, classes and instructional classes ought to be brought by representatives concerned with the performance. These courses qualify the workers to be inside inspector of the system and outer evaluators for sub-contractors or suppliers.Review Consultancy OptionsThe organization can get guidance from free specialists on the most proficient method to actualize the quality management system. They have the involvement in performing a QMS and can guarantee to evade expensive slip-ups.Choose a registrarThe recorder is the third party, who come and evaluate the viability of the quality management system, and issue an endorsement in the event that it meet the prerequisites of the standard. Build up a Quality manual. A Quality manual is an abnormal state report that diagrams the organization expectation to work in a quality way. It diagram why the organization is good to go, what the organization proposition is, and the manner by which the organization is applying the standard and how the business is worked.

Develop support documentationThis is a systems manual that backings the Quality manual. It figure out what you do to finish an errand. It depicts who do what, in what request and to what standard.Implement your Quality Management SystemTo execute the system, correspondence and preparing are critical. Amid the usage everybody work to the strategies and gather records that depict you are doing what you said you are doing.Consider a pre-assessmentA reassessment by your enlistment center typically occur around 6 weeks after the start of the performance of the quality system. The reason for the reassessment is to distinguish territories where you may not be taking after the standard. This permit you to amend any zone you might before the genuine appraisal.Gain registrationThe organization ought to mastermind the genuine appraisal with the enlistment center. Right now the enlistment center will audit the Quality Management System and figure out if the organization ought to be suggested for enrollment.The Benefits of Implementing a QMSPerforming the Quality Management System advantages organizations from multiple points of view. The principal advantage of performing this system is to spare time. Since this system is concerned with the management of an organization’s every day rehearses which influence the work process which is in the end delivers the items to the client, this system tells where time squandered and why (Kelemen & Papasolomou-Doukakis, 2004). This system examination every single point in the entire procedures and serves to reject a percentage of the routine which is more often than not will be redundant. In some cases work process makes more strides, marks and inclusion of individuals who don’t increase the value of the work forms or to the last state of an item: thusly, taking out these little dreary points of interest can spare have of the creation time. Case in point, if a client needs to purchase an item, a management can be characterized as an item, and for the client to get his obliged item, the time is critical.

Client dependably asks this common inquiry, to what extent would take to accomplish this? In the event that an organization actualizes the Quality Managements System then the inquiry is effortlessly replied. Since it is anything but difficult to figure out what precisely expected to deliver an item then the estimation can be make effortlessly. In addition, if a client can’t hold up, then superfluous steps can be effectively avoided (Lewis & Kelemen, 2002). From here I move to the consumer loyalty which is the second advantage in my exploration of performing such system. Consumer loyalty is an essential component for organizations to develop. In the event that an organization has the system up and running then the client is guaranteed that every item is in the same conditions, shape and quality. Client require not to stress since the organization receiving the system and tailing it correctly.

The system tells everybody in the organization how every last process is carried out, so the outcome is ensured. The procedures are changing an info into a yield. To have a wanted yield, the way the techniques are planned assumes a critical part of the creation of an item which can be a management as specified prior. The third advantage is the procedures enhancements, a methodology can’t be enhanced until it is characterized and depicted in any case. Along these lines, implementing the Quality Management System requires the entire portrayal of techniques and methods. When courses of action are depicted and used, it is less demanding to wipe out unneeded ventures inside every procedure. Every time the methodology is used and the more the experience is increased then the more change can be made. Client necessities can create and differ in every venture, so since the organization has officially executed the system, if a client prerequisite has changes then it is less demanding for the organization to enhance the system process from where they stand instead of beginning planning all once again which obviously cost cash. From here, I go to the last and the most essential advantage which chopping down the expense and sparing cash. On the off chance that time is spared, and time obviously implies cash for all organizations, then cash is spared.

Pursuing continuous improvementQM theory additionally holds that “quality is a moving target and the quest for approaches to enhance performance is an endless mission.” Accordingly, directors ought to urge workers to always address how well they are getting along and take in lessons from their encounters, and use lessons figured out how to enhance authoritative achievement. Doing this guarantees to persuade representatives who wish self-improvement, gives them a feeling of achievement, and offers chances to have any kind of effect. This additionally permits open supervisors concentrate on accomplishing significant results as opposed to concentrating on maintaining a strategic distance from politically humiliating missteps. Constant change implies that quality turns into “the way the workplace works together.” Promoting proactive initiative QM theory additionally holds that “quality is less controlled by individual conduct than by system variables.” Accordingly, “quality is at last the obligation of top administrators on the grounds that they make the systems that generally focus performance results.” The idea of reliant work systems diverts chiefs’ endeavors from controlling and coordinating representatives’ conduct to enhancing the systems inside which workers work (Kelemen & Bansal, 2002). Also, as opposed to be faulted workers when things happen, directors ought to look to encourage continuous, aggregate, critical thinking. This practice holds that while there will dependably be above and beneath normal entertainers, when the system itself is enhanced, then the association’s performance makes strides. Human Relations Theory as a theory of brilliance for a school confirmations office QM is a participative management demonstrate that spotlights on fulfilling client desires by constantly enhancing the way business is directed or management conveyed. QM advances a “client first introduction.” Accordingly, the client first introduction holds that the complete figure any business examination ought to be its effect on the client. Also, the objective of the QM model is to give a deliberate approach to live up to clients’ desires.ConclusionQuality Management system is a subject which cannot be cover in such a short research paper. On the other hand, I attempted to raise the fundamental information about this staggering system which permit organizations to achievement and develop in the global business sector. Organizations which have used this system have ended up extraordinary overall and we can’t discover a global organization in Europe or somewhere else does not have it. Quality Management system advantage organizations in various ways.

Reference

Kelemen, M. (2000). Too much or too little ambiguity: the language of total quality management. Journal of Management Studies, 37(4), 483-498.

Kelemen, M. (2003). Managing quality. Sage.

Kelemen, M., & Bansal, P. (2002). The conventions of management research and their relevance to management practice. British Journal of Management,13(2), 97-108.

Kelemen, M., & Papasolomou-Doukakis, I. (2004). Can culture be changed? A study of internal marketing. the service industries journal, 24(5), 121-135.

Lewis, M. W., & Kelemen, M. L. (2002). Multiparadigm inquiry: Exploring organizational pluralism and paradox. Human Relations, 55(2), 251-275.

Information Management Systems

Information Management Systems

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Chapter Eight

Protecting People and Information-Threats and Safeguards

It is quite unfortunate that the woman in the story known as Janella was a victim of an email scam. There is evidence to show that she is educated, as she worked as a CPR teacher, as well as a nursing administrator. It is a common occurrence to hear about such stories from various media sources. Unfortunately, people do not learn, and they continue to send money to fraudsters. Others even go the extent of selling their property, such as cars and houses. Janella was naïve on matters that concern email scams, thus fell victim. In the story, it is only after most of her money had been taken, when Janella realized the truth concerning the scam issue. From this story, one can conclude that there is nothing new, which one has never heard or seen before. To some people, this story is nothing but pure entertainment, as they cannot understand why some people are extremely naïve and ignorant (Haaq, 2009).

On the other hand, I feel sympathy for Janella as she has lost an enormous amount of money. Also, it is a pity that a women living in the modern world is ignorant about matters that concern email scams. There is a lot of information passing around warning people about such scams, yet Janella fell victim to this problem. Furthermore, she should have thought twice when the people were asking her to send money, yet they were the ones meant to give her. I sympathize with her as her relationship with her husband might be affected, as she used all his retirement savings. Also, I sympathize with her as there were no people who gave her advice concerning this matter. Her husband should have been the one to warn her against sending the fraudsters the money (Haaq, 2009).

I have been a victim of a scam, like the woman in the story, but it had a different outcome. There was an advertisement in the internet, and I thought that I should know more about it. The scam was a competition whereby, the hundredth person to send their entry, would win a brand new car. At first, I did not ponder about it, until I got a message after only twenty minutes had passed, that I had won the car. They told me to send my account number as well as money for registering the vehicle. I realized early enough that this was a scam, as they were asking for money, yet I had won after a short time (Haaq, 2009).

If I found out that my parents were responsible for being the ones who caused their victimization, I would respond positively. I would not rebuke or blame them, as they deserve respect, and they have a right over me, as I am their child. I would make sure that they have useful information, to make informed choices. If my parent were to fell victim to scams, it would in turn affect me in many ways. For example, they provide me with my upkeep, and that would drastically affect me if they lost money to a scam. It is vital that my parents are aware of such matters, in order to protect them from fraudsters. In conclusion, I would ensure to protect and safeguard them (Haaq, 2009).

Chapter Nine

Emerging Trends and Technologies- Business, People, and Technology Tomorrow

There have been changes in the mobile internet industry, in terms of viewing television programs. An example is the Sling programming, which allows one to watch television programs from their smart phones. It means that people can access their favorite programs, regardless of thier location, so long as they have Sling technology. I would like to enjoy the benefits that occur as a result of mobile television programming. I like watching television, and there are times I have to miss out on certain programs, due to lack of accessibility to a television. By having the mobile television programming technology, I will benefit from the convenience. I will watch various programs at my own convenience without having to rush home to watch them on television. At the same time, smart phones are not that big in size as compared to television sets. It would be extremely difficult to watch programs comfortably on the small mobile screen. In conclusion, I will personally have to obtain the services of the television mobile programming technology (Haaq, 2009).

There is a high possibility that technologies such as TiVo will soon be phased out of the market. The latter technology assists in helping viewers to watch programs, which have been recorded. It is a fact that people are attracted to new technologies and will do anything just to acquire it. In this case, people will no longer have a need to record programs, as they can watch them in real time through their mobile phones. TiVo will run out of business and will only be purchased by people who cannot afford the television mobile programming technology. Also, manufacturers of Sling will profit from high revenues and margins. It is also possible that those with technologies such as TiVo have to upgrade, in order to meet the demands of the customers. In conclusion, a lot needs to be done to ensure that those who develop technology are aware of evolving trends. In turn, they should seek to exceed the expectations of customers in order to earn high revenues (Haaq, 2009).

Lastly, there are other areas in my personal life, which would be made better if they were to become mobile. I would be impressed if they could make houses be viewed from the comfort of one’s mobile. One would always be assured that their houses are safe as they can view the activities at their houses. For example, if there are burglars in the house, the mobile phone should be able to detect. This will in turn reduce the number of burglaries that occur as it is a measure against insecurity. Furthermore, it would assist the police in finding criminals who committed crimes in people’s houses. Also, I would be pleased if I could read my books through my mobile phone. This would occur even if the books are at home and are not easily available. Moreover, I would read the books anywhere I am, without having to rush home just to get the books. Also, this would be advantageous to me due to convenience, and it would be less bulky to carry, as compared to a book. In conclusion, technology is advancing at an extremely fast rate that it will be possible to have technology everywhere one goes (Haaq, 2009).

References

Haaq, Stephen. (2009). Management Information Systems for the Information Age. New York: Mc Graw Hill.

Inception and the Bechdel Test

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Inception and the Bechdel Test

The film industry has been accused of being gender biased, with most of the movies produced being dubbed as being distinctively misogynistic. Accordingly, critics such as Allison Bechdel, have identified a need for the creation of films whereby the female characters are not limited to the role of supporters for their male counterparts. Evidently, most movies, both past and present have failed in the achievement of this. More movies, even the award-winning films, continue to be produced without a gender consideration, with most putting the male characters on a pedestal and the women at the bottom. However, some films such as Wanted and Salt, have a female as the lead character illustrating the lengths to which Hollywood producers are willing to change the trends in film production. In her argument regarding gender bias, Allison Bechdel argues that reduction of gender bias in films goes beyond giving women lead roles. She explains that the number of women, their relationship with each other, as well as, their conversations have play a major role in determining whether a film is gender biased or not. Fundamentally, Bechdel introduces the idea of the Bechdel test to determine the level of gender bias in a particular film or movie (bechdeltest.com 1a). This test consists of three main components including the need for having two or more female characters in the film, having these females engage in a conversation, and the exclusion of men in the conversation. Put simply, the Bechdel test demands that a film have two or more female characters who talk to each other about issues other than men. Interestingly, many movies have failed this test at one point or the other (bechdeltest.com 1a). Movies may have many female characters but they do not engage in any conversation with each other, and when they do, the conversation revolves around a man.

One such movie that has failed the Bechdel test is Inception by Christopher Nolan. As critics would argue, this movie has passed the first two requirements of the Bechdel test, failing to attain the third requirement (bechdeltest.com 1b). The movie has two female characters namely Ariadne, graduate student and Mallorie, Cobb’s deceased wife. Though these two characters meet with each other about three times throughout the movie, they engage in only one conversation. The conversation, which is the basis of the third requirement of the Bechdel test, is about love, which, when considered from a relative interpretation of the film, the conversation was about Cobbs (bechdeltest.com 1b).

The above is the most basic and accepted analysis of the movie based on the Bechdel test. However, if one was to look examine the movie from a different dimension, it is evident that the movie may have failed the Bechdel test in other ways. For example, between the two female characters, only one is a real person, the other is just a figment of imagination. Based on the theme and the context of the movie, we cannot be sure whether, Mallorie, who is the imagined character, is in reality a female. Secondly, because Mallorie was a figment of Cobbs imagination, then it would be justified to assume that the conversation between Ariadne and Mallorie was actually a conversation between Cobbs and Ariadne. The complexity of the movie makes it even harder to decipher in terms of the Bechdel test, but one thing is certain, Inception, fails the Bechdel test of gender bias.

Having established that the movie, Inception, fails the Bechdel test, this paper explains how the relative absence of multi-dimensional female characters influences the film’s understanding of men and women.

Effects of the Absence of Multi-Dimensional Female Characters

As observed in the film, there are only two main female characters, who, upon a closer examination, may have been used symbolically to bring out a message concerning the relationship between men and women (wordpress.com 1). At the outset, the two female characters embrace names that are symbolic to society. Ariadne, for example, is the name of the Greek princess who assisted the hero Theseus in navigating the labyrinth, the prison of the Minotaur. Ariadne embraces a similar role in the movie, as she is chosen to help cobs create the mazes, which he intends to use in infiltrating people’s dreams. Here, the female is seen as a male aide, for the achievement of his goals and desires. Her recruitment into the team shows that she is needed for the task to be completed, but expectedly, she does not play a minor role in this. Observably, her role as the architect is considered the main role in the movie, for it is only after she constructs the mazes that the team can be able to infiltrate the dreams. From this, one can conclude that the women play the role of helper in male-female relationships. Additionally, Ariadne also reveals her manipulative side by making Cobbs open up to her, and then using the information gathered to influence his actions into what she wants (wordpress.com 1). With this, the audience is exposed to the manipulative character of women in their relationships with men, and how they use men’s personal issues to achieve this.

Mallorie’s role in the movie, on the other hand, is the total opposite of that of Ariadne. This is because her role has a feel of sabotage, and she is the only character whose role was to stop Cobbs from achieving his mission. Her role as a woman is quite complex as she is brought out as both a positive character and influence on Cobbs, as well as, a negative character. In relation to her positive attributes, Mallorie’s activities can be translated as protecting Cobbs, as well as, his victims form himself. She is well aware of the destructive nature of dream infiltration, and for that reason, she is committed to preventing Coobs and his victims from the effects of this (wordpress.com 1). Here the role of the woman in male-female relationships is one of a protector, as well as, that of a passive guide. Both women try to directly and indirectly guide Cobbs throughout the mission. While Ariadne might have been guiding him towards the completion of the mission, Mallorie guides Cobbs towards the realization of his vices. Because Mallorie is out to sabotage Cobbs activities, it is evident that she embraces a negative role as a woman. She will do anything to prevent Cobbs from completing his mission, even if it means killing his victims during the dream so that they fall back into reality (Fisher 37). Obliquely, we see how women may or may not prevent a man from achieving his goals and ambitions. Women are depicted as a distraction, to the achievement of both personal and professional goals, something that men may agree to undoubtedly.

Just as Ariadne and Mallorie are used to bring out the role of women in relationships, Cobbs is also used to bring out the role of the man. For example, the fact that Mallorie is a figment of his imagination, and he managed to infiltrate her thought to the point where she committed suicide, it is evident that men are a tad bit controlling. Evidently, Cobbs loves controlling others, in fact he enjoys controlling other so much that he has made it his career (Fisher 39). The women are not receptive to the idea of being controlled, with one woman committing suicide nd killing others as a way of refusing control, whereas the other tries to attain that control and instead control the male. This inherently exposes the nature of male-female relationships, which is characterized by the need for control. Both men and women wish to have control over each other, and they will do almost anything to attain this. Conclusively, in addition to illustrating the relationship between men and women, the absence of multi-dimensional female characters is also used to bring out the male-male impassive relationships. The relationship between the males in the film is that of business and nothing more. Apart from the relationship between father and son, which appears to be slightly emotional, the rest of the male-male relationships are purely work related. They all have a mission that they intend to take on to the end, and each male has a specific input in the movie that is of minimal emotional nature. The absence of multi-dimensional female characters in the film reveals plenty of things regarding the relationship between men and women. However, one thing can be learned from this film, a woman is a man’s helper and guide.

Work Cited

“Bechdel Test”. Bechdeltest.com n.d. Web. 20 October 2011. <<http://bechdeltest.com/>>

“Comments for Inception” bechdeltest.com, 13 July 2010. Web. 20 October 2011. <<

http://bechdeltest.com/comments/1169>>

Fisher, mark. The Lost Unconscious: Delusions and Dreams in Inception. Film Quarterly 64.3

(2011): 37-45.

Okinawa Assault. Inception and the Bechdel Test. wordpress.com. n.d. Web. 20 October 2011.

<< http://okinawaassault.wordpress.com/2010/07/19/inception-and-the-bechdel-test/>>