IM Black and IM Proud - 864 Words

Black History speech: I m Black and I m Proud As we come to the close of another black History Month, we have been reflecting upon our heritage. Upon such people as Chrispus Atticks, Harriet Tubman, Fredrick Douglas, George Washington Culver, Dr. Charles Drew, Thurgood Marshal, Malcolm X, and of course Dr. Martin Luther King, Jr. and many, many more. And as we remember and review these names we realize that in any other society this would be a great list of historical figures. But being in the society that we are in, our contributions have been, to say the least, SUPPRESSED. So therefore we have to acknowledge our own, since history will not acknowledge us we choose to acknowledge ourselves. And so this month of celebration and†¦show more content†¦So beloved I salute you today and if you will allow me to paraphrase of one of our American slogans, YOU VE COME ALONG WAY BABY. And I want to tell you that we have indeed have come along way, but that s not to say that there isn t still a ways to go; because it seems like we have been carrying our cross from the beginning of time, you remember that it was a black man named Simon the Cyrenian, who carried the cross for Christ. And then we as a people, were brought to America and we carried the cross of slavery, and then after slavery was abolished, we carried the cross of prejudice and segregation, and believe it or not, we are still carrying that cross today. However all is not gloom and doom, all is not lost, because you see my brothers and sisters, we are one of the few people who realize that GREATER IS HE, THAT IS IN US, THAN HE THAT IS IN THE WORLD. So yes I m proud to be an African American because one day a black woman riding a bus was tired and decided that she wanted to sit down. I m proud to be an African American because a man named Dr. Charles Drew developed the technique for blood transfusions, and even though he himself died because after being in an automobile accident and the hospital refused to give him a bloodShow MoreRelatedBlues Music Is Still Based On Emotional Pain914 Words   |  4 Pagesimpactful. Many blues songs used racial inequality as a common theme because many black Americans were suffering from this in their daily lives. The following songs were structured to help raise support to put an end to the racial inequality that occurred. First, we talk about James Brown’s â€Å"Say it Loud ( I’m Black and I’m Proud)†. As the title suggests, this song is about black pride. Brown was a leader in the black community, and encouraged his people to stand up for their rights. The 60’s wereRead MoreReflection Paper On Being Black1168 Words   |  5 Pagesput on my mask. The person I see is an attractive black women that is very educated. When I describe myself I say it with confidence, but society loves to degrade me for it. For example, they always tell me that â€Å"I’m pretty for a black girl† or that because I talk proper that† I sound like a white girl†. I don’t think people realize how offensive they come off when they try and give me these slight compliments. I do admit that I am a pretty young black women that does talk proper, but is that a badRead MoreWho Am Who I Am792 Words   |  4 Pagesidentity? I have an identity and I know when I got it to o, because I will never forget these moments in my life. I live in a world where people don’t see me for me, only what they want to see or what they hear. A black man always put down by the white race, and told to shoot for the stars by the black race. I found no comfort in either race and I was put down by both races. I was the one who told myself to rise, I learned that the only person who wants you to succeed is yourself. I am nothing like my familyRead MoreThe Importance Of Studying The Relationships And Subject Formations1688 Words   |  7 Pagesrelationships and subject formations. For this paper I will be describing myself how society sees me, and also explain the pro’s, con’s, and loopholes to all of the categories I belong to. I am an African American, bisexual female studying at a historically black college. In my household, according to society I would be labeled as the middle class. I have no preferences other than Christianity for my religion. Growing up I always lived in predominantly white communities, I’ve always attended in predominantlyRead MoreI Am A Asian Stereotype1172 Words   |  5 PagesHi, I’m Jo. I’m an Asian stereotype. For as long as I can remember, I’ve grown up wearing thick, square glasses on my face framed by straight locks of jet-black hair. While other kids ran off ecstatically to scale the jungle gym or to get that last coveted swing when recess finally came along, I would race to the classroom with a small group of close-knits friends to finish the day’s math homework with eyes alight and filled with just as much animation. While other kids sighed at the sound of theirRead MoreI Am Proud About My Life920 Words   |  4 Pages1. I am proud that, I have chosen my major (Fine Art) and have stuck with it despite what people say and that I’m majoring in something I’m passionate about and not just something that will make a lot of money when I graduate. 2. One thing that I can do now that I couldn’t a few years ago is being able to assert myself. I’m naturally a very shy and quiet individual and as a result I would be overly passive and allow other people to speak over me or talk down to me without defense. Over the pastRead MoreSegregation Of The Blacks By Langston Hughes911 Words   |  4 Pagesthe blacks. This topic struck my interest because have you ever thought about how it would be if they were still treated as poorly as they were during these times? Well the person that was in this chapter was Langston Hughes, which was a poet that wrote about the black community and what they struggled with in their everyday lives. He would even compare the lives of African Americans to the lives of the whites. During the times of his poems, slavery was over but the mistreating of the blacks wasn’tRead MoreThe True Meaning of Being a Human in How It Feels to be Colored by Zora Hurston 814 Words   |  3 Pagesdiscrimi nation against black people existed. Racial segregation and unfair treatment added more constraints which made it more difficult for others to see beyond the skin color. The author writes and divides the essay in four different sections. Each part narrates and explains her childhood experience, black heritage, discrimination, social status and how she sees the world around her. As a starting point, Hurston utilized a strong phrase to clearly self-differentiate from others when she says: â€Å"I’m the onlyRead MoreSula Critical Theory Essay - Black Feminist Theory1206 Words   |  5 PagesLooking through a Black Feminist Critical Lens, Toni Morrison’s characters in Sula resemble Mary Helen Washington’s definitions of African American female characters. Specifically, Sula, Nel, and Eva; Sula is a Liberated Woman, Nel is a Emergent Woman, and Eva as a Suspended woman. Sula is Morrison’s main character and is a perfect example of a Liberated woman. According to Lois Tysons definition of a Liberated Woman, Sula has â€Å"discovered her abilities, knows what she needs, and goes about gettingRead MoreShould You Be Judge For Being Born As A Multiracial And Biracial Individual?933 Words   |  4 Pagesyou are a mix child, why can’t you be proud of both or even the other ethnicity background that you have? Those were the questions that I’ve had while reading through the article of Susan Saulny on the topic of being a mix child. I am Dominican and Puerto Rican with some Spaniard in as well, so I’m somewhat a mix child, but I am a proud Latino and that is the side that I chose even though I have different Latino in me, I am still considered a Latino man. I’m 22 years old and in the next 5 or 6 years

Affirmative Action Is Not the Solution Essay - 1340 Words

nbsp;nbsp;nbsp;nbsp;nbsp;Affirmative action is a social policy created to promote the welfare of minorities by supporting the idea that individuals are all created equal and should not be judged by race or gender. Therefore, in situations like job and university applications, we should consider minorities to be as feasible a choice for hire as a white male candidate, taking into consideration their background. In short, it tries to give minorities that have been at a disadvantage their whole life, an opportunity to ‘equal the playing field’ by providing a broader context by which to measure an applicant or prospective employee. In the end, however, this goal is not realized. Instead, superficial ‘quotas’ are established and the†¦show more content†¦Bob had six months to prepare for the race while John had a ball and chain tied to his leg for the entire six months. Without a doubt, I would believe that Bob would win this race. However, if we interpol ate affirmative action into this analogy, we would justifiably be assisting John. Unfortunately, the problem isn’t that we are helping John, the problem is the way we are helping him. Instead of releasing John from his ball and chain, affirmative action would be placing a heavier ball and chain on Bob forcing John to meet a lower expectation, thus not inherently removing the ball and chain, but rather using it as an excuse to justify his shortcomings. Implicitly, this would then create animus and resentment against Bob, rather than empathy and compassion for his disadvantage. Although the motive behind affirmative action is moral and just, in practice it seems to fail and causes an even more unequal treatment of race and sexuality. nbsp;nbsp;nbsp;nbsp;nbsp;The unequal treatment brought on by affirmative action brings us to the second argument against it: Affirmative action itself violates the principles of equality. The main goal behind affirmative action is to ensure that all individuals are treated equally, not to create more inequality. However, white individuals are simply used as a means to an end and unfortunately more discrimination is created. If we were to take a look at both analogies above, the white male was treatedShow MoreRelatedEssay on Is Diversity The Solution to Affirmative Action?2725 Words   |  11 PagesIS DIVERSITY THE SOLUTION TO AFFIRMATIVE ACTION Equal employment practices, in many organizations, have been established through affirmative action programs. These programs were created by government mandate to create a fair and non-discriminatory working environment in organizations. The need for affirmative action was recognized as early as the 1940’s, as a concept, based on the racial diversity of our country. The goal was the redistribution of opportunities on the basis of race. Now as weRead MoreAffirmative Action in Colleges1218 Words   |  5 PagesHispanics. In order to combat this gap, the Kennedy administration in 1961 instituted a policy called affirmative action aimed towards counteracting the racial and socioeconomic disadvantages that these minority groups have. Opponents of affirmative action argue that this violates the 14th Amendment, creates reverse discrimination and reinforces racial inequality. Meanwhile, the supporters of affirmative action claim that it is necessary to create equal opportunity for ev ery person and as a way for addressingRead MoreAffirmative Action Essay1151 Words   |  5 PagesAffirmative Action Blacks and other minority groups have been wrongfully persecuted and punished and have suffered the indignities of discrimination. As Martin Luther King stated so eloquently in his I Have a Dream speech, blacks should be judged #8230;not by the color of their skin, but by the content of their character. Our American culture with its political, legal, and social considerations, is struggling with the idea of white redemption while offering minorities a more fairRead MoreAffirmative Action Is The Perfect Plan1173 Words   |  5 PagesAffirmative Action On March 6th, 1955, President John F. Kennedy signed executive order 10925 enforcing that government corporations not discriminate against anyone based off their race and skin color. This became â€Å"positive† discrimination otherwise known as affirmative action. Affirmative action is a method benefiting anyone who have experienced discrimination particular to one’s education and/ or employment (Affirmative Action). In today’s age affirmative action is creating â€Å"reverse racism† dueRead MoreAffirmative Action Is Important For The Future Of The Diversified Generations Of America Essay1641 Words   |  7 Pages Affirmative Action In Martin Luther King’s I Have a Dream Speech, he states â€Å"I look to a day when people will not be judged by the color of their skin, but by the content of their character† for this reason affirmative action in higher education admission should alter for it creates a perpetual racial preference in admission. Affirmative action is controversial due its issue of whether the generation of today should pay for the past injustices done to certain ethnicities. It questions the constitutionalityRead More Affirmative Action: Keeping minorities down for 30 years. Essay1509 Words   |  7 Pagesnbsp;nbsp;nbsp;nbsp;nbsp;The subject of affirmative action in college admissions has been hotly debated since its inception. Although affirmative action was originally supported by the vast majority, that same majority is now starting to wonder if there is a better way. Commonly asked questions include: â€Å"Is affirmative action still working?† and â€Å"Is there an alternative?† The answers to each of these questions will provide insurmountable evidence that affirmative action in college admissions no longer fulfillsRead MoreAffirmative Action And Its Effect On Society Essay1639 Words   |  7 Pagesbased on a person’s race is wrong. For this reason affirmative action in higher edu cation admission should alter for it creates a perpetual racial preference in admission. Affirmative action is controversial due its issue of whether the generation of today should pay for the past injustices done to certain ethnicities. It questions the constitutionality of its existence and whether it perpetuates racial discrimination. Although affirmative action greatly promotes diversity and exposes diverse perspectivesRead MoreEssay about Affirmative Action1384 Words   |  6 PagesAffirmative Action has been an issue of contention since its inception during the Civil Rights struggles of mid 20th century America. Discrimination could no longer be tolerated and the Unites States government had an obligation to encourage equality at all levels of the social infrastructure. The main type of discrimination being addressed by Affirmative Action programs was racial discrimination. The Merriam Webster dictionary defines racism as: ‘a belief that race is the primary determinant ofRead MoreThe Issue Of Affirmative Action Essay1667 Words   |  7 Pagesthe content of their character† for this reason affirmative action in higher education admission should be altered for it creates a perpetually racial preference in admission. Affirmative action is controversial due it s issue of whether the generation of today should pay for the past injustices done to certain ethnicities. It questions the constitutionality of its existence and whether it perpetuates racial discrimination. Although affirmative action is a great start in promoting diversity and exposingRead MoreWe Do NOT Need Affirmative Action Essay549 Words   |  3 Pages    Affirmative Action is steps that are taken to ensure that the opportunities are equal between minorities and others. There have been many heated debates over this issue, and maybe the worst is yet to come. Some might feel it is necessary because they feel opportunities are not equal for minorities. Many people believe that gaps need to be closed between minorities and others, but there is a difference in the method. I feel the current method is not constitutional, lawful, and not proven

Company Law Form of Business Structure

Question: Discuss about the Company Law for the Form of Business Structure. Answer: 1. a) What type of business organisation are Aysha and Dilara currently operating Dilara and Ayesha are currently operating a partnership business. A partnership business is a business that is carried on by and between two and more than two owners[1]. For entering into partnership business there are three criteria that need to be fulfilled. The criteria are: i) there must be an agreement between the partners before commencing the partnership business, ii) the object of the business should be to share the profits earned, iii) All the partners or any one of them who will act on behalf of them should carry on the business[2]. Any person being the manager, lender of money, wife or child of the deceased partner cannot be called partners. To be called as a partner, a person needs to get into agreement for working as a partner and to share the profits of the business[3]. Here, in this case, the winery called Ankita have been inherited by Dilara and Aysha from their Great Grandfather and were running the concern since then. But as they are sharing the profit of the busine ss equally among them, Dilara and Aysha at present are running a partnership business. b) Whether their current business structure is the most suitable vehicle for selling part of the Brothersglen Winery to Polat or whether they should consider another form of business structure, and, if so, which one? Since Dilara and Aysha inherited the winery from their great grandgather, he liked the old thinga in the winery because of which the winery was going down. After some years of business, Diara and Aysha found that they did not have enough capital to continue with the business of the winery[4]. They need a huge amount to spend on the winery to restore it. Polat who was a French winemaker wanted to buy a part of the winery where he would be working as a Chief winemaker. As the money of Polat and his expertise is very much needed for the winery, Dilara and Aysha can sell a part of the Ankita winery to Polat. By selling a part of the winery they will include one more partner in their partnership business[5]. They can sell a part by making an agreement with Polat that he will be working as a partner in winery and will be working as a chief winemaker. As the winery needs more capital to run its business, it will be a wise decision to make Polat a partner of the business. By admitting a new partner, the existing matters of the business will get affected like revaluation of the liabilities as well as the assets, accumulated profits of the organization and the losses, profit-sharing ratio, capital contribution as well as the good will of the partnership business. The goodwill of the business is the real asset of the business as it will enhance the earnings of the business[6]. Goodwill does not have any physical existence and is earned by the service provided by the business. Goodwill helps in the profits sharing ration between the partners. While admitting a new partner, the existing business will get certain capital which will be brought into by the new partner. This capital will added to the existing assets and the liabilities of the business. The new partner will also have the amount of shares according to the capital brought in. the profit sharing ratio may be equal as before, may be according to the ratio as before. The amount of the capital brought into the business will depend on the partnership agreement. The capital contribution may not or may be in their profit sharing ratio. Whenever a new partner is admitted, it is decided by the partners to make their contribution proportionate to their profit-sharing ratio[7]. Therefore, the current operating business, i.e., partnership business is the most suitable vehicle to sell the part of the winery as they will get more capital that can be spend to restore the winery as well as the goodwill that will enhance their business and as a result it will increase their profit which will be divided amongst the three partners, Dilara, Aysha and Polat. Hence, Dialara and Aysha need not consider any other business structure to sell the part of the winery. 2. Rights of Leo as shareholder/member The issue of the case is that two shares of the Thomas The Tank Engine Pty Ltd has been purchased by Leo for $500,000. The said company manufactures train and sells to the retail stores. Leo is the companys non-executive director and is upset with the activities of the company. The companys reveneu has increased by 300% but he has not received any dividend. Ruby and Amanda are the executive directors who have decided not to pay any dividend for the current year. Both of them have arranged the company to provide two expensive cars on lease completely for their use. Leo attended the board meeting for the first time and enquired about the dividend policy and also objected the lease of the cars. Amanda and Ruby hold a board meeting and removed Leo from the board. In this case as Leo is the shareholder of the company as well as non-executive member, he has got certain rights as a shareholder/ member of the company[8]. He has got the right to attend general meeting and vote- Each share has the capacity of one vote. But there may be some kind of shares which does not carry voting rights. Since in this case the type of shares is not mentioned, it can be held that it is an ordinary share that carries one vote per share[9]. Being the non-executive member he has the right to attend the general meetings and to vote at the meetings. He has the right to the share of the companys profit- A company share its profit by way of paying dividends to its shareholders as per the share it holds. The company only pays the dividends if it has made any profit and has decided to distribute the dividends to an extent. In absence of any of the provision mentioned above, the company will distribute the dividend according to the proportion of the shares held by each of the shareholders. In this case, it is seen that the company has earned increase revenue by 300% but is not paying the dividend to its shareholders. The shareholder has the right to ask for the dividend to be paid by the company. He has the right to get final distribution on the winding up of the organisation- During winding up of the organisation; the remaining assets of the company will be distributed among the shareholder/member of the company after distributing it amongst the creditors. Here it has been seen that at the time of winding up, Leo has been removed from non-executive director and also did not get any assets as a shareholder[10]. The shareholder has the right to ask for the copy of the companys annual accounts by which he can look into the yearly financial activities of the company[11],. Leo has the right as a shareholder / member to get the copy of the companys annual accounts and also have a look into the share register so that he can go through the yearly activities. He has the right to see whether the company is running lawfully- the member/ shareholder has the right to see whether the company is working according to the Corporation Act and following the constitution of the company[12]. Only the members of the company has the right to sue the company if it working unlawfully. In this case, it is seen that the two executive directors Ruby and Amanda has decided not to pay the dividend for the current year although the company has earned revenue by 300%. They have also arranged the company to lease two expensive cars for them which will be used by them exclusively[13]. These activities of the company are quite unlawful and Leo being the member/ shareholder has the right to object such activities and sue the company for the same. 3. Discuss any liability of the directors of TACH Ltd in relation to these events. What are the consequences, if any of a breach of the Corporations Act The case referred herein is that the TACH ltd has entered into many new investments which includes a new coffee bean factory, and some other investments which is making a loss of money. The company held a board meeting to discuss about the loss incurred by the company. But the financial statement prepared by Erol instead of loss showing profit. Erol did not succeed to provide answer to the directors about the loss and Vanessa did not succeed to ask the questions regarding the statement made by Erol. The mistakes could not identified by the board of directors and has asked for more investigation[14]. According to section 180,181, 182, 184, of the corporation act 2001; it is the duty of the directors to work according to the provision mentioned in the sections[15]. Sec.180 of the act states that a director should discharge their duties with proper care that has been done by a reasonable person if he would have been the director of a company. Any judgment made by the directors of a company should meet up the requirements mentioned in subsection (1) of section 180. The judgment made by them should for the interest of the company. In this case, Vanessa being the managing director and Erol being the Chief Financial Officer of the TACH Ltd. and also the Non-executive member of the company should have worked with due care and diligence. Erols negligence in work has gone against the interest of the company. Therefore, there is a breach of section 180 and Erol is liable for the civil penalty under section 1317E of the Corporation Act. Section 181 and 182 states that the director or any other officer are bound to use their power and discharge the duties in an effective way and in good believe that it will proved to be a benefit for the company. The director or any other officer of the company should not use their position in a wrong way which will cause damage to the company. Erol has made the financial statement in a negligent manner that has caused a huge loss to the company. He is liable for the civil penalty[16]. Section 184 of the corporation act states that a director or any other officer is guilty of committing an offence if they do their work recklessly, failed to exercise their powers that has been provided to them because of their position and also fails to discharge their duties. The work done by the officer is in good belief but not for the companys benefit and is not been made for the proper reason. If any of the director or officer is acting against the said provisions, he will be guilty for the breach of the section. Erol is responsible for the breach of the section and is liable for the civil penalty. Section 189 of the corporation act states that if the director of any organization relies on the information provided by an employee or other officer of the corporation whom the director has the faith and believe to be competent in the matters concerned and can be relied upon; or is an expert or professional advisor of the matter concerned; or is another officer or director in relation to the matter within the authority of the director and the reliance made by the director was in proper belief and after self-governing estimate of the knowledge made by the director in respect to the directors information about the complex nature of structure of the corporation and also the reason for reliance of the director on the information or advise determines that the director has performed his part of duty, the reliance on the information or advise by the director is considered to be reasonable unless it is proved to be contrary. In this case, Vanessa has completely relied upon the information of the financial statement made by Erol as he is the Chief Financial Officer and has the expertise in it. Being the Managing Director of the company, it was the duty of Vanessa to go through the statement made by Erol. But due to lack of time she was not able to do so. Rather she relied on the fact that if there would have been any problem in making of the statements, Erol would have discussed the matter with her. But this reliance on Erol has proved to be contrary to the section 189. Therefore, Vanessa is also liable of the civil penalty for the negligence done on her part. According to the section 347A of the corporation act, the director should pass a solvency report or a resolution after every review date. If the company directors have submitted a financial report with ASIC between a time period of 12 months prior to the date of review, the subsection (1) does not apply. The offence on this section is an offence of strict liability[17]. In the case referred herein, as the directors of the company failed to identify the mistake of the financial statement made by Erol and further investment in the ventures making loss, the directors of the company could not pass solvency report after reviewing the financial statement and therefore, the TACH Ltd. become insolvent. 4. An auditor owes a duty of care to their clients, and not usually to third parties who rely on the auditors report. What is the policy reasoning behind this concept? An auditor is a person who is appointed to check the accuracy of the financial records of the business carefully. An auditor can be an internal auditor, external auditor or an independent auditor that can work for the accounting firms in the private or public sector. The auditors might work for other different organisation like the state government, IRS etc. An auditor has or in other words owes a duty to their clients because there is a contract existing between the auditor and the client[18]. The auditor has an implied term in the contract which is not expressed in proper words that the auditor will perform his function with reasonable care and will use his skill while undertaking the audit done for the client. There is the presence of duty of care under the law of Tort of negligence because of the close relationship between the client and the auditor. Negligence is the way by which different types of harm may cause to a person, by not taking any proper precautions as a person should have taken in the particular situation to prevent or avoid the harm as can be foreseen. Any harm caused negligently though a person was not careless but tried to be careful and then it will not be considered as negligence. The plaintiff if fails to meet the level of care which is required for its own safety and protection which helps in incurring loss is c alled contributory negligence. It is held that the duty of the auditor is to check on the work of the management and the board and the financial activities of the management and the auditor cannot give any sort of excuses for the fault done by the management by just showing the reason that he is in the position of an auditor and not the management. It is the statutory duty of the auditor to direct and advise the client about its financial position and the risks that the firm or organization can have[19]. The auditor should provide the annual report of the financial position of the concerned firm or organization. The auditor should make the report of the foreseen damage, i.e., loss that can be incurred by the firm while making any financial dealings and the auditor should advise and help them to avoid that damage. In the famous of AWA, it was for the first time held in Australia, that the contributory negligence by the activities of the client have been accepted as one of the reason to subdue the damages that has been caused to the client because of the negligence of the auditor. But before charging an auditor, the duty of care on the part of the auditor needs to be established. This can be done with the three-stage test for the duty of care. To prove negligence, the claimant should successfully prove the claim by proving that there was an existence of duty of care that was owed by the defendant, i.e., the auditor. While deciding whether the defendant or the auditor in this case owes any duty of care, the court goes for a test in three stages. Whether there exists any relationship of proximity amongst the parties. Whether the damage as claimed by the claimant was foreseeable and could have been avoided by the defendant. Whether it is just, fair and reasonable to enforce the duty of care upon the defendant. If these tests taken by the court satisfy the court that the auditor is liable for the damage caused to the client by the negligence of the auditor, the auditor will be punished for the negligence done on his part. Therefore, it can be seen that the auditor owes the duty of care to the client and not to the third party. What must a third party prove in order to be successful in negligence against an auditor? Do you agree or disagree with this concept? The High court of Australia in the famous Esanda case has established that the duty of care of the auditor to the third party under the negligence in law of Tort only exists in the case where the auditor himself bring on the third party to rely on the final audited financial report. The auditor can issue a privity letter in which they confirm a reliance of the third party on an audited financial report. The main reason for this letter is to build a relationship with proximity to establish the duty of care to the third party by the auditor. Therefore, the third party in order to prove the negligence successfully against the auditor, need to show that there has been an existing relationship between the client and the third party as the auditor has provided a privities letter. The third party has to prove that the financial report on which they have relied on has been negligently misrepresented by the auditor. This misleading financial report has caused huge damage to the third party. The third party should also prove that the false representation of the final audited financial report was foreseen and could have been easily rectified. Bibliography ASIC. (2016). Members of company. Retrieved from asic.gov.au: www.asic.gov.au For business Running a company ATO. (2016). Choosing your business Structures. Retrieved from ato.gov.au: www.ato.gov.au Business Starting your own business ATO. (2016). Partnership. Retrieved from ato.go.au: www.ato.gov.au Choosing your business structure Austlii. (2001). Corporation Act 2001 - Sect 1.5.5. Retrieved October 22, 2016, from austlii: https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s1.5.5.html AUSTRALIANSHAREHOLDERS. (2016). Companies. Retrieved from australianshareholders.com.au: https://www.australianshareholders.com.au/companies BUSINESS. (2016). Business Structures. Retrieved from business.gov.au: www.business.gov.au Plan Start Start your business COURSEHERO. (2016). Auditor's have duty of care. Retrieved from coursehero.com: www.coursehero.com Curtin HUGHES, T. (2016). Types of business. Retrieved from wordconstructions.com.au: wordconstructions.com.au/articles/business/bustype.html IMF. (2016). theshareholder. Retrieved from imf.com.au: https://www.imf.com.au/.../site-documents/2-theshareholder_imf1009 PDF file INVESTORS. (2016). Shareholders Rights. Retrieved from investors.asn.au: www.investors.asn.au/.../understanding-shares/shareholder-rights LAWDEPOT. (2016). Partnership Agreement. Retrieved from lawdepot.com: www.lawdepot.com/contracts/partnership-agreement/?loc=AU LEGALVISION. (2016). Rights and liabilities of shareholders. Retrieved from legalvision.com.au: https://legalvision.com.au/rights-liabilities-shareholder-company MONDAQ. (2016). Australia:Rights of shareholders. Retrieved from mondaq: Mondaq NETLAWMAN. (2016). Business Structures. Retrieved from netlawman.com.au: www.netlawman.com.au/ia/partnerships-ins-and-outs-australia Noman, P. (2015). Financial Reporting And Auditing. Retrieved October 22, 2016, from academia: https://www.academia.edu/4547659/Financial_Reporting_And_Auditing Sa. (2013, August 02). Negligence. Retrieved September 15, 2016, from lawhandbook: https://www.lawhandbook.sa.gov.au/ch01s05.php SMALLBUSINESS. (2016). Partnership. Retrieved from smallbusiness.wa.gov.au: www.smallbusiness.wa.gov.au Business structures

Hollyhock House/The Creative Community

While starting the research, I would like to point out some general information, which is related to the construction in the East Hollywood. Thus, one should take into account that the main architect of the Aline Barnsdall Hollyhock House is an interior designer Frank Lloyd Wright.Advertising We will write a custom essay sample on Hollyhock House/The Creative Community specifically for you for only $16.05 $11/page Learn More Now the building is recognized a National Historic Landmark and considered to be one of the top houses in Los Angeles. Moreover, the Aline Barnsdall Hollyhock House was defined to be of special cultural significance according to a UNESCO World Heritage Site. Another issue I want to draw your attention to concerns with the architecture of the construction. Accordingly, an enclosed area of the building reminds us of a theatrical stage. As far as the architect’s residence is considered to be a split-level home, there are many ste ps in this type of construction. In my opinion, the exterior walls of the building reflect a modern architectural movement of the early twenties. Thereby, one may even feel the atmosphere of pre-Columbian Mesoamerican cultures a contemporary movement was based on. The windows of the building remind us of lead came and copper foil glasswork. Hollyhocks are considered to be special ornamental plants, which are used to decorate the building. It seems that they were chosen specially for the landscape design project. Although the original purpose of the building erecting was Olive Hill area expansion, Wright had no opportunity to complete the project, but now nobody will deny the fact that the original aim of the designer is even surpassed: Today, surrounded by a modern theater, galleries and studios, Hollyhock House comes closer than ever before to realizing its original purpose as the centerpiece of a functioning arts complex. Hollyhock House has been named one of the most significant structures of the 20th century by The American Institute of Architects and achieved National Historic Landmark recognition in 1997. The house attracts thousands of visitors annually, who come from around the world to acknowledge its place in the cultural and   architectural history of Los Angeles (1).Advertising Looking for essay on architecture? Let's see if we can help you! Get your first paper with 15% OFF Learn More To my mind, the above-mention citation may even confirm my own thoughts that in fifty years the Aline Barnsdall Hollyhock House will be regarded not only as a national heritage, but can be even transformed into the largest historical museum in the world. I suppose that the transformation is possible due to the cultural and historical advance of the construction. If one looks at a list of Los Angeles Historic-Cultural Monuments in Hollywood, he/she may point out that there are more than 145 monuments in the city, among which the most important monument is a residence for oil heiress Aline Barnsdall. There are the so-called a-priori concepts I rely on while investigating the paper. What does it mean? I do not use the individual perceptions, on the contrary, I just predicate, using the information I know. In my opinion, Hollyhock House will not be a public place all the time. When California Romantic becomes the largest historical museum in the world, it will be defended from trouble, harm, attack, etc. One may think that if the building is used as a public Art Park and library now, nothing will be changed in fifty years. I don’t agree with the statement for numerous reasons. One should keep in mind that there are many other examples, which are considered to be a striking demonstration of people’s desire to protect the most significant historical landmarks. In other words, when the house becomes the most important historical museum of the USA nobody will be allowed to visit it. Those, who do not agree with my point of view, can argue their opinion using a printed form of National Historic Landmark Nomination and relying on the following: The Aline Barnsdall House stands as a watershed moment in the continuum of Wright’s work and was one of a group of sixteen Wright buildings singled out in 1959 by the American Institute of Architects and the National Trust for Historic Preservation as his most important to the nation†¦which ought to be preserved in their original form (4).Advertising We will write a custom essay sample on Hollyhock House/The Creative Community specifically for you for only $16.05 $11/page Learn More What can I say? – Mutantur tempora et nos mutamur in illis†¦ For instance, in the early twenties, it was difficult to imagine that the generation of the 21st century will appreciate the things created long before its appearance. The construction which is considered to be the most important historical landmark in our days wasn†™t regarded as unusual in the early twenties. Thus, there were many other constructions (except the Aline Barnsdall Hollyhock House) which reflected Hispanic influences. For instance, George Washington Smith writes: Although several Spanish Revival buildings have been designed and constructed before 1915, it was the Exposition that presented this new style to Californians. The label, Spanish Colonial Revival, is appropriate, for Goodhue developed his buildings’ forms from the Spanish Colonial architecture of Mexico (30). So, there is no wonder that for people who were born in the 20th -21st centuries the Aline Barnsdall Hollyhock House is really a beautiful and unusual construction. Another point I would like to discuss concerns with the impact of LA’s ecology on the Hollyhock house configuration. Thus, some scientists suppose that there are social and political processes which cause natural disasters in Los Angeles; they think that such disasters as fire and floodin g are caused by people, and do not depend on climate peculiarities, certain weather conditions, etc. I would like you to become familiar with the opinion of Reyner Banham. According to him, there are four ecologies which must be taken into consideration while erecting a building. Thus, the beach, the freeways, the flatlands, and the foothills are recognized to be the most important ecologies. According to him, most of the monuments of the foothills are just such an earth-form. Moreover, the constructions which were built on the foothills are considered to be the most economical ways of building. Banham affirms that for the foothill ecology the only way to build a constriction is to scrap away the mountain until one gets enough horizontal surface. Banham states that:Advertising Looking for essay on architecture? Let's see if we can help you! Get your first paper with 15% OFF Learn More The effects of mountain-cropping techniques are obviously going to be profound, ecologically and otherwise. Without joining the chorus of doom from professional Jeremiahs at Berkeley and in the Sierra Club, I must still admit that it proposes a different kind of ecological disturbance to those previously practiced in Los Angeles. All building in foothill territory must involve some disturbance of the soil, the customary methods of working and designing did not alter the profiles of whole hills (89). The above-mentioned citation is also related to the Aline Barnsdall Hollyhock House and the Barnsdall Park. Works Cited Banham, Reyner. The Architecture of Four Ecologies. London, England: University California Press, Ltd., 2011. Print. Smith, W. George. Architect of the Spanish Colonial Revival. Gibbs Smith, 2005. Print. Hollyhock House. The Aline Barnsdall Residence. 2010. Web. Herr, Jeffrey. Aline Barnsdall Complex. 2007. Web. This essay on Hollyhock House/The Creative Community was written and submitted by user Mar1ana to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

buy custom Denial of Service in Computer Communication essay

buy custom Denial of Service in Computer Communication essay Introduction Denial of service (DoS) attack is usually hard to differentiate from other regular activities within a computer network. It can be associated with an observed reduction in response time while accessing information from a website or network that an attack is being undertaken. Denial of service in computer communication is thus defined as the incident whereby a hacker impedes usage of information and services by the rightful users, from a certain website or network. A hacker manages to prevent users from reaching their e-mails, information, online accounts in addition to other services that depend on the affected section of the network. Almost every computer user is vulnerable to these attacks (US-CERT;, 2004). This article will centre on understanding denial of service in a computer network or a website. It will draw out some of the effective ways of preventing such attacks. The most frequent and noticeable form of DoS attack takes place when a hacker fills a computer network with a lot of information, thereby affecting its computational capabilities. What follows is that when a person writes a URL (uniform resource locator) for a certain website into his or her browser, a request is sent to the server to allow the person view information in the site (US-CERT;, 2004). In case the website is overloaded with such request, its response time will be slow or even not be able to process the request at al. This is because the server can only process a definite number of requests at any given time. The user is therefore denied a service from the website. In addition, another common attack that results to denial of service is use of spam email messages. Every individual with an email account is allocated a particular quota, which helps to bind the information capacity that a person can have in his or her email account at any particular time (Abliz, 2011). When the attacker sends many email messages to the account, he utilizes the quota thereby preventing the person from receiving genuine email massages. Due to the recent increase in modern internet viruses, proportionate number of compromised computers and computer networks has ensued. As a result, these computers can be used to attack most of the websites (US-CERT;, 2004). Attackers normally end up extorting legitimate users huge sums of money to cease their attacks. Types of Denial of Service Attacks SYN Attack After a client sends a request to the server in a computer network, a session is established between them using the Transport Control Program (TCP). However, there is a small space that is left to take care of the messages used for initiating the session. They are packets of information which comprise of a SYN field that searches for the order in the swapping over of messages (Abliz, 2011). In this case, what a hacker does is to send a big number of connection prompts then cease from replying to them. As a result, the initial packet is left in the buffer thereby denying other genuine connection requests from being accommodated (Abliz, 2011). Although the packet is eventually dropped, it ends up denying other rightful users from accessing the information in the website. In case this problem occurs, a network administrato can employ local tools to mitigate it. The size of the buffer and the timeout period can be adjusted to minimize chances of its occurrence. Teardrop Attack In this type of attack, a hacker targets the manner in which a relatively large packet of information is handled by a router for fragmentation purposes by the internet protocol (IP). An offset is usually identified at the beginning of the first packet and the fragmented packets are later reassembled on reception (Vacca, 2009). Nevertheless, in case the computer on the receiving end does not have an established plan to handle this situation, the overall system can crash thereby denying its rightful users the required services. Smurf Attack In this type of attack, a hacker sends an Internet Protocol (IP) ping request to the receiving computer network. Consequently, this packet requests to be distributed to various hosts in the local network on the receiving end. This packet also specifies that it is from another website, which is intended to receive denial of service (Vacca, 2009). The target computer is therefore flooded with ping replies which prevent it from differentiating the actual traffic. Distributed denial of service attack This is an incident whereby a hacker uses someone else computer to launch an attack on another computer. The hacker normally takes advantage of the available weaknesses in someone else personal computer. He can use tools and software that forces someone else computer to send spam messages to certain email addresses (Vacca, 2009). This type of attack is known as distributed since it includes many computers and networks to initiate the attack. Handling DoS Attacks Generally, a person or an institution can defend itself from DoS attacks through preparation, detection and reaction stages. Preparation stage comprises coming up with a security policy, development of good and effective security protocols among other methods. This phase also ensures that the most important services are independent and therefore they are separate from each other (Dawson Raghavan, 2011). Furthermore, there is need to create a collaborative plan with the internet service provider in addition to other response plans at the event of an attack. The detection stage is supposed to occur automatically. In order to respond within the shortest time possible, the attack should be detected early enough (Molsa, 2006). The longer it takes for a network administrator to detect an attack, the more the loss incurred and possibilities of counteracting the attack. The other stage is known as the reaction phase. It comprises of two sub-sections, categorization and mitigation. In the categorization stage, the attacked user should authenticate if the attack is actually going on and also be able to evaluate it so as to identify the notable features of the attack. When the nature of the attack is identified, it helps in mitigation stage. For a long time, network administrators have been using labor-intensive procedures to respond to DoS attacks. These procedures are usually labor intensive since they involve tracing the route path of the attack traffic manually so as to identify the source. However, there are more elaborate automatic systems which are used to provide quick response to such attacks (US-CERT;, 2004). It is worth noting that reaction strategies usually centre on ways of mitigating the impacts of the attack. Defense Mechanisms Every host on the internet can be a target to DoS attack no matter how complex its security system is. The safety of computer networks is therefore dependent on how much protection is given to other hosts that are connected to the internet. It is of paramount importance to detect compromised computer devices connected to the internet to aid in protection against DoS attacks (Dawson Raghavan, 2011). The effectiveness in defending against DoS attacks is dependent on how fast attack is detected and counteractive measures employed. When connected to the internet, the following defense options should be employed to eliminate loopholes for DoS attack. Any service that is unnecessary should be done away with. This helps to reduce chances of exploitation by a hacker to access susceptible areas of the network attacks (Dawson Raghavan, 2011). Therefore, any application on a computer that is not in use or relevant, should be removed. Additionally, a firewall should be installed in any computer or network to monitor access to the network. The firewall helps to filter out the general public from accessing information that is shared in a local network. Connections to an ISP (internet service provider) is supposed to be well looked into. Also, access to the wireless Local area networks and other access routes to the internet should also be well monitored against attacks (Dawson Raghavan, 2011). This implies that routers should be well configured to prevent creating points of vulnerability. People should be encouraged to use passwords that are not easy to guess and that cannot be easily cracked by hackers. The passwords can also be changed from time to time. It is very important to use antivirus software that is always up to date. This will help to detect and eliminate viruses effectively (Vacca, 2009). Users should be very careful when accessing attached files and links sent through emails. They should also take caution while installing software on their personal computers (Vacca, 2009). There is need to read and understand the license agreement before software installation. However, most of the time, people do not pay attention to the license agreement requirements which defines the status of the contract between the user and the manufacturer of the software. Sometimes, these agreements allow third parties to access crucial information which can later provide best avenues for DoS attack. Conclusion Denial of service attacks is currently a common problem on the internet. It encourages cyber-terrorism and other related attacks on the internet that demands illegal extortions. It is an activity that can cost legitimate users huge amounts of money. The saddest thing is that there are readily available tools that necessitate execution of these illegal activities (Vacca, 2009). However, when effective defense mechanisms are employed as outlined above, an individual or an organization is safe from these threats. Buy custom Denial of Service in Computer Communication essay

An Early History of Forensic Entomology, 1300-1900

An Early History of Forensic Entomology, 1300-1900 In recent decades, the use of entomology as a tool in forensic investigations has become fairly routine. The field of forensic entomology has a much longer history than you might suspect, dating all the way back to the 13th century. The First Crime Solved by Forensic Entomology The earliest known case of a crime being solved using insect evidence comes from medieval China. In 1247, the Chinese lawyer Sung Tsu wrote a textbook on criminal investigations called The Washing Away of Wrongs. In his book, Tsu recounts the story of a murder near a rice field. The victim had been slashed repeatedly, and investigators suspected the weapon used was a sickle, a common tool used in the rice harvest. How could the murderer be identified, when so many workers carried these tools? The local magistrate brought all the workers together  and told them to lay down their sickles. Though all the tools looked clean, one quickly attracted hordes of flies. The flies could sense the residue of blood and tissue invisible to the human eye. When confronted by this jury of flies, the murderer confessed to the crime. Dispelling the Myth of Spontaneous Generation of Maggots Just as people once thought the world was flat and the Sun revolved around the Earth, people used to think maggots would arise spontaneously out of rotting meat. Italian physician Francesco Redi finally proved the connection between flies and maggots in 1668. Redi compared two groups of meat: the first left exposed to insects, and the second group covered by a barrier of gauze. In the exposed meat, flies laid eggs, which quickly hatched into maggots. On the gauze-covered meat, no maggots appeared, but Redi observed fly eggs on the outer surface of the gauze. Establishing a Relationship Between Cadavers and Arthropods In the 1700 and 1800s, physicians in both France and Germany observed mass exhumations of corpses. The French doctors M. Orfila and C. Lesueur published two handbooks on exhumations, in which they noted the presence of insects on the exhumed cadavers. Some of these arthropods were identified to species in their 1831 publication. This work established a relationship between specific insects and decomposing bodies. Fifty years later, the German doctor Reinhard used a systematic approach to study this relationship. Reinhard exhumed bodies to collect and identify the insects present with the bodies. He specifically noted the presence of phorid flies, which he left to an entomology colleague to identify. Using the Succession of Insects to Determine a Postmortem Interval By the 1800s, scientists knew that certain insects would inhabit decomposing bodies. Interest now turned to the matter of succession. Physicians and legal investigators began questioning which insects would appear first on a cadaver, and what their life cycles could reveal about a crime. In 1855, French doctor Bergeret dArbois was the first to use insect succession to determine the postmortem interval of human remains. A couple remodeling their Paris home uncovered the mummified remains of a child behind the mantelpiece. Suspicion immediately fell on the couple, though they had only recently moved into the house. Bergeret, who autopsied the victim, noted evidence of insect populations on the corpse. Using methods similar to those employed by forensic entomologists today, he concluded that the body had been placed behind the wall years earlier, in 1849. Bergeret used what was known about insect life cycles and successive colonization of a corpse to arrive at this date. His report convinced police to charge the previous tenants of the home, who were subsequently convicted of the murder. French veterinarian Jean Pierre Megnin spent years studying and documenting the predictability of insect colonization in cadavers. In 1894, he published La Faune des Cadavres, the culmination of his medico-legal experience. In it, he outlined eight waves of insect succession that could be applied during investigations of suspicious deaths. Megnin also noted that buried corpses were not susceptible to this same series of colonization. Just two stages of colonization invaded these cadavers. Modern forensic entomology draws on the observations and studies of all these pioneers.

LITERATURE Essay Example | Topics and Well Written Essays - 1250 words

LITERATURE - Essay Example Marduk is our next hero from Enuma Elish: The Babylonian Creation Epic. Marduk was born in Apsu, the region of fresh water beneath the surface of the earth. Ea, one of the gods created him and Damkina, his lover bore him. He suckled the teats of goddesses; he was powerful from the start. When Anu, his father’s begetter beheld him, he rejoiced. He made his grandson so perfect that his godhead was doubled. For were his eyes, four were his ears. When his lips moved, fire blazed forth. His four ears were enormous and likewise, they eyes. They perceived everything. Highest among the gods, his form was outstanding. His limbs were very long, his height outstanding. Our third hero is Jesus – God made man in The God of Job. In a mysterious manner, he is believed to b e whole god and whole man. His mother, the Blessed Virgin Mary, conceived him through the power of the Holy Spirit of God the Father Almighty. All this happened to fulfill what the Lord had said through the prophet: â€Å"The Virgin shall be with child and give birth through a son and they shall call him Emmanuel†, a name which means â€Å"God is with us† We can see by now that our three heroes of the Creation are all gods. But where as Jesus (Emanuel) is described as being kind and compassionate to his people, Marduk took advantage of his own, and the men of Uruk became anxious. The dramatic action and dialogue of the Babylonian Creation Epic can be compared to epic writing from the Epic of Gilgamesh and the Homeric epics, which treat human conflicts against a background of divine violence. The introduction of Enkidu into the epic of Gilgamesh was for the purpose of taming Gilgamesh, who, conscious of his own power, was taking advantage of the people of Uruk. The valiant Enkidu, a human counterpart of Gilgamesh himself, served as some kind of a check-and –balance so that,

Is Interstellar Space Travel Feasible Essay Example | Topics and Well Written Essays - 2000 words

Is Interstellar Space Travel Feasible - Essay Example ose Interstellar space travel has been developed with the help of which the scientists are able to explore the world beyond the realm of the planet Earth. However several questions are now being raised regarding the feasibility of interstellar space travel. In my view interstellar space travel is not a feasible option but on the other hand it is the only option through which the scientists can explore the world. Thus with further development of interstellar space travel the scientists will be able to achieve a feasible way to explore this world. This paper would explain all the aspects of the interstellar space travel and it would come to a conclusion as to if interstellar space is feasible or not. Interstellar space travel can be said to be the use of resources and transports to travel between stars. It can be seen that with the help of several way of transports involved in interstellar space travel one can be able to travel outside the earth and explore the universe. One important way of travelling to the space is by the use of rockets which has proved to be successful in the modern world. It is seen that scientists have been able to discover a lot about the planets and that is not with the help of interstellar space travel but interplanetary travel. In my view interstellar space travel is feasible only with a few changes otherwise it might put risk to several individuals involved in the process of interstellar space travel. It can be seen that travelling through stars is a much more complicated task than to travel from planet to planet. The main problem of travelling between planet to planet and planet to star is the comparative amount of distance between these two. The dis tances of the space are measured in a way through which the speed of a light is first measured. The speed of the light is measured as per the criteria of time so that one can know how much a beam of light can travel for a given set of time. Vacuum can be said to be a space which is devoid of

The Unredeemed Captive Essay Example for Free

The Unredeemed Captive Essay Some are born literary genius, some achieve literary genius, and some have literary success thrust upon them. As for John Demos in his book, ‘The Unredeemed Captive’ seems to be the blend of the last two categories. Through this book,   Demos takes you to the 18th Century, to explain the tension-ridden and violence-prone confrontation   between three communities (segments of a society).They are the puritan settlers of New England, the Roman-Catholic French of New France (currently parts of Canada) and the Native Americans.   It was a peculiar type of confrontation fought for several types’ self-interests. The conflicts, where religion, culture, race and territorial interests are involved. The story takes savage turns and the reading seriously affects the emotions of the readers! The contents of writing are a mixture of fact and fiction. The book has great historical significance. The mentioned communities then did not believe in peaceful negotiations to settle the ‘border disputes.’ They fought for territorial gains and the borders continued to shift and relocate. The mini-Hitlers were out to establish their moral and racial superiority. The animal tendencies in them surfaced forth and they did not hesitate to capture (kidnap) young girls belonging to the enemy camp, as war trophies, eventually for their sexual gratification.   John Demos is a Yale History Professor. His primary intentions and efforts in this book are to provide an objective analysis of the encounters between the mentioned ‘groups’. He has drawn upon the experiences of one family to achieve the objective in view. It is the John Williams family. Williams is a puritan minister. The family was captured in 1704 in their Massachusetts home by a group of Frenchmen and Native Americans. They were marched off to Canada. Of the seven members of the family his wife died en-route, Williams and four children were released later, his daughter Eunice became a convert (forced conversion?) to Catholicism to marry a Native American. Desperate attempts were made by the family for the return of Eunice to Massachusetts, but she came for short visits only to return back, till her death at the age of 95.   The stunning and heart-rending part of the story is that of Eunice. Remember, she was only 7 when she was captured—what values did her captors defend by torturing the mind of an innocent girl child? Religious principles? Cultural traditions? Racial superiority? Human values? Such persons deserve to be the offspring of the Satan. She was converted to Catholicism and married off at the age of 16, for which the perpetrators of such a crime can face severe punishment in the present times. Probably that was the age when male/female married as per the social customs prevailing then. Well, she spent the rest of her life, but what might be the thought-currents circling and torturing her mind within? Her 88 years of silent suffering is difficult for the printed pages to capture, the most sensitive and imaginative writer will not be able to probe the inner layers of her mind. If someone is able to do proper research on this mind, it can as well reveal the history of the century to which she belonged in the correct perspective.   Her life is a great example of the bitter fruits of cross-cultural bloody encounters. It is the saga of the perpetrators of the torture and those who were tortured. That God and destiny were often quoted to justify the cruel happenings shows the macabre and sadistic mind-set of the groups involved in those conflicts. It was an open exhibition of animal tendencies, by the two-legged devils   The Unredeemed Captive is a systematically researched history by John Demos. To sieve through the 300 year old data (the later 1600s) and make out a factual, historically relevant story is a skilled job. Demos has done justice to his job as the Professor of History. He knows the essentials of the history, the requirements of a research student of history. The research pages do make a slow reading, and that is no fault of the author. The narratives sections are quite fascinating. Basically, this book is written by a history man for the history people   In the present times also, people live dangerously in the border areas of a country, especially when the neighbors are unfriendly. This is the situation when civilization has made advancement and there are international laws for protection. Guess, what would have been the conditions 300 years ago, when might was right and jungle laws prevailed? John Demos describes well, with authority and proof, the dangers of living on the American frontiers in the early days of settling America, when the borders shifted constantly.   A tough subject has been chosen for the book and the area covered is vast.   One can not expect the book to make a good reading from page 1 to page 336. The first five chapters are very exciting; the flying start is the highlight of the book. The story and the incidents related to the family of John Williams are interesting and touching. The rest of the book is about facts, customs and traditions. One needs to make efforts to sustain the interest as for this portion of the book. But overall, the book is no drag.   Finally, the important points of the book: The clash of cultures of the diverse communities is well depicted. Through the personal tragedy of a family, the political story of an era has been told. The doomed role of the religion is described well. Eunice’s rejection of her own family is a mysterious psychological drama. But Demos shows the balanced approach in writing this part of the story, and does not blame exclusively any party involved in the conflicts.    References Cited: Demos, John, Book: The Unredeemed Captive. Publisher: Vintage; Reprint edition (March 28, 1995) ISBN-10: 0679759611 ISBN-13: 978-0679759614

Trip Hop Essay -- Music Philosophy Papers

Trip Hop Lush soundscapes infused with a rich layering of soulful guitar riffs, jazzy horns and atmospheric strings, interwoven with innovative sampling and grounded by a hip-hop beat, slowed to a brooding moody tempo. Words can barely frame the complexity that is Trip Hop music. It is a genre so startlingly refreshing and innovative that the term Trip Hop itself only came into existence in the mid 90s, in an attempt to describe a musical style that defies all known musical categories. Trip Hop is an obscure offshoot of the umbrella term of electronic music. Trip Hop draws from a kaleidoscope of influence of jazz, hip-hop, dub and drum and bass. The essence of Trip Hop is sampling, the remixing of snippets of music from the recordings of other artistes. As such, Trip Hop has often been accused of being merely a hybrid sample which stitches together imitations other genres, and is undeserving of being termed a musical genre in its own right. Should an art form which employs mimicry be discredi ted, as Plato suggests in Republic X? In the part of book X of The Republic, where he deals with the function of Art in the republic, Plato discusses the imitative quality of Art, the appeal of Art and Poetry, and the effects of Poetry and drama. Written in the form of a dialogue between Socrates and Glaucon, the main thrust of the argument asserts that God is the only one true creator and that all other forms of creativity are but mere imitations of the original idea conceived by God (820). Socrates charges the creative arts for being deceptive and far removed from realityand asserts the argument that creativity opposes logic and reasoning, appealing only to the emotions (828). The dialogue culminates in a call for the banishment of... ... corresponds to what Plato terms as "mimetic art" it surpasses mere plagiarism and elevates sampling to an intellectual art form through the creativity injected by personal interpretation. Works Cited Plato. The Collected Dialogues of Plato, Including the Letters. ed. Edith Hamilton and Hunington Cairns. Princeton:Princeton UP, 1961. Segal, Victoria. "On the Road-Portishead" VOX Feb 1998. PNYC. Portishead -Roseland New York. Portishead & Lemon Films Production. VCD, Polygram Video, 1998. Portishead Dummy. Go! Beat, 1994. Tricky Maxinquaye . Island Records, 1995. Borders-San Francisco Feature- An Electronic Music Primer http://www.borderstores.com/stores/57/hm_feature3.html Ink Blot Magazine's Trip Hop Habitat http://www.big-shot.com/inkbot/trip_hop_badger.htm The Breakbeat Primer http://www.plato.nl/e-primer/breakbeat.htm

Ambition as a Theme in Macbeth

In todays society, different themes such as ambition, good vs. evil, and believing in superstitions are still prevalent. Similar to Macbeth, many people will go great lengths in order to achieve their goals in life. Some are consumed with ambition to the point where it doesn't matter what the consequences are for their actions as long as they are satisfied. An example of this is seen when our economy fell into a deep recession as a result of ambitious business people. Good vs. evil is oftentimes viewed in todays society through our Justice system.It is this constant battle between the police and criminals that keep our society at balance. Superstitions play a big part in some cultures and are still prevalent in todays society. Just like Macbeth, people follow these superstitions that are put into their mind. They believe that there will be a bad outcome so, they follow these superstitions to keep out of danger or bad fortune. When the three witches informed Macbeth about his prophesy he was in shock but felt anxious for it to happen sooner than later.The ambition that made him want to fulfill that prophesy took a lot of wrong doing but he went ahead and did it anyways. The fact that his wife's ambition for Macbeth was even stronger than his own and encourages him even more to make that prophesy come true. In todays society there are many ambitious people out there because without ambition people wouldn't get very far and would Just give up. For high school teenagers their ambition may be wanting to attend a college of their choice and will work hard in order to omplete their goal.Along with ambition, violence is also s recurring theme in Macbeth because there was a murder in basically every act. Throughout the play there is a lot of killing, fighting and blood, which are all results of violence. No matter how much we wish violence wasn't around in todays society it is still present because of the disagreement between two parties. War is a big factor of violence because two countries or whoever cant come to an agreement so they result in violence.

Reality TV is a huge success to the television industry in the 1990s Essay

Reality TV is a huge success to the television industry in the 1990s. As a genre description, reality TV is widening its usage from ‘news magazine programmes based round emergency service activities’ to ‘talk shows, docusoaps’ and a variety of ‘first-person’ programmes (Creeber, 2001: 135). ‘Reality TV’ with extensive meaning becomes popular to describe ‘any factual programme based on an aesthetic style of apparent â€Å"zero-degree realism† – in other words a direct, unmediated account of events, often associated with the use of video and surveillance-imaging technologies’ (Creeber, 2001: 135). While Barnfield has criticized ‘the loose usage of the term, suggesting that over the last decade such a wide range of productions have been categorized as â€Å"Reality TV† that one wonders if the term is too general to be helpful'(Holmes and Jermyn, 2004: 3). It is true that ‘reality TV’ is not explicit enough in meaning. However, it is the best word applicable to all situations and never unilateral. It gives producers more space to innovate new programmes as to prosper this genre. Reality TV evolves with the development of new technologies. New sub-genres emerged as the hybrids of established genres. It challenges traditional documentary and changes the serious content to more entertainment elements. Every format is close to everyday life to convince the audience as ‘real’ programming. In the short history of only two decades, reality TV has evolved into various formats. I will focus on five main forms which have either had a remarkable effect on television history or unprecedented audience ratings with reference to relevant representative programmes of British television. Contested Generic Identification: Definition of Reality TV It seems difficult to issue a particular definition of ‘reality TV’ to attest to debates over it. As Su Holmes and Deborah Jermyn point out: Producing a particular definition of Reality TV is nevertheless complex. This is partly because of the fundamentally hybrid nature of the forms in question. Yet it is also because of the range of programming to which the term ‘Reality TV’ has been applied, as well as the extent to which this has shifted over time with the emergence of further permutations in ‘reality-based’ texts. (Holmes and Jermyn, 2004: 2) Jon Dovey characterised this genre by ‘reference to the dominant and original forms of Reality TV that feature police and emergency service work’ (Dovey, 2000: 80). In his opinion, as form and construction, reality TV should be: à ¯Ã‚ ¿Ã‚ ½ camcorder, surveillance or observational ‘actuality footage’; à ¯Ã‚ ¿Ã‚ ½ first-person participant or eye-witness testimony; à ¯Ã‚ ¿Ã‚ ½ reconstructions that rely upon narrative fiction styles; à ¯Ã‚ ¿Ã‚ ½ studio or to-camera links and commentary from ‘authoritative’ presenters; à ¯Ã‚ ¿Ã‚ ½ expert statements from emergency services personnel or psychologists. (Dovey, 2000: 80) These elements are helpful in interpreting the origins of reality programmes and in understanding its sub-genres and new development. Only by bearing these elements in mind can we make reference to relevant programmes when we trace back history to discuss the evolution of reality TV. Is it American Innovation? : Historical Precedent of Reality TV There is no consensus about the first reality programme. Jon Dovey thought that ‘Reality TV is generally historically located as beginning in the US with NBC’s Unsolved Mysteries in 1987’ (Dovey, 2000: 81). While Bradley D. Clissold considered that ‘during the years that it aired, Candid Camera (US, 1948- ), arguably the first ‘Reality TV’ programme, proved itself to be one of US TV’s most memorable, enduring and popular shows’ (Holmes and Jermyn, 2004: 33). There is a consensus that the earliest reality programme came out in America. In addition to these mentioned above, other commentators like Richard Kilborn, Chad Raphael and Gareth Palmer all agreed with this conclusion (Kilborn, 2003: 55; Palmer, 2003: 21). In the commercial environment in America, technologies like cable, satellite and digital prospered reality programmes in television market. However, reality TV as a television genre has evolved into ‘a very strong Eurpoean form with regional variations in each country’ (Dovey). In mid-1980s, when surveillance technology such as CCTV (closed-circuit television) became accessible, Britain produced its own reality programmes, which revealed real accidents, crimes and emergencies. By using CCTV footage, these reality programmes departed from traditional documentary and were quickly accepted by the curious audience because of their witness techniques. They were real shows without actors and noted for low-cost which was attractive to most programme-makers. Among these early reality programmes, Crimewatch (BBC, 1984- ) was most influential. Jon Dovey said it ‘has been seen as central to the development of the form, particularly in respect of debates around criminology and the media’ (Creeber, 2001: 135). Deborah Jermyn, who is experienced in studying television crime appeal, commented on Crimewatch: Promoting the growth of crime-appeal programming in Britain – with a format where serious unsolved crimes are reconstructed, police and victims’ families interviewed, images of suspects publicized and the public encouraged to phone in and volunteer information – by this time the series had comfortably established itself as Britain’s foremost crime-appeal programme. (Holmes and Jermyn, 2004: 71) The effectiveness of Crimewatch as a detergent to crimes has been under much debate. It entertained the audience, but it was weak as a warning to the criminals. As Jermyn commented: ‘indeed some criminals have claimed that the poor-quality CCTV footage they witnessed on Crimewatch actually gave them an incentive to commit crime’ (Holmes and Jermyn, 2004: 82). ‘The use of CCTV conspicuously enhances the programme’s claims to authenticity and underlines its sense of a privileged relationship with real crime and actuality, qualities which programme-makers evidently believe to be ratings winners’ (Holmes and Jermyn, 2004: 83). In this case it is exciting for the audience to see the ‘raw’ footage without caring much about its effect of crime appeal. These early reality programmes about crime appeal, accidents and emergencies formed a new documentary format, which was the precedent of a new genre-reality TV. Later popular factual entertainment programmes are based on these elements to innovate. Their effect is remarkable in a long term. ‘Fly-Off-the-Wall’: Video Diaries Known as Access TV The 1990s was a golden era for the prevalence of reality TV. Jon Dovey points out: ‘it seems that â€Å"ordinary people†, non-professional broadcasters, have never been more present on our screens’ (Dowmunt, 1993: 163). Camera is no longer simply ‘fly-on-the-wall’ to observe and record, but closes to the object to become active ‘fly-off-the-wall’. For a long time, access TV, as new reality television, has been in a great demand. According to Jon Dovey, ‘there are some fundamental principles that identify access programming; they centre around control and power over the programme-making process’, especially ‘the authors should have control over the whole process of representation’ (Dowmunt, 1993: 165). Camcorder and video technology opened up expansive space for access TV. ‘Non-professional broadcasters’ became a leading role in making these programmes. As Patricia Holland commented on this innovative style: The video diary style, in which programmes are made with domestic video equipment by members of the public rather than by television professionals, has introduced a new way of making programmes. Low-tech, with a less polished appearance, they seem to bring the audience even closer to the realities they show. (Holland, 1997: 158) Video Diaries, produced by the BBC Community Programme Unit from 1990-1999, was a representative of access TV. From these series of programmes, Jon Dovey noted: the Unit solicits and researches ideas from potential diarists with a compelling story to tell. Once chosen, the diarist is trained in the use of an S-VHS camera and packed off to shoot their story, with support from the Unit should it be needed. In this way the diarists are given not only editorial control but also control over the means of production. They return with anything up to 200 hours of material and attend all the edit sessions, from an initial assembly which is viewed and discussed at length to the offline and online edit processes. (Dowmunt, 1993: 167) The format of Video Diaries is a development of documentary. Gareth Palmer has explained that it ‘imported the authorizing and legitimizing discourse of documentary into the personal, and in doing so it imported also documentary’s ordering principle into individual lives’ (Palmer, 2003:168). It was popular to the audience and also gained acclaim from the critics because of its flexibility in recording reality. Nevertheless there were debates that the producers had already controlled the programme by selecting the diarists, and there were also problems of quality and legality. New Observational Documentary: Emergence of Docusoap Docusoap is one form of the new observational documentary and one sub-genre of reality TV. It is a hybrid of documentary and soap-opera. It improves from serious documentary to emphasize on entertainment, especially everyday lives. ‘Developed in the UK in the mid-1990s, the docusoap enjoyed unprecedented success for roughly a four-year period (1996-2000)’ (Kilborn, 2003: 87). Docusoap combines documentary and drama. There are elements of narration, interviews and background music, and similar sequences as soap-opera. Each episode has a certain title and focuses on character, personalities, plot or situation. Technological advances promote the development of new observational documentary. New technologies like lightweight cameras, ‘portable sound equipment’ and ‘non-linear editing system’ accelerate editing process with better quality and effect. Besides, financial benefits also attract producers to choose new technologies. ‘As Paul Hamann has commented, docusoaps already cost on average only a third of the price of the equivalent in light entertainment or sitcoms’ (Bruzzi, 2000: 77). The entertainment factor of docusoap makes it popular with audience. Driving School ‘peaked at 12.45 million’ viewers (Bruzzi, 2000: 86). It ‘focused on the trials and tribulations of people preparing for their driving test’ (Kilborn, 2003: 96). Compared to the core character of reality TV, docusoap is blamed to be less factual with aesthetic reconstruction. According to Bruzzi: The sequence most frequently cited is that in which Maureen Rees, on the eve of another attempt at her theory exam, wakes in the middle of the night and asks her husband Dave to test her on the Highway Code. The sequence is a reconstruction, and Jeremy Gibson (head of BBC Television Features, Bristol) and others have gone on record exonerating themselves from blame, commenting that, having gleaned that Maureen did get up at night ghrough panic, it was perfectly legitimate to recreate such a sequence without the film crew having to camp out in her bedroom for an entire night. (Bruzzi, 2000: 87) The producers’ intervention revealed obvious dramatic skills, which aimed at telling a complete story. In any case, under these circumstances one can never expect a totally natural performance from the character with the presence of camera. These factors make docusoap not so ‘real’, but the audience appreciate it for the entertainment value and these factors do not affect their enjoyment. However, by the end of 1990s, this new documentary format had gradually lost its popularity. Critics and executives of TV channels began to complain the similar content with in the same format between series. It was also blamed as a challenge of ‘serious’ documentary. Then new factual programmes emerged and replaced docusoap in TV schedules. Docusoap is remembered as a creative hybrid of documentary and fiction with high ratings in the history of reality TV. Serve the Public: Prevalence of Lifestyle Lifestyle is another sub-genre of reality TV, of which BBC has been one of the biggest providers (Gareth Palmer; Holmes and Jermyn, 2004: 173). It originated in the 1990s and is still popular today. It occupies a large part of TV schedule, shown usually in the daytime and prime time. There is ‘a series of choices in dà ¯Ã‚ ¿Ã‚ ½cor (House Invaders [Bazal for BBC1, 1999-2002], Changing Rooms [Bazal for BBC1, 1996- ]), clothes (What Not To Wear [BBC2, 1999- ]) and manner (Would Love To Meet [WLTM, BBC2, 2001-3])’ (Holmes and Jermyn, 2004: 174). People now have strong sense that they are citizens and consumers. They are eager to improve their lives. Many are glad to show their private life in front of camera. For habitus, Gareth Palmer commented: ‘Britain is a nation of homeowners clutching close the belief that the home represents a sort of castle. Hence, it makes sense to produce programmes aimed at the house-proud’ (Holmes and Jermyn, 2004: 179). For fashion, according to Palmer, ‘in looking at fashion programming we come closer to seeing how the individual should ideally be styled according to the new class of experts’ (Holmes and Jermyn, 2004: 181). There is a debate as to whether fashion shows need be bitchy. Palmer has an interesting opinion: ‘fashion without bitchery, like academia without snobbery, is inconceivable’ (Holmes and Jermyn, 2004: 184). Bitchery makes fashion programming as amusement. It does happen frequently in our life, which is a factual element of lifestyle. Lifestyle programming is an innovation that television is not only observing people’s life, but also changing people’s way of life. It ‘serves the audience’ by giving instructions, which is the nature of European television, compared to ‘marketing the audience’ of American commercial television (Ang, 1991). Lifestyle is a good illustration how culture affects social life. New Interactive Reality Show: World Success of Big Brother Endemol’s ‘jewel in the crown’, Big Brother was thirty months in development and was the brainchild of co-principal, John de Mol. First broadcast on Veronica in 1999 and an immense ratings success, the programme has been adapted in over eighteen territories in Western Europe, the UK, the US and elsewhere. (Albert Moran, the Global Television Format Trade; Hilmes, 2003: 120) Big Brother, a new reality programme is based on established genres such as game show, quiz show, documentary and soap opera. It is a social experiment, in which we witness the reaction of the participants to their new environment and changing circumstances are often beyond their control. With the feature of game show, Big Brother sets its game rules as: The programme involved ten housemates interned together over a ten-week period in a specially designed hermetically sealed environment. The housemates were supplied with food and drink and had access to all amenities, but were isolated from all contact with the media and the outside world; there were no television sets, radios, newspapers. Every week each housemate had to nominate for eviction two fellow-contestants; the two with the highest number of nominations would then be subject to public voting. It was the role of the public to select, by telephone vote, which of the two was to survive. By the final week there would be only two housemates remaining the winner was decided by the public, and took away a cheque for à ¯Ã‚ ¿Ã‚ ½70,000. (Palmer, 2003: 182) From the above description, it is obvious that this programme innovatively uses interactive voting. The audiences have opportunities to join the programme and play a crucial role in deciding the result. In early 1990s, Mike Wayne criticized programmes at that time: ‘broadcasters and programme makers have paid relatively little attention to the way in which people watch television. They have been concerned with how many people see a programme, rather than the way audiences interact with the images on the screen: what they absorb, what they challenge and what they discard’ (Hood, 1994: 43). It seems that Big Brother answers all these criticisms. Compared to the audience, the participants are powerless to control the programme. They are observed at all times and their lives are exposed to the public. ‘We’ve been looking at the housemates through the eyes of thirty-one unforgiving cameras – we have seen them at their best and also at their worst’ (Ritchie, 2001: 279). What they need is just to relax and enjoy their time. ‘For all of them, without exception, it has been an amazing experience. They have learned a great deal about themselves, and the rest of us have learned not just lots about them, but also about human nature in general’ (Ritchie, 2001: 279). However, all the participants are under much pressure exposing their lives to millions of audience. There is probably some negative effect on the psychology of most participants. Gareth Palmer calls the programme ‘a psychological experiment’. Programme experience is not always as wonderful as Ritchie’s comment in the above paragraph. In Sweden there was a suicide of a participant on a similar programme (Palmer, 2003: 185). So in Big Brother ‘a team of mental health professionals will oversee both the selection process and the psychological well being of the participants while they are in the house’ (Palmer, 2003: 185). Big Brother creates a small society for the housemates away from the outside world. There are conflicts and also friendship. The participants are competitors and also partners. As the audience watch the trivia of their daily routine, the voiceover commentary helps them understand the situations. Big Brother, a hybrid of different forms with popular interactive elements, is a new format of reality TV. It is leading a new trend of reality programming. Many independent television production companies are professional and experienced in making these new reality shows. Channel 4 and ITV, such non-mainstream commercial channels have shown many this kind of reality programmes. The audience are looking forward to more innovation of reality TV. BIBLIOGRAPHY Allen, R. C. and Hill, A. (2004) the Television Studies Reader, London: Routledge Ang, I. (1991) Desperately Seeking the Audience, London: Roughtledge Bruzzi, S. (2000) New Documentary: A Critical Introduction, London: Routledge Creeber, G., Miller, T. and Tulloch, J. (2001) the Television Genre Book, London: British Film Institute Dovey, J. (2000) Freakshow: First Person Media and Factual Television, London: Pluto Press Dowmunt, T. (1993) Channels of Resistance: Global Television and Local Empowerment, London: British Film Institute Gunter, B. and Svennevig, M. (1987) Behind and in Front of the Screen: Television’s Involvement with Family Life, London: John Libbey Hilmes, M. (2003) the Television History Book, London: British Film Institute Holland, P. (1997) the Television Handbook, London: Routledge Holmes, S. and Jermyn, D. (2004) Understanding Reality Television, London: Routledge Hood, S. (1994) Behind the Screens: the Structure of British Television in the Nineties, London: Lawrence & Wishart Limited Kilborn, R. (2003) Staging the Real: Factual TV Programming in the Age of Big Brother, Manchester: Manchester University Press Ishikawa, S. (1996) Quality Assessment of Television, Luton: John Libbey Media Livingstone, S. and Lunt, P. (1994) Talk on Television: Audience Participation and Public Debate, London: Routledge Macdonald, K. and Cousins, M (1996) Imagining Reality: the Faber Book of Documentary, London: Faber and Faber Limited Palmer, G. (2003) Discipline and Liberty: Television and Governance, Manchester: Manchester University Press Ritchie, J. (2001) Big Brother 2: the Official Unseen Story, London: Channel 4 Books Swallow, N. (1966) Factual Television, London: Focal Press Limited Winston, B. (1995) Claiming the Real: the Documentary Film Revisited, London: British Film Institute

Employment Law Racial Discrimination Essays

Employment Law Racial Discrimination Essays Employment Law Racial Discrimination Essay Employment Law Racial Discrimination Essay Employment Law: Workplace Racial Discrimination October 3, 2011 Employment Law: Workplace Racial Discrimination A number of federal and state laws prohibit racial discrimination. Racial discrimination is the practice of letting a persons race or skin color unfairly become a factor when deciding who receives a job, promotion, or other employment benefit. It most often affects minority individuals who feel they have been unfairly discriminated against in favor of a Caucasian (or white) individual, but there have been recent cases where whites have claimed that reverse discrimination has occurred- that is, the minority received unfairly favorable treatment at the expense of the white individual. Racial discrimination in the workplace has been a challenging issue for the United States since awareness rose in the 1960s. Blacks and other minority workers have faced intimidation, harassment and subtler forms of racism such as the difficulty of landing a job or promotion, even when they have the requisite qualifications. The United States has been actively combating racial discrimination in the workplace for 46 years, yet challenges remain. Many people do not really know much information on how racial discrimination at workplaces may take place, but many concerns can be answered with these following questions: 1. How long has racial discrimination at workplaces been going on for? 2. What are the laws on racial discrimination about? 3. What are some reasons for racial discrimination? 4. What is required to prove a racial discrimination case? This review on Employment Law focuses on these four questions. How long has racial discrimination at workplaces been going on for? Workplace racial discrimination is not something that has just recently started. The truth is, racial discrimination in the workplace has been taken place since the 1960s. In the aftermath of the Civil War, the United States abolished slavery and gave blacks the legal right to join the workforce. However, blacks had little protection from discrimination in employment, education, voting and other realms. Black workers felt they did not receive fair consideration for job openings, or for promotions after joining a business. Instances of outright segregation in the workplace were a means of isolating minorities from fellow workers or customers, as well as from co-workers who intimidated them. What are the laws on racial discrimination about? The main law and act dealing with racial discrimination at the workplace is Title VII of the Civil Rights Act of 1964. The Civil Rights Act of 1991 created changes and the Equal Employment Opportunity Commission was created as part of the Civil Rights Act of 1964. Title VII of the Civil Rights Act protects individuals against employment discrimination based on race and color as well as national origin, sex, or religion. It is unlawful to discriminate against any employee or applicant for employment because of his/her race or color in regards to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job related. Equal employment opportunity cannot be denied because of marriage to or association with an individual of a different race; membership in or association with ethnic based organizations or groups; or attendance or participation in schools or places of worship generally associated with certain minority groups. â€Å"Facts about Race/Color Discrimination†, middle sec. ) Basically, Title VII prohibits any decisions made by an employer if the decision is based on any one of these, because most of these traits are things that employees cannot control. For example, an article titled â€Å"Bias Suit against Del Taco Broadens†; talks about black employees who feel th eir employer are discriminating against blacks who are qualified for a job, instead the employer hires Latinos. Rochelle Manuel, a former cashier who is African American, witnessed a Latina supervisor at a Cypress Del Taco refuse to give job applications to blacks or take completed ones from them. The black applicants were told the restaurant was not hiring, while the Latina manager routinely gave applications and even jobs to Latinos†. (Ballon, 2002, 5th para. ) The suit is still going on, so there is no verdict at this time. Under the Civil Rights Act of 1991, employees who won a case after suing their employer for racial discrimination received punitive monetary damages instead of just monetary damages. The difference between the two are that with punitive monetary damages employees get pain and emotional suffering, future lost benefits and wages, and more, while with monetary damages employees just get lost benefits and wages, attorney fees and any other legal costs for the suit filed. In reality, the employee gets more money. To oversee the federal civil rights legislation, a separate administrative body was created as part of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission, or EEOC, was created to enforce laws that prevent discrimination based on race, sex, color, religion, national origin, disability, or age when hiring, firing, or promoting employees. Four groups- race, color, sex, and creed- were given protected status under the law, which was to be upheld by the EEOC. The commission is an independent regulatory body that has the power to launch investigations, file lawsuits, and create programs to eliminate discrimination. The EEOC has been a controversial organization throughout its nearly 40-year history. Liberal politicians believe that the agency was long overdue and that it is absolutely imperative that the agency be proactive in identifying and fighting discrimination in the courts, while conservatives believe that the organization is a perfect example of big government that intrudes far too deeply into citizens lives. The agencys strong enforcement of affirmative action policies (which actively seek to promote minorities over equally qualified nonminorities in order to address past discrimination) has been its most controversial action, as many Americans oppose affirmative action. Even with political opposition, the EEOC continues to be effective in fighting racial discrimination. The EEOC establish E-RACE (Eradicating Racism and Colorism from Employment. E-RACE was initiated to improve EEOC’s efforts to make sure workplaces were free of color and race discrimination. What are some reasons for racial discrimination? There are really not any real reasons for racial discrimination. At least, there are not any that would make the situation considered as legit. Some employers may racial discriminate against their employees for the simple fact that do not really care for the employee race or what race the employee associate with, or may not want the employee to work for them because the employer do not like the color of the employee skin, which is illegal under Title VII. â€Å"Title VII of the Civil Rights Act of 1964 makes it illegal for an employer to discriminate against individuals because of their race†. (â€Å"Race Discrimination in the Workplace†, Browne, 2nd para. As stated earlier, racial discrimination is the practice of letting a persons race or skin color unfairly become a factor when deciding who receives a job, promotion, or other employment benefit. Although most racial discrimination cases are based on minority, this is not necessarily always the case. For example, there is reverse discrimination where whites will sue for racial discrimination instead of the minority. What is required to prove a racial discrimi nation case? A case on racial discrimination cannot just be established by a person saying that they have been mistreated on the job. Evidence is required. Under Title VII for a case to be established against an employer the employee must show that (1) he or she is in a protected class, (2) the employee applied for a position which he or she was qualified for, even though he or she was qualified for the position, the employee did not get the position, (3) the position is still open after the employee did not get hired , and finally (4) the employer still try to find someone to hire when the employer just rejected the qualified employee. In the employer defense of the case, the employer must show that the action he or she took against the employee was for a legitimate, nondiscriminatory reason. For example, an article titled Seventh Circuit Holds No â€Å"Token† Exception in Title VII Discrimination Cases, talks about five Hispanic employees at Kraft Foods Global, Inc. feel their non-Hispanic supervisor, Peter Michalec was discriminating against them. The five employees said Michalec had them cleaning the parking lot and sewage during the winter, but non-Hispanic employees did not have to do those things. He also made racial slurs and comments to them. Two of the five employees signed up for an open position within Kraft and later found their names scratched off the sheet and they were not considered for the position. The five employees try to apply for positions within Kraft, but they cannot get the position and are not even considered for the position because of Michalec. One of those five employees ends up getting a sanitation position, but she was assigned to night shift. Night shift was normally given to a male. Therefore, the employee asked Michalec why she had to be on night shift and he said, â€Å"He placed another new-hire into the day shift position because he was white like me and because he had a family to take care of†. (Abrahams, McFetridge, 2011, 3rd para. The five employees sued Kraft for discrimination in violation of Title VII of the Civil Rights Act. Only one won because she had evidence, which she settled out of court while three, tried the case again. After this evidence is shown the employee must demonstrate that the other employees receiving the higher wages perform substantially equal work on jobs requiring equal skill, effort fort, and responsibility. Finally, it m ust be shown the jobs that are being worked are performed under all of the same working conditions. Like this act, any other laws and acts require that there is evidence given to prove that discrimination is actually taken place. Any type of discrimination on the workplace should not be accepted. It is good to have all the laws and acts that prohibit discrimination. Any employer who in an hire up position such as a manager or supervisor should be setting examples to their employees, and shouldn’t engage in discrimination towards anyone that’s working for them. Working in a place with these kinds of things going on could affect the atmosphere at the workplace. Discrimination simply should not have to take place. References Equal Pay and Compensation Discrimination. (n. d. ). US EEOC Home Page. Retrieved September 6, 2011, from eeoc. gov/laws/types/equalcompensation. cfm Hinckley, M. (n. d. ). History of Workplace Discrimination | eHow. com. eHow | How to Videos, Articles More Trusted Advice for the Curious Life | eHow. com. Retrieved September 6, 2011, from ehow. com/about_6637038_history-workplace-discrimination. html Laws Prohibiting Discrimination in the Workplace. (n. d. ). HRhero. com: Employment Law Resources for HR Managers. Retrieved September 6, 2011, from hrhero. com/topics/discrimination. html