My Brother free essay sample

Ive done many things that would make any parent proud. Iveparticipated in sports, church and school events, but I ammost proud to be a good big brother. Its an ongoingaccomplishment; I am second oldest in a family of six. Thereisnt too much out there I wouldnt do for my siblings, asannoying as they can sometimes be. When you think ofbig brothers, do you think of a big, strong guy who will beatup all the bullies? Or do you think of a big brother as thebully who needs to be beaten up? When I think of big brothers,I think of the guy who defends the family and always looksafter the younger (or even older) siblings. I have to watchover four sisters and a brother, plus myself. Thats quite atask, but one I feel I have gotten good at. Mybrother needs more attention than most siblings. We will write a custom essay sample on My Brother or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page When he wasnine, he was hit by a pick-up truck on the way to the bus stopand lost use of the lower two-thirds of his body. Hes been ina wheelchair for six years. My brother does many things, butsometimes he tries to do things he used to do but cant now.Im always there with words of encouragement. My familyhas weathered the tremendous storm of my brothers accident bybecoming closer than most families, helping one another as ason and brother, a daughter and sister, and a mom or dad. Wecried on each others shoulders and, with the support of eachother and the grace of God, all of my family, including mybrother, has recovered from this emotional trauma. Inow watch my brother strive to do as many things as he canwithin and beyond his limits. Should he fall, I will be theperson to pick him up. I also watch as my younger sistersmature into intelligent, beautiful young women. Whenever mybrother or sisters need a helping hand or words ofencouragement, Im on the job. Thats what I, the big brother,am for.

Origin of Miranda Rights and Warning

Origin of Miranda Rights and Warning Ernesto Arturo Miranda was drifter and a career criminal who from age 12 was in and out of reform schools and state and federal prisons for various crimes including auto theft and burglary and sex offenses. On March 13, 1963, at age 22, Miranda was picked up for questioning by the Phoenix police after the brother of a kidnap and rape victim saw Miranda in a truck with plates that matched the description that his sister had provided. Miranda was placed in a lineup and after the police indicated to him that he had been positively identified by the victim, Miranda verbally confessed to the crime. That's the Girl He was then taken to the victim to see if his voice matched the voice of the rapist. With the victim present, the police asked Miranda if she was the victim, to which he answered, Thats the girl. After Miranda said the short sentence, the victim identified his voice as being the same as the rapist. Next, Miranda was brought to a room where he recorded his confession in writing on forms with preprinted terms that read, †¦this statement has been made voluntarily and of my own free will, with no threats, coercion or promises of immunity and with full knowledge of my legal rights, understanding any statement I make can and will be used against me.   However, at no time had Miranda been told that he had the right to remain silent or that he had the right to have an attorney present. His court assigned attorney, 73-year-old Alvin Moore, tried to get the signed confessions thrown out as evidence, but was unsuccessful. Miranda was found guilty of kidnapping and rape and was sentenced up to 30 years in prison. Moore tried to get the conviction overturned by the Arizona Supreme Court, but failed. U.S. Supreme Court In 1965, Mirandas case, along with three other cases with similar issues, went before the U.S. Supreme Court. Working pro bono, attorneys John J. Flynn and John P. Frank of the Phoenix law firm Lewis Roca, submitted the argument that Mirandas Fifth and Sixth Amendment rights had been violated. Flynns argument was that based on Miranda being emotionally disturbed at the time of his arrest and that with a limited education, he would not have knowledge of his Fifth Amendment right to not incriminate himself and that he was also not informed that he had the right to an attorney. In 1966, the U.S. Supreme Court agreed, and in a landmark ruling in the case of Miranda v. Arizona that established that a suspect has the right to remain silent and that prosecutors may not use statements made by defendants while in police custody unless the police have advised them of their rights. Miranda Warning The case changed the way police handle those arrested for crimes. Before questioning any suspect who has been arrested, police now give the suspect his Miranda rights or read them the Miranda warning. The following is the common Miranda warning used by most law enforcement agencies in the United States today: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense. Conviction Overturned When the  Supreme Court  made its landmark Miranda ruling in 1966, Ernesto Mirandas conviction was overturned. Prosecutors later retried the case, using evidence other than his confession, and he was convicted again and sentenced to 20 to 30 years. Miranda served 11 years of the sentence and was paroled in 1972. When he was out of prison he began selling Miranda cards that contained his signed autograph. He was arrested on minor driving offenses a few times and on gun possession, which was a violation of his parole. He returned to prison for another year and was again released in January 1976. Ironic End for Miranda On January 31, 1976, and just weeks after his release from prison, Ernesto Miranda, age 34, was stabbed and killed in a bar fight in Phoenix. A suspect was arrested in Mirandas stabbing, but exercised his right to remain silent. He was released without being charged.

Low-Cost Gift Ideas for College Students

Low-Cost Gift Ideas for College Students If youre like most college students, buying gifts present a complicated dilemma: Youd like to give nice presents but you are, after all, a college student trying to live on a budget. So how can you balance wanting to give nice presents with the limits of your bank account? Luckily, there are ways to give low-cost gifts without coming across as cheap. 8 Low-Cost Gift Ideas for College Students Print out and frame a nice picture. With everything being digital these days, try to remember the last time someone gave you a printed-out picture that you can hang on your wall and how nice that present was (or would be!). If youre really short on cash, print something at the highest quality available on your printer and make a nice frame to match. Give a simple college-themed gift. While the $60 sweatshirts in the campus bookstore are pretty nice, they might also be out of your budget. See what else you can find that celebrates your time in school while costing a little less. Keychains, bumper stickers, t-shirts on the clearance rack (will your cousin really know?), plastic cups, and lots of other presents can be had for under $10 and even under $5, if you really spend some time looking. Give the gift of time. Money may be in tight supply for you, but time may not be especially if you need a gift for the holidays when youre home on break. Consider planning a nice walk with your mom, ​volunteering with your dad, hanging out with your friend at his work one afternoon, or even babysitting for your parents so they can get some time to themselves. Make something from scratch. Nearly everyone has some kind of creative talent. Think about what you do best and run with it. Can you write a few poems? Paint a picture? Mold something out of clay? Take some awesome photographs? Make something from wood? Write a song? Record yourself singing your mothers favorite tunes? Dont sell yourself short as a great source of gifts you can make completely on your own. Put together a piece of your life at college. It doesnt have to be fancy to be effective. If, say, your grandmother never had the chance to go to college, put together a shadow box or collage of images from your time in school. You can collect things like stickers, fall leaves, a page from the course catalog, or articles from the school paper to give her a piece of what your college life is like. Make a memory box for an old friend or family member. You can probably find a nice little box somewhere on campus or at a local big box or drug store. Cut up some nice pieces of paper and write a cherished memory of you and the person youre giving your gift to; fold them over once or twice; Then write a nice card that explains the gift and says how often they can unwrap one of the little memories in the box (once a week? once a month?) It can be a great trip down memory lane for you and a very personal, meaningful gift for an old friend or beloved family member. Frame a design you make. Who says only a photograph can go in a picture frame? Start with a piece of paper and get creative. Print or cut out quotes about the importance of education, snip headlines from your school paper, take (or sketch) a picture of your school as long as you put together something with a similar theme (e.g., your campus), its hard to make a homemade gift like this look bad. Let your creativity flow without worrying about the cost. Switch up a usual gift into something different. Dinner and a movie is a pretty classic gift for a girlfriend, boyfriend, or even a parents birthday. But if your money is tight, you can switch things up to have an equally good time without the high cost. Consider, for example, going to breakfast and a movie. The food bill will be cheaper, your movie will likely be a matinee (and cheaper than an evening film), and you and the person you take will have a unique experience, too.

Journal Assignment Example | Topics and Well Written Essays - 250 words - 42

Journal - Assignment Example However, it is not possible without reference to other ethical and religious values​​, such as the purity of the soul and the mind. I strongly believe that everyone should strive to live an honest and righteous life without harming anyone. In addition, my religious beliefs have been influenced by the religious values ​​of people of other religions such as Buddhism and Islam. Buddhism attracts me with its special emphasis on harmony with the outside world, which is perceived as a living organism. In turn, in Islam, I drew attention to the religious conviction of the need to maintain a modest life. My personal experience as well as acquaintance with representatives of other religions allowed me to choose the most valuable religious values ​​that are the basis of my daily life, namely, modesty, honesty, willingness to help another person, and self-improvement. Making an integral part of my everyday life, they are my spiritual reliable

The Molecular Mechanism That Make Staphylococcus Aureus Resistant To Essay

The Molecular Mechanism That Make Staphylococcus Aureus Resistant To Antibiotics - Essay Example Once this critical function is affected the bacteria cannot carry out its normal functional roles, and it is eliminated from the ecosystem. Antibiotics bind to proteins making them lose theirs capacity to carry out normal functions. Proteins normally replicate DNA, resulting in cell walls for bacteria or proteins for definite purposes. According to Talaro (2006), these processes are extremely vital in the functioning of bacteria. On the other hand, if bacteria develop resistance to antibiotics, then the drugs’ ability to stop or control their growth fades away; hence, bacteria continue to thrive even when they are exposed to them. This is caused by molecular mechanisms of the bacterial species that render the antibiotics functionless. The resistant species cause infections which cannot be treated with the usual formerly effective drugs, dosages and concentrations that treated the disease successfully. This resilience might be caused by internal mechanisms or acquired from othe r external sources. Resistance to multiple antibiotics as shown by some pathogens is called Multidrug Resistance (MDR). A term superbug has now been coined and is used to refer to the same. Microorganisms have an important trait of being able to adapt fast to their environment hence can survive for a long time without being eliminated. Disease causing pathogens have become a serious threat in medicine due to their resistance to antibiotics. ... There are different lines of antibiotics such as first, second and possibly third. Drug resistant microorganisms may have acquired resistance to the first line of antibiotics hence causing the need to use the second line of antibiotics. The first line of these antibiotics is usually selected based on several advantageous factors which include safety, availability and their cost. In contrast the second line agents usually have a broader spectrum compared to those in the first line. They possess a less favorable risk benefit to the users and maybe more expensive and not accessible in the local marketplace. Resistance to the second and occasionally to the third line of antibiotics is usually acquired in a sequential manner (Bauman, Machunis-Masuoka, and Tizard, 2004). This is usually well illustrated by a bacterial strain called staphylococcus aureus, which is discussed abundantly in this essay. Resistance may be due to mutation which can either be spontaneous or induced by other factor s. It may also be through gaining resistant genes from other resistant bacterial species. This is through horizontal gene transfer which may occur through conjugation, transduction or transformation. These antibiotic resistance genes usually reside on the plasmids expediting their transmission. Contact with antibiotics necessitates natural selection, leading to the survival of organisms with resistant genes. This causes the gene for the antibiotic resistance to spread easily through an ecosystem of bacteria. Staphylococcus Aureus Staphylococcus aureus is a bacterium that has shown resistance to antibiotics for a long period. This resistant pathogen is located on its hosts’ mucous membranes and human skin, is extremely resistant

Surgical quality improvement Essay Example for Free

Surgical quality improvement Essay Through a review of blood utilization in the surgical units, the administrative manager of clinical operations for a large hospital noted what she believed to be a significant variation in the number of transfusion orders being placed per surgical case among the surgeons on staff. She brought the question to the surgical quality improvement committee, and the committee initiated a review of current standard practice for ordering transfusions within the surgical units of the hospital and also a review of best practices as supported by current research evidence. They discovered that the evidence from transfusion research revealed that transfusion therapy can result in a variety of adverse patient outcomes, including the transmission of infection diseases and allergic reactions. As a result, the hospital medical staff moved to adopt as its general â€Å"best practice† for transfusion ordering: a minimum hemoglobin concentration of 7g/dL (21% hematocrit) as an indication for red cell transfusions and a 10g/dL hemoglobin concentration (30% hematocrit) as a level at which transfusion therapy usually is unnecessary. After the approved â€Å"best practice† guideline was introduced to the medical staff, a blood utilization dashboard was developed that helps responsible clinical managers identify at the physician level when transfusion orders are placed contrary to the guideline. Having this information available enables the clinical manager to address the issue on a unit or with the individual physician involved. Use of this dashboard has resulted in significant reduction in the variation in transfusion ordering practices among the medical staff and a significant reduction in blood utilization, which equates to a significant reduction in costs of maintaining the blood supply, and an improvement in patient outcomes. Questions: 1. What data elements must be accessed from the clinical data repository to drive the blood utilization dashboard? Explain. 2. What clinical data systems might this data come from? Explain. Support your answers from the text, supplemental readings, and any other applicable resources. APA Page Setup: Pages should be set with 1-inch margins. Font should be 12-point Times New Roman. Lines should be doubled-spaced throughout the document, without extra spaces at the top or bottom of the page or between paragraphs or sections. A complete document includes a title page, an abstract (if the instructor requires it), the body of the paper, a reference list, and appendices (if indicated). The paper should be 1 to 2 pages in length, not including cover page. Latour, K. M., Maki, S. E., Oachs, P. A. (2013). Health information management: Concepts, principles, and practice (4th ed.). Chicago: AHIMA Press.

My Angels :: Personal Narrative

My Angels It wasn't until I started to write this testimony that I realized that there are two special angels in my life. One in heaven and one on Earth. I had the general reasoning of any teenager: run to your closest friends, boyfriend, girlfriend, family, teachers for solutions to your problems, or for guidance, but that's not always so. Sure, some good friends and family are close enough to relate to, but it's the people that can read your face like a book that I am speaking of. The people that always bring a smile to your face even when you're in your deepest turmoil. These are your angels. Adam has been and always will be my angel. He was my salvation when I was weak, my shoulder to weep on, a joker, and an all around nice guy. If if it weren't for him I probably wouldn't have auditioned for Juilliard a few weeks back. I owe so much to him, but the biggest thanks I could ever give would be his persistent manner in getting me to audition for the drama plays. I have always had a passion for drama but didn't want to pursue it in St. Paul. I was so depressed about leaving all my friends behind at Whittier, that when I came here I didn't even give up---- I just didn't start at all. It wasn't until my first week of school that I met Adam, the boy who smiled from ear to ear... Little did I know that he would be the best friend I would make at St. Paul, and the first to leave me behind. Over the next two years we had gotten incredibly close. We went out for weekends, celebrated his 15th birthday with Andrea and Crystal, and Miguel---his closest friends. We helped ea ch other with our relationship problems, family problems, school mishaps... We were each other's alter egos when we went out. We had a conversation over the Internet a week before he died. He was so mad that I hadn't auditioned for the musical that he forced me to join crew (which a few weeks previous I had). That night we were talking about all these pranks we would play on the cast and crew, and the cast party to be had, and all the fun.

Maids Taking over the Role of Parents

Maids are taking over the role of parents? AS a parent, I read with interest how many busy parents â€Å"outsource† their work in raising their kids to their maids at home. (â€Å"Maids are taking over parenting role† – NST, May 10). In many homes these days, both parents work to pay the bills. But a better income does not mean a better quality of life for the family at home. Children would rather spend more time with their parents than be given money or presents as substitutes for parental attention. I believe children's behavior is the product of their environment. If children live with criticism, they learn to condemn. If they live with tolerance, they learn to be patient. If children learn about sharing, they learn to be generous. If children live with praise, they learn to appreciate. Child minders are not good role models for our young kids to follow as their norms and values may not be suited to local conditions. I may not be a very good person, I have fights with my maid like, every single day, every single time. she’s so annoying sometimes. And when she screams, we couldn’t compare the difference between a pontianak and my maid. I mean, aren’t you afraid of indonesian maids? To me, they’re scary. Like, literally scary. So, never tie a string with a maid, tie a rope with your parents. Wow, that might be the best idiom ever. Or is it? Score gila siallll. Stay-in Maids have taken the role of parents (Government Team’s points. ) – Maids are always at home. – Maids know the children better (personality, behavior) – Maids are always available when the children need help. – Maids care for the children. – Parents are too dependent on maids. *For example: A parent sends his/her child to school, and the parent wants to know how his/her child behaves in school. So the parent asks the teacher about his/her child’s behavior. Just because the teacher spends more time with the child in school doesn’t mean the teacher is the parent of the child who knows the child more. Tell me, worthy opponents. Why is this so? High-achievers: -Some parents want their child to be high-achievers when they grow up. Therefore, they send their child to piano classes, tae kwon do classes, tuition, art classes and much, much more. The maid does not have time for the child because the child is very busy with the daily classes. Tell me, worthy opponents.

Marketing A New Product Essay

CheapTees, Inc. is a small manufacturing concern committed to the production of quality t-shirts at reasonable prices.   Part of the marketing strategy is to enter the Christmas giveaways segment of the market by offering products to firms needing quality items, which are to be given away to treasured customers and colleagues or partners. As the recipients of the gifts are considered very important from the firm’s viewpoint, it is essential that the product offered be of superior quality but at an affordable price.   According to website of BigStitches.com, the prospects for the garment industry seem very bright, as in 2002, when there was a registered increase of 16% in nationwide apparel sales over the previous year. Statement of Need The company is aware that many firms need to give Christmas gifts to its precious clients and colleagues during this most joyful season, and as such, it is the goal of this company to focus on its new product, a t-shirt called CheepTees. On the average, a medium-sized firm spends around USD10, 000 in Christmas gifts alone.   The company hopes to service this need to save firms from the usual headache and discomfort in terms of shopping for these gifts and going to the process of wrapping them before giving them away. Demographics Demographics are the characteristics of work group, organization, specific market or national populations, such as individuals between the ages of 18 and 25. For this particular product, demographics play an important role in marketing and advertising (McConnon, 2006). Statistics related to lifestyle habits, education and health are important in marketing this product and just as important in trying to market this product to a specific generation, like for instance, the youth. Thus, it is important that the specific target group be spelled out clearly as well as the geographic marketing area to which they belong. There is a need to get the best data, so the latest and most recent ones must be consulted in order to make a proper marketing strategy (Social/Economic/Demographic Statistics for Marketing). Marketing Marketing people can work their way through these websites and get a good glimpse of competitors. Since there is a proliferation of T-shirts in the market, this product must have a unique quality all its own. For instance, the designs will be handmade and made according to the client’s specifications. The company shall also look into some marketing upgrade. The company will focus strictly on messages that tell customers clearly about the products and services and how customers can benefit from using them. The company shall concentrate its advertising on specific feature/benefit premise. The company shall take the unique feature that it is handpainted with the customers’ personal taste in design. Selling Methods and Channels As the customers change, so have the ways companies get their attention. Customers are unique individuals and the company knows how to target and spend only on media that will reach potential prospects. The company will use smart advertising where it shall carefully craft marketing messages for individual customer types, speaking of the features and benefits in terms that each customer profile would appreciate. Direct mail works, but so do other focused methods like telemarketing. Customers demand convenience, price, access and selection. That is why, the company will also venture into Internet marketing in the future.

buy custom Environmental Issue in the Conflicts between TRIPS and CBD essay

buy custom Environmental Issue in the Conflicts between TRIPS and CBD essay Technological advancement on a global reach has made it possible for humankind to find easier, better livelihoods. It has also led to globalization in many aspects including social trends, communication, trade practices, management of businesses, industrial processes and much more. Inventions are therefore vital processes of human life, thus there is need to protect the innovativeness of the creators of products or processes from undue exploitation by other people. This was the idea behind the creation of the Intellectual Property Laws: laws that protect the rights of inventors and therefore encourage new ideas and products for social and economic development (Watal 1). The way these new products are used in the society, as well as the procedures controlling their trading, both locally and internationally is incorporated in the agreement called the Trade Aspect of Intellectual Property Rights (TRIPS). However, in the much-needed procedure to protect the rights of inventors or creator s, certain elements of the social, environmental and biodiversity wellbeing of humans and other species living on Earth have been compromised. It can be debated, for instance, the significant action between protecting the rights of a drug inventor thereby allowing higher price for it and making the drug affordable to needy populations across the globe who cannot afford it (Parr 109). The convention that advocates for biodiversity conservation as the primary aim of any inventions is called the CBD (Convention on Biological Diversity) .This paper will critically discuss the conflicts between the TRIPS and the CBD. Intellectual Property Rights (IPR) Intellectual properties are products of the creative ability of individuals for which a set of exclusive rights are granted. The chief aim of the intellectual property rights is to protect the innovative quality of the creator of the property from being exploited by others, thereby allowing the owner to recover the complete social value of the property. This protection encourages more innovations, which in turn add value to society. In the context of its social value, the intellectual property is also granted some value as if it were a real asset. International Bureau of WIPO (16) indicates that, such property maybe music, software, artistic and literary work, inventions, discoveries, words, phrases, designs and symbols. Intellectual property rights may include copyrights, patents, trademarks, trade secrets and industrial design rights. The exclusive rights pertaining to the intellectual property rights allow the owner or creator to benefit from the proceeds of the property in the way of financial investment done. In the case of patents, the creator is allowed reward for research and development costs (Levine, 2008).The World Intellectual Properties Organization (WIPO) gives two primary reasons for the development of Intellectual Property Rights. The first one is to give a statutory statement of the moral and economic rights of the inventors or creators in their work and to indicate the mode and extent of public access to these properties. The second reason is to encourage creativity in the society, which leads to increased economic growth and social development. Arguments from a moral perspective have supported IPR in that it is just to protect the product of ones intellect, and that it is not right to allow people to misuse others ideas (Correa 66). The Utilitarian-Pragmatic argument is of the view that, societies that protect intellectual property advance more than those that do not. Further, it is notable that, such protection leads to more security in creativity, and therefore a more socially and economically progressive society. On a personality perspective Richard (21) argues that a person has the ability to make his freewill into a thing, or make something the result of his freewill. The trade related aspects of the Intellectual Property Rights (TRIPS) The Trade Related aspects of Intellectual Property Rights (TRIPS) agreement set the minimum protection level standards for every category of Intellectual Property Rights. These standards are incorporated in the national legislature of each member state of the World Trade Organization (WTO). It was formulated in 1994 after the GATT (General Agreement on Tariffs and Trade) convention in Uruguay (Carvalho 55). This agreement seeks to bring together all member states under a common set of regulations, thereby dealing with setbacks, such as copyright infringements and international piracy in every member state. TRIPS attempt to harmonize the two conflicting aspects of property rights: allowing motivation for research and development while at the same time giving the public access to existing inventions. Under the agreement, IPR extends the period for which a patent runs to 20 years from the date the patent is filed, and further time is allowed for the Least Developed Countries (LDCs) (Wat al 1). The TRIPS also lay down the necessary legal and administrative backbone requirements, in certain details, in any of the member states for the proper and sufficient empowerment of rights holders to protect their products. The document also stipulates the correct procedure for disputes resolution whenever a dispute arises amongst the member states subject to the WTOs dispute settlement procedures. Special arrangements regarding the transitional period granted are given to Least Developed Countries (LDCs), which have not laid down the necessary product patent protection in pharmaceuticals (Bernasconi-Osterwalder 200). However, the members are left to implement the provisions of this agreement on their own. Some of the basic requirements of TRIPS include: copyright terms are given a period of 50 years after the death of the owner or creator. computer programs are given copyright protection as is given to literary works. copyright is given automatically and is not subject to such regulations as renewal of license or registration (Love 204). patents are granted in all technology fields and are enforceable by law for at least 20 years. This makes requires the member states to make patents available for technological inventions, whether in products or processes, as well asthe entire technology industry, without discrimination. exceptions to these rights are limited unless there is conflict between normal exploitation of the work and normal exploitation of the patent. intellectual Property Rights may not favour citizens of one state than they favour citizens of other signatory states as in the National Treatment principle. There are, however, some extremely limited exceptions to this requirement. Special interest areas of the TRIPS There are issues within the member states that are given particular consideration or importance by the TRIPS (Correa 65). These are listed below: Geographical indications Geographical indicators are defined in the TRIPS agreement as those properties or attributes of a good that identify it like theas original in the territory of its members, or a specific region within that territory, where a certain indication or characteristic is attributable to this geographical origin. According to the agreement, it is therefore the responsibility of the members to enforce legal means to prohibit the use of misleading indications as concerns geographical origin especially where the issue of unfair competition may arise (Watal 1) Industrial designs Members are obliged to protect new or original industrial designs after ascertaining that such designs do not resemble any known or existing designs. An exception to this consideration is if a design has been ordered to meet a specific functional or technical consideration (Parr 113). Patents Members are obliged to avail patents for new inventions, whether they are processes or products in the technology field (Moore Yang 31). However, this is subject to the basic tests of inventiveness, novelty and industrial applicability. The exceptions to patents grant is in cases where the product corrupts the morl theme of the public, or cause harm to animal or plant life. The second exception regards to therapeutic or surgical methods for the treatment of humans and other animals (Secretariat of the Convention on Biological Diversity 12). Layout designs for electronic circuits This article requires members to provide protection for electronic circuit layouts in accordance with the IPIC (Intellectual property in respect of Integrated circuits) treaty. It lays down the period of protection as eight years, and lays down the procedure for dealing with innocent infringers (Grain 1). Protection of undisclosed information Undisclosed information may include trade secrets and any other information that has commercial value and that has undergone certain processes aimed at keeping it secret. This information is not treated in the agreement as a form of property, and further does not require that any bearer of such information must have the means ofprotecting it from beingaccessedby thethird parties (Parr 75). Convention on Biological Diversity Formed in 1993, the convention was formed with the aims of conserving the biological diversity, aiming for the sustainable use of the components of biodiversity and ensuring fair usage of products arising from the use of genetic resources. The convention sustains some conflicts with the TRIPS especially in its objective of ensuring fair usage of biogenetic products, since fair usage sometimes maybe restricted by Intellectual Property Laws. It has members from countries all over the world and holds periodic meetings (Moore Yang 32). Biodiversity This refers to the variety of life on planet Earth, including the patterns it forms, and the complex way in which species interrelate in order to sustain life. It is a product of billions of years of evolution and human influence. It also focuses in the genetic constitution of organisms, as well as the varied ecosystems in which life can be found. The convention is largely seen as the key global policy on sustainable development. Biodiversity guides decision-makers based on the principle that a threat in loss of biological diversity cannot be sufficiently met using the blame of incomplete scientific knowledge, but rather that entire measures must be taken in order to remove or otherwise minimize the danger (Grain 1). It argues that environment conservation and establishment of sound balance in ecosystems will eventually lead to economic and social benefits. Some important concerns in the convention are measures and incentives that lead to conservation of biodiversity regulation of access to genetic resources, including the prior informed consent of the source party allowing access to technology to the people or the government that offers resources that leads to the technology other key concerns are scientific cooperation, impact assessment, public awareness creation, provision of financial support and national reporting on issues of biodiversity treaty implementation. The Cartagena Protocol on biosafety The protocol was adopted in year 2000, thus also called as the Biosafety protocol. It seeks to protect the biological diversity from the risks of modified microorganisms that result from modern biotechnology. It asserts that all new technologies should be applied with precaution while allowing developing countries to balance economic gains with the equally weighty agenda of the public health. Therefore, countries are allowed in the protocol to ban imports containing genetically modified materials if the country feels there are no sufficient scientific proofs of safety in the use of such materials. In addition, the global strategy for plant conservation aims at implementing a policy to slow down the extinction of plants due to poor biosafety measures. The Nagoya Protocol This protocol was formed in 2010 and aims at ensuring fair and equitable sharing of benefits of utilization of genetic resources as a way of conserving and sustainably using biodiversity. Information to be shared include traditional knowledge as it relates to genetic resources covered by the CBD (Bernasconi-Osterwalder 189).There are other protocols and agreements formed under CBD with the chief aims of biodiversity conservation. Conflicts between the TRIPS and CBD It is evident from forgoing discussions that the intellectual property rights are crucial under both the CBD and TRIPs Agreement, although most of the issues are approached differently between the two organisations. Walker (45) indicates that both agreements possess a wide international acceptance and membership that is a strong motivation for development of mutually supportive relationships between the two respectable regimes. Currently, there are some developments, which have been set to establish methods to be followed for cooperation and consultants among the Secretariats of the CBD and TRIPs Agreement. The Secretariat of CBD posses an observer status in trade and environment organised by the WTO Committee (Busche 44). It is crucial to note that TRIPs Agreement and CBD offers degree of flexibility in the national implementations of their provision, thus there is a considerable extent for implementation of the two agreements to continue in a complementary manner. However,the speci fic policy or legal mechanisms, which can result to effective synergy, have not been well established. Nevertheless, there are a number of areas of policy coherence that has substantially been noted. Generally, the conflicts between the CBD and TRIPs Agreement concerning rights of biodiversity can adequately be sited through both will force parties and treaties to choose which agreement take preference over the other. Watal (1) found out that there are at least three notables areas that results to out right contradiction between the two organisations. Some of these areas include systems of rights, objectives and the legal obligations. The TRIPs and CBD have conflicting objectives The main intention of the CBD is to strengthen the capacities of developing countries, especially those in Africa, Asia, Asia Pacific and Latin America to use and conserve biological diversities on the long-term basis. This is done while taking into account all the rights over the available resources and comprising rights to enjoy benefits associated with the resource base. As a result of structural imbalances, which exist between countries rich in the biological diversity and the ones having strong legal and technological mechanisms, the South has persistently been over exploited (Busche 40). To rectify and level the playing field for equal participation of the developing countries, the CBD should: empower the South, in order to regulate access to its biodiversity. conditioning access to biodiversity of the South, through requiring initial informed consents as well as sharing of benefits attained. creation of enabling the environment to allow for transfer of technology from the North to South recognize the priority collective rights of the local communities living in the LDCs. This is because they are the main source of traditional knowledge and biodiversity and whose mandates in conservation are currently universally recognized as fundamental (Love 209). On the other hand, the TRIPs are intended to offer private property rights over the processes and rights, whether they pertains bio-diversity or not, with an aim of ensuring that the interests of corporate are equally safeguarded globally. Bernasconi-Osterwalder (131) argues that the equal legal regime that TRIPS hopes to attain may result to monopoly control, especially to those corporate that claim to have invented new animals, microorganisms, plants, or any other use thereof. Simply put the main agendas of the TRIPs is to privatize and notprotecting the biodiversity (Walker 39). Conflicting systems of the rights The rights to intellectual property as stipulated under TRIPs can be recognized based on novelty. On the otther hand, the rights of community under CBD are well founded on the basis of the pre-existing rights with regard to biodiversity as well as associated knowledge.IPR on inventions related to biodiversity is considered dependent upon rights of the communities. Downes (14) indicates that by altering the meaning of the novelty to be myopic, a culturally minimized industrial interest, implementation of the TRIPs systematically negates the wider historical contributions that have been made by these communities in the developing countries. This is with regard to global biodiversity as well as substantially undermines their rights. Therefore, it can be seen that the two structures of rights as detailed in the CBD and TRIPs are in complete opposition to each other. As indicated in the forgoing discussions, TRIPs agreement candidly defines the intellectual property rights as private righ ts. Due to the fact that these rights are subject to general principles of national treatments as set by WTO, implementation of Article 27.3(b) as stipulated by the TRIPs Agreements on biodiversity will result to jurisdictions of the private individual property rights (Love 203). In this regard, global scope of the rights highly destabilizes regime of the national sovereignty as espoused by the CBD that hope to recognize inherent rights of the local and indigenous communities. In this sense, one can see that the IPRs, which are applied under the TRIPs significantly runs counter to the objectives of convection: IPRs prevent the CBD from realisation of the practical and full meaning of the Article 3 that deals with national sovereignty as well as Article 8j dealing with the rights of the indigenous and local communities. conservation of the biological diversity as stipulated by CBD cannot be attained under global regime of the private monopoly rights. This is because conservation of the biological resources signifies enormous responsibilities, which TRIPs have not yet allocated to the ones who benefits from the ownership rights to the available resources. The private property regimes as established by the TRIPs can undermine implementation of the benefits and accesses sharing provisions of the CBD. Downes (15) indicates that, private monopolies only start where community or national sovereignty has been substantially suspended. Under the TRIPs, genetic resources that communities and nations are mandated to control as well as access will be under the controls of the IPR holders. Communities as well as governments will not have any means of regulating control or demand any share of benefits. Conflicting obligations Moore Yang (67) stipulated that the member states of TRIPs and CBD face similar inescapable challenge. The two treaties are extremely binding to the signatories, although their duties pull countries in different directions. In most cases, it can be seen that countries that in all good faith hopes to implement the rights of communities under the CBD frame policy can find themselves in serious contraventions of TRIPs Agreements. Downes (13) established that fundamental conflicts between TRIPs and CBD are irreducible and effortless. CBD simply recognises the fact that states posses national sovereignty with regard to their biological resources (Commission on Intellectual Property Rights CIPR 2). the TRIPs hope to establish private individual rights over similar issues. Within one given country, the sovereignty of takes priority, and the framework of CBD may prevail. However, between a sovereign state and a foreign IPR holder, the jurisdiction of a state is limited, thus it can fail to countervail holder of IPR. ultimately, the essential contradiction that exists between the TRIPs and CBD will ultimately be seen, unless communities or governments resolve these discrepancies as soon as they occur (Correa 60). The table below summarizes the existing conflicts between the TRIPs Agreement and CBD. CBD says TRIP says The conflict Nation states posses sovereign public rights on their biological resources The biological resources ought to be under private Intellectual property rights. Obligatory licensing for national interests must be restricted. National sovereignty signifies that a country has the rights to forbid IPRs on biological resources. However, TRIPs mostly overlooks this right, as it requires provision of the IPR on microbiological, non-biological, patents and microorganisms protections on plant varieties. The exploitation or use of biological resources has to rise to equally shared benefits. Patents ought to be offered for entire field of technologies, thus the exploitation or use of resources should be protected by the IPR. CBD offers developing countries the legal basis for demanding the shares of benefits. However, TRIPs negates this legal authority. Access and control to biological resources necessitate prior informed consents of country of origin. Further, it requires involvement and approval of the local and indigenous communities. There exists no provision that necessitates prior informed consents to access biological resources that may at a times be secured by IPR Currently, CBD offers states the legal authority, in order to diminish incidences of bio-piracy by demanding prior consents. However, TRIPs disregard this authority, thus promoting bio-piracy. States ought to promote sustainable and conservation of biodiversity Safeguarding of the public nutrition and health as well as public interests, should be a subject to private interests of holders of the IPR as seen in provisions set by the TRIPs Agreements. CBD regards common good and public interests over vested interests and private properties. This is exactly opposite of what TRIPs does. (Grain 1) Resolving the conflict Downes (12) argues that, if the CBD hopes to implement in interests of well-being and survival of the humanity, then there is an urgent need to implement policies, which are extremely objective and are not undermined by narrow agendas of the TRIPs. To achieve this, there is a need for stakeholders to: recognize that CBD has the primacy over WTO in regard to areas of biodiversity as well as traditional knowledge systems. ensure that review of TRIPs agreements enables sovereign states to prohibit all forms of life forms as well as related knowledge from the IPR systems. urgent recognition of the collective rights of local communities and indigenous people over their knowledge relating to bio-diversity (Grain 1). Conclusion From the discussion above, one can see that the global societies requires invention and needs adequate motivation and protection for creators of ideas or products that are socially and economically beneficial to the society (Secretariat of the Convention on Biological Diversity 2). However, it is also extremely necessary to conserve the environment, as well as ensure the establishment and continuity of the much-needed balance in the eco-system as a fundamental step in sustaining life on planet Earth. Another need that has emerged is that of recognizing indigenous knowledge systems and the collective rights of communities. While TRIPS agreement takes on the important mandate of protecting property rights, it needs to be sensitized to nurture biological diversity and recognize fundamental rights of participants in the invention process (International Bureau of WIPO 10). Buy custom Environmental Issue in the Conflicts between TRIPS and CBD essay

Analysis of the smoking ban effect

Analysis of the smoking ban effect â€Å"On the 26th March 2006, smoking was banned in enclosed public places in Scotland.† This essay will consider different aspects of this ban, including a consideration of the extent to which the theory of externalities can be used to justify government legislating on smoking, an analysis and explanation of the short run impact of the smoking ban on market for alcohol sales in pubs and clubs, the market for cigarettes and the market for chewing gum and, finally, an explanation on whether the smoking ban would have any effect on the production possibility curve. All of this will create an economic insight into the effects of the 26th March 2006 smoking ban. Firstly, the theory of externalities will be considered as externalities are seen in almost every area of economic activity, therefore are also important to analyzing the effects of the smoking ban in enclosed public places. Garratt and Sloman (2010, p.517) define them as â€Å"costs or benefits of production or consumpt ion experienced by society but not by the producers or consumers themselves. Externalities are likely to cause market failure if the full social costs and social benefits of production and consumption are not taken into consideration. Social cost includes all the costs of production of the output of a particular good or service. We include the external costs arising, for example, from pollution of the atmosphere. It is therefore important to consider how this theory of externalities justifies the government legislating on smoking. Cigarettes in the UK have an enormous taxation rate – in 2009, 10.5 billion pounds were raised in tax revenue from tobacco for the UK government. People usually tend to smoke a lot when they are drinking so if they are not allowed to smoke inside the clubs and bars, there is not as big as a demand as if people were allowed to smoke in bars and clubs. This means that the government loses the money it could have raised from the tobacco taxation if the re was a bigger demand. The money that has been raised from putting taxation on tobacco is usually invested in healthcare as a public good so it can be perceived as an external benefit. However, government this way avoids the damage of issues that are caused by smoking, such as less productive workforce and the vast amount of money that has to be put into healthcare because of the health issues caused by smoking. Therefore it can be argued that the government loses money but at the same time invests in the long-run welfare and healthcare of the people who are living in Scotland. Some benefits might include women smoking less, therefore living longer or having healthier babies. These benefits of the government legislating on smoking might seem insignificant now because it could be argued that people who smoke, will find a way to smoke anyway, especially with bars and clubs investing in comfortable outdoor smoking areas, but the external benefits of the smoking ban are much more impor tant – the reduction of secondary smoking health costs (non-smokers now do not have to suffer from other people smoking indoors), especially when the smoke that accumulates indoors only contributes to damaging health to people who are inside enclosed places. Also, not being able to smoke inside discourages more people from smoking or they smoke less frequently because a lot of people just can’t be bothered to go outside. This is the case especially amongst young people where smoking is still considered a social activity so if they can’t smoke in bars and clubs – they won’t. Also people are discouraged from smoking in a way that doesn’t affect the black market which is good because then the government does not have to spend extra money on dealing with the black market while spending huge amounts of money improving the health of the people. Taking all these arguments into account, the theory of externalities can be used to justify government l egislation on smoking.

Landscape Archaeology Essay Example | Topics and Well Written Essays - 500 words

Landscape Archaeology - Essay Example in God, landscape painting, cartography and human enterprise, among others, to illustrate how humans have usurped nature, superimposed sophisticated concepts over it, and bent it to their own purposes. Using concepts fleshed out by such philosophers of science as Heidegger, Thomas moves on to explain human concepts of place and how ‘purpose’ is always superimposed thereon. ‘A place is always the place of something.’ (pp173) He also shows how landscapes seem to be contained within a frame: visual or conceptual, and of course monetary or pecuniary. Humans attach value to place, whether or not it is land, developed or otherwise. They also impose meanings of time, as evidence by the article itself; the value placed on findings from the past; as well as practical present-time use. In addition, Thomas shows a connection between land and the cosmos, seen as early as Neolithic times. Tombs, houses and henges not only formed part of the land form, but had some sort of attachment or reference to the skies and astral bodies; so that the passing of time and seasons were understood to affect the land and places where people lived and died, even from such an early time. We are deluding ourselves, Thomas suggests, if we try and interpret archaeological findings within the landscape using our modern mindsets. (pp 180) We would always fail if we superimposed our way of seeing things over whatever remnant of early undertakings we find. We cannot ultimately gain access to the meanings given to, and the uses of, the environment by early civilisations. He gives the examples of evidence of large gatherings in long houses, discoveries of human remains, patterns of movements between and around monuments, and other details studied through visions and understandings that are necessarily limited (or overly expanded) by modern knowledge. Thomas uses the literature, citing Gow, Frazer and Berger among many others, to extrapolate a theory of anthro-centrism: a superimposition (and