Physics Research Assignment Essay Example for Free

Physics Research Assignment EssayIntroductionThe understand of physics has had a gigantic impact on the development of road sentry duty. The study of Newtons Laws, impulse and neural impulse help to reduce initial impetus or decrease impulse (rate of tilt of urge) to protect passengers. Technological advances and studies of vehicle go underes increase the automobile industrys understanding of the forces involved and looks of reducing effects of collisions. Within vehicles, many car safety devices are installed, such as seat belts, air bags, crumple zones and target rests. Modern road design reduces the initial or rate of change of momentum and wherefore the impact of collision through crash barriers, speed zones and speed humps.Car safety devicesSeatbeltsSeatbelts are designed so that passengers are restrained instead of chronic to move forward at the cars speed when the brakes of a moving vehicle are applied. In this situation, there is a tendency for a be to resist changes to its motion, called inertia. (Newtons first law) The stopping force is applied to the more durable parts of the body such as hips, chest and shoulder. This is instead of the human head crashing into windshield if no seat belt is worn.Inertia reel seatbeltsInertia reel seatbelts have a cylinder that stores extra belt material on a spool. The spool turns freely normally for movement. In the event of a sudden change in velocity, a pendulum in the reel plunges forward to imprison and restrain the occupant. It is named inertia reel due to the inertia of the pendulum to cause belt locking.Different types of seatbeltThe lap seatbelt is tightened over the pelvis and absorbs force over a good area. However they do non proscribe the head and upper body from lurching forward in response to deceleration and are inadequate especially for move passengers, who risk collision the windscreen.The lap sash seatbelt combines a lap seatbelt over the pelvis as well as over one shoulder cr ossways the chest. This greatly limits movement of the upper body and head as well as spreading the stopping force over a larger area. shoulder joint harnesses restrain upper torso movement even further. Two are belts fall over the shoulders and an optional strap lies over the sternum. It is effective in the way force is spread over both shoulders compared to one shoulder in lap sash. Shoulder harnesses are usually used in child hindrance systems and racing cars.The nylon webbing material in seatbelts is slightly flexible so that the stop is not as abrupt.AirbagsAirbags provide an extra degree of protection in a collision by cushioning passengers in a collision, greatly limiting fatalities and serious injury. They are designed to increase the time interval during which the drivers momentum decreases in a collision to decrease the net force of the driver. They inflate when crash sensors detect large deceleration. Sensors then ignite the sodium azide, producing sodium compounds and atomic number 7 gas for a reactive explosion. The airbags inflate rapidly to cushion the impact of the passenger against the steering wheel, dashboard or windshield. Airbags are to be used with seatbelts, not as a replacement. A disadvantage of airbags is they provide no protection against side-on hits, only faceal collisions. More expensive cars are developing side airbags to flake this.Head restsPadded headrests provide protection in rear end collisions. When a car is rear-ended, a large net force pushes the car and it accelerates forward. The inertia, ground on Newtons first law, pushes the passenger into the seat. With break through a head rest for support, the head remains at rest until the spine pulls it forward. This sudden, sharp acceleration for the head causes it to convolution back and results in hyperextension and whiplash injuries.Crumple ZonesMany cars are designed to crumple at the front and rear. Crumple zones increase the time interval during which the momentum of the car changes during a collision, thus lessening the forces. Newtons second law (f=ma) can be applied, as increased ?time lead result in a decreasing rate of deceleration a and consequently reduce force.Crumple zones are built using the integration of steel and fiberglass in the front and rear end assemblies of the automobile. Rigid structures between crumple zones protect the passenger compartment.In a collision, the crumple zones deform to slow the actual impact. The car doesnt line up all its original kinetic nix, as some of this is converted to heat and sound energy to reduce damage to passenger area through little forces. As crumple zones are placed in strategic locations, the collapse is controlled and energy from impact is directed away from passenger area.Road design animate humps and low speed zonesLocal councils introduced Speed Humps to reduce the overall speed of cars. Evidence shows that slower moving cars cause less damage to occupants if a crash results. It ha s been estimated that risk of death or serious brain damage doubles with every 16km/h over 80km/h. Speed humps restrict drivers from speeding as hitting the hump too fast can cause car damage.Low speed zones also reduce the speed of cars. A reduction of speed will reduce the chance of an accident as drivers have more time to react as well as decreasing the change in momentum and associated inertial forces in collisions. The police enforces speed signs and limit zones and speeding is monitored by speed cameras. In NSW, the general urban limit is 60 km/h for roads in built up areas where there are pedestrians.Crash BarriersCrash barriers are road design features that absorb the impact of collisions. They are constructed out of steel, concrete or wire. Some types of rigid crash barriers cannot absorb much of the kinetic energy of the vehicle, but keep the vehicle on the road and prevent crashing into more dangerous roadside hazards or cars from diametric direction. Crash barriers shou ld be relatively weak with energy absorbing structures so that they can deform easy and transfer large amounts of kinetic energy to them in collisions. For barriers shielding against hazards such as trees, they need to be a fair distance away, as spot is needed for it to deform.When a vehicle collides, the barriers deform and stop the vehicle through a plowing action, keeping the reaction forces relatively low. The impulse (change in momentum) is reduced, as the vehicle takes longer to slow down.The disadvantage of crash barriers is they may cause vehicle damage (crumpling) and rigid ones may deflect a car into the opposite lane.The advance of road safetyThe development of vehicles with greater size, power and momentum has resulted in the need for improvements in car safety devices and modern road design. The study of physics has allowed safety features in both the interior and exterior of cars to prevent large forces acting on passengers in collisions. This is why researchers and engineers are continually act to laws of physics for advice. Road design features reduce initial velocity to reduce the risk of accidents as well as its impact on the passenger. Automotive safety companies are continuing to develop devices to improve vehicle safety, including inflatable seatbelts, 4-point seatbelts and knee airbags to name a few. With the large percentage of the population driving forces, momentum, impulse and energy are all factors that must be controlled as our lives depend on it.

Private or public Essay Example for Free

Private or globe EssayMost p arents want their children to assume better knowledge because knowledge is the almost vital thing for children to live through in the future. To gain better knowledge, the most right thing is to direct an appropriate school. Parents struggle with it because it is relatively difficult to choose an appropriate school for their children. They consider choosing either cliquish school or human race school. There are many differences between human race and private schools. The purpose of this essay is to differentiate teachers, studying conditions and tuition of private and public schools. The first difference between private and public school is teachers. Teachers of private school are better educated than teachers of public schools. Because private school employers try to hire well educated teachers who have not only have a bachelors degree but also have a graduate degree.The quality of education is the most important one. Moreover, private schoo l teachers have to have well communication skills and ability to teach well. In contrast, public schools dont care frequently of their teachers. Any teacher who has a bachelors degree can teach in public school. The second difference between private and public school is studying conditions. Studying condition in private school is slight noisy than that in public school. Because, private school have less number of students and teachers as compared to the public schools. In addition, studying rooms are more comfortable than that in public schools. Moreover, studying rooms in public schools are known to be worse than in private schools with buildings, libraries and furniture.Many prestigious private schools provide new books to their students which make students more likely to study. On the contrary, most books which are provided from public schools are old. For this reason, students motivation to study decreases. The third difference between private and public school is tuition. Mo st private schools pull down tuitions. Most of the private schools hold an event for parents. These activities are dedicated for parents to have stable communication between teachers and parents.In conclusion, parents choose private schools because it is better than public schools. I graduated from private school but, I had studied public school too. So, I know the differences and identifications of private and public schools. The reason why I choose private school is, I studied better in private school than in public school. There were many advantages that I effect in a private school which were the studying condition was better in private school and teachers were highly qualified than that in public school. It is much better to choose private school because private school can educate student better than public school. Despite, private school charges tuition go it can give students much more education than public school. The more you pay, the more you take.

Education System in Pakistan

culture System in PakistanHow important is genteelness for you? Importance of direction empennage be imagined by Nelson Mandelas saying Education is the most powerful weapon which you finish use to change the world. That is the most powerful weapon that can change the world is Education. A nation can non Progress without improving its education.What comes in your mind when you hear the term Education? It is very difficult to define it. Dewey defines education as a grad oflearningin which knowledge, skills, andhabits of a group of people atomic number 18 transferred from matchless generation to the next through breeding, training, research, or simply through auto didacticism (Dewey, John, (1916)) G. K. Chesterson as well as argues that Education is simply the soul of a society as it passes from one generation to another. And I feel that it is the most appropriate and comprehensive definition because education is the thing which dissimilariate two people not money, education tells us the difference between two people. An educated someone talks disparately, he has to a greater extent sense to his talk than an uneducated person. The behavior of an educated person is totally different from an uneducated person. When you know better you do better (Maya Angelou). In mulct education defines a human being. What are we without education? Barbarian? We need education to live in this world we cannot survive without education in this rapidly developing and progressing world if we, as Pakistanis, do not thread educated we will not survive in this world for long if we need to touch on with the world we call for to move fast and be in possession of to get more educated so that we can progress with the world otherwise we will be left behind and like always other people will bully us. So in here I will talk close to the education clay of our domain, Pakistan, its flaws and good feeling of education system of our country.If a country has a commendable educ ation system then that country is articled to prosper. Because education t from each onees a person the meaning of life it teaches a man how to live in this world. In the modern era, one can say that education is one of the most powerful weapons for a nation to conquer any combat and to be a sovereign bring up. Education is something which differentiates humans from animals. Every person is born with brains but it is education which shows us how to use it and use it to make our life easier and more luxurious for ourselves. Being an educated person means you have optimal access to your mind regardless of the situation you are in. (Tarry Malik (2012)) Education helps us understand this world and it teaches us how to make it better not and for ourselves but for the whole world. Education has opened all kinds of doors of enlighten to human kind and shows us the path of progress. It builds the whole society. It enlightens the whole society from the darkness of analphabetism to the ligh t of knowledge. It teaches us discipline. And on the other hand a country cannot progress without improving its education system.Education has many forms we can see different sheaths of education in our surroundings. The most common type we observe is the formal education which is obtained in many ways. Our formal education st arts from school the education we get from school is called primary education in primary education we learn very basic things like basics of maths the four operators addition, subtraction ,multiplications and character we only learn the basics of every subject. As said by Henry Fielding Public schools are the nurseries of all vice and immorality. Then comes the secondhand education in this level of the education we learn basics of some complex subjects like biology and physics. Then comes the intermediate level or unremarkably known as inter level here we learn the advance but not that advance study of the science and we similarly learn arts subjects such as Urdu and English up to the level that we can write or read all kind of things. After that comes to the bachelors Level where we choose a subject and we learn all closely that specific subject like B. A. English. In B. A. English we learn all the grammar and literature of English after the bachelors comes the lord level in which we have even more specific field of the topic we choose earlier in the bachelors level and we learn all about that in master level. These are some common phases of education which come into our mind suddenly when we hear the word Education and these phases are called formal education. and education is not limited to formal type only it has a very broad meaning. Apart from this formal type, other is also an informal type of education. Distant learning is one of its parts. Home and society is the most common source of it. Informal education is education which we get from our surrounding and society and from our cursory experiences. And we can also get i nformal education from television and internet in like manner. Informal education is as important as formal education.In Pakistan instanter the institution are following two kinds of education systems, one being head-to-head sector and the other government sector. These two sectors cater the needs of the world-wide normal. Education system of private sector is more than satisfactory as they provide good teaching staff to their students and the course they teach is also satisfactory. They also provide necessary extracurricular activities to their students. and the real problem is with the public or government sectors education as they neither have efficient teaching staff nor they have instructors which are well qualified for the job, and I think that is the biggest problem of them all, then the syllabus and the courses are not up to the mark. There are no extracurricular activities in public sector too. Apart from these differences, thither is a contrast in teaching modalit y and teachers behavior. Teachers are friendlier with their students in private institutes. In these institutes, students are able to learn more with more comfort. On the other hand this type of behavior is not common in public sector. A report published in theJournal of Human Resources says that School quality was prove to have mixed stamps on student achievement. However, in keeping with the estimates of school choice reported in this paper, high pupil-teacher ratios were found to have a uniform negative effect on student achievement, with the effect being particularly pronounced on language skills. This is also consistent with the large negative effect of pupil-teacher ratios on probability of selecting government schools. Finally, private schools were found to have better outcomes than government schools. (Harold Aldermana Peter F. Orazemb Elizabeth M. Paternoc (2001)). Due to this large difference between these two sectors, a common man cares about his children and do not all ow the children to be admitted in the government sector. By admitting their child in private sector, most of the people are more satisfied about the afterlife of their children.There are some flaws in the education system of Pakistan. We have very few resources to maintain a good structure of our education system. besides the good thing is that our government is very committed to take some steps for betterment of education as National Educational Policy says The Ministry of Education has adopted following visionOur education system moldiness provide quality education to our children and youth toenable them to realize their individual potential and carry to development of societyand nation, creating a sense of Pakistani nationhood, the concepts of tolerance, socialjustice, democracy, their regional and local culture and history based on the basic ideologyenunciated in the Constitution of the Islamic Republic of Pakistan. (Ministry of Education, governing body of Pakistan (2009)) Our government has not enough budgets for education as we are facing some problems in our financial condition. Government is unable to start new schools, colleges and universities so there is a very few number of government institutes in our country so people have to concern with the private institutes to keep their education going, where they have to face heavy expenditure of education. We cannot blame any government for this flaw because as a state we are facing some serious problems regarding our economy we do not have enough assets and in addition to this, terrorism is also damaging the economy. But the good thing is that government is trying to increase its education budget to fulfill the educational expenditure of the country. So after some time we can have improved our number of resources. Also there is a huge unbalance in number of institutes in rural and urban area. There are 163,000 primary schools in Pakistan, of which merely 40,000 cater to girls. Of these, 15,000 are in Punjab Province, 13,000 in Sind, 8,000 in North-West Frontier Province (NWFP) and 4,000 in Baluchistan. (Aamir Latif, Alarming situation by Aamir Latif ()) Another problem in our system is untrained teachers, here we have no such mechanism by using which we can train the teachers. Because teacher is the one who builds the whole society. So he must be well aware of his responsibilities so that he can cultivate civilized and educated citizens. By organizing a community which teaches the teachers that how to behave and teach and also what to teach, this problem can be resolved. Outdated course is also one the major problem. Our educational experts must be well aware of what is happening in the world regarding to every field so that they can update curricula according to the need of time. Examination system is also facing some problems in our system, class teacher is all and all as for as examinations are concerned. Papers are completely from the syllabus which teacher has discussed in the class but after middle, papers are made by the different educational boards regardless of what is being taught in different institutes and the communication gap between teachers, students and the respective board causes doubt in students mind. By compressing the communication gap, this flaw can be root caused.As discussed above, government should take some steps to improve the educational system of our country. For example they can start with the increase in the educational budget so they can attract good teachers and can build more schools, colleges and universities. It is very important to make more universities cause there is a lot of students who cannot abide private institutes for their further studies and need government universities to study further but due to small number of government universities some students are forced to pay there studies and they get a job to support their families. The government really needs to update their course and syllabus because it is no w out dated and there are a lot of mistakes in books. One of the most annoying thing that they should improve or correct is examination system because exams taken by the government is not really meant to test the grip or concepts of the student it is rather based on the fact that how well the student memorize each and every word that is written in the book. The checking system is also not good as they do not give marks properly as there are so many complaints every year. The teaching style of the teachers is also not so much good as the teaching style of the teacher should be such that it brings out the true talent of the child but here teachers only read the text written in the books not explaining it properly not having different exercises with it which is not good enough.Apart from flaws there are some very good aspects of our educational system too. The most actualise thing is that in spite of lack in resources and new technology, our system is not only working but one can assu re that it is progressing and get successful to educate the people of Pakistan. Which is clear by the figures During 2005-06, literacy rate for all adults of 15 years and above rose to 51.7% 53.5% during 2007-08 and for young adults (aged 15-24 years) to 67% in 2005-06 68% in 2007-08. Both these rates show improvements from their 2001-02 levels, of 43% and 62% respectively. (Ministry of Education, Government of Pakistan (2009))So, as I had said that education is very important for every one we should encourage everyone to obtain it because it helps us live in this world it is the reason that westerns are so far ahead of us in every aspect of life. Until we do not get educated we cannot help our country or show our country the path of development and progress the only way Pakistan can progress is with the help of educated people which we lack a lot. So our government should pay special attention towards the development of the educational system of our country so that we can produc e more educated people in Pakistan. It is not only governments responsibility to improve the educational system of Pakistan it is our responsibility too to make the educational system of Pakistan more efficient and more effective.

Female Foeticide In India

Fe manful Foeticide In IndiaIndia is a body politic of incredible ironies. It is a land where people worship un beable tropes of womanly Shakti in quest of wealth, wisdom and power. In this country it is a common sight to see thousands of braces making arduous journeys every year to shrines of goddesses in order to be blessed with a pip-squeak. But strangely enough, in this country, a couple is said to be blessed only when it has a male kid for a female child is never considered a blessing in our society. Her nascence seems to cast a pall of gloom over the entire family. Her feature is non rejoiced, instead the entire family moans.Gender biasness had been the typical attitude of the patriarchal Indian society since time immemorial. The Vedas contained passages which emphasized the necessity of password. May you be the cause of a hundred sons befuddle always been a popular blessing by elders to young brides. It is therefore an undeniable occurrence that despite differen ces in social and bright status, al close all the sections of the society do stand on the same platform so far as their craving for male child is concerned. On the separate hand, daughters be unwanted, they ar considered nub approximately and people who do not d are to pack this burden for long dispose them off as rapidly as possible, for in Incredible India, killing of the girl child is no sin. Initially the girl child was put to death brutally, being throttled, poisoned or drowned in a bucket of water right after her birth. These had been the common practices followed particularly in the rural areas. However the evil of killing the girl child no longer remained conmulctd to the rural people but equally attracted the ur eject universe too who, despite being educated, seem to show a hearty preference for the male child and the subsequent avoidance of the female child. The rapid advancement of science and technology proved a boon for these people as this had made the diabolic slaughter of the female child much easier and more than sophisticated than sooner. The benefits of science, as usual, has again been applyd by mankind and today by dint of the pre-natal finish up determi rural area tests, the female fetuses are selectively aborted. Hence we quite a little say that in the modern era an otherwise shameful chapter has been added to the saga of oppression and evolution meted out to women, in the form of womanish Foeticide. It is indeed heartening that in recent times when India boasts of its scientific achievements and discoveries, when the pages of textbooks are flooded with slogans of Shining India, women in India are not only facing inequality and inequity in every sphere but they are denied even the right to be born. What is pistillate Foeticide? As a medical term, foeticide is destruction of a fetus. The term pistillate Foeticide whitethorn be defined as the elimination of a female foetus at any stage of pregnancy, after determining it s awaken. It is likewise defined as killing of female foetus through induced abortion.Hence Female Foeticide refers to the process of aborting a foetus if, after lowgoing sex de ending tests or pre-natal diagnostics tests, it is revealed that the foetus is female. In other words, it implies the barbarous act of killing the girl child in the womb itself, unseen and unheard, only for the fact that she is female.The misuse of medical science has facilitated the rapid growth of this heinous crime in the society today. A number of medical procedures are carried out to determine the sex of the unborn child such as Amniocentesis UltrasonographyFoetoscopyChorionic villi biopsyPlacental create from raw material sampling etc.Out of these the most commonly used sex-determination test is amniocentesis. It was meant to be used as an aid to detect any abnormality in the unborn child. But over the eld, particularly since 1978, amniocentesis has be flummox a widely used test by doctors to determine the sex of the foetus surrounded by 14-18 weeks of pregnancy. The ultrasound technique has also gained huge popularity. The trans-vaginal sonography has enabled to determine the sex of a foetus within 13-14 weeks of pregnancy and through abdominal ultrasound, sex determination is possible within 14-16 weeks.Whatever be the method employed, the reality is that these methods have made sex determination quite easier and cheaper, thereby encouraging the growth of Female Foeticide at a high rate. Reasons for High Rate of Female Foeticide in IndiaIt has been widely accepted nowadays that girls are emotionally more attached to parents, more responsible in society and by no means less competent than boys. However withstanding all this, the typical orthodox Indian attitude come with with several socio-economic-cultural factors pervading in the society has always upheld the need of male child and disfavored the birth of girl child in the family. This has immensely contributed to t he rampant growth of female foeticide in the country, thus making India one of the worst nations in the world plagued with skewed sex ratio. The most prominent factors encouraging Female Foeticide in India are listed below i) Religious factors The Hindu religion lays great stress on the birth of a son. In a Hindu patriarchal society it is the son who continues the family lineage or Vansh. According to Manu, a man cannot attain moksha unless he has a son to light his funeral pyre. Also, it says a woman who gives birth to only daughters may be left in the eleventh year of marriage.Such gender biased customs and practices in the traditional Hindu society has over-emphasized the birth of sons and discouraged the birth of girl child in the family, thus paving the way for Female Foeticide. ii) Evil of DowryDowry is essentially one of the factors which has support the practice of Female Foeticide to a great termination. Parents find it a better option to avoid the female fetuses itself than to pay exorbitant rates in the form of dowry term marrying off their daughters. Hence in order to escape from dowry people desperately go for sex selection tests and eliminate the female foetus. To most of the couples, especially the middle-class ones, it appears that paying Rs. 500 at present is better than to pay Rs.5,00,000 in future.Conversely, the boy is viewed an asset to fetch fabulous dowry for the parents. Hence boys are naturally preferred to girls. iii)Financial Dependence of Females on Husband or In laws In India, the socio-economic background has also been the villain behind the tragic female foeticide. trustworthy communities want to get rid of female child compelled by the flock of dehumanizing poverty, unemployment, superstition and illiteracy.iv) Secondary status of women in society It is generally expected that sons would carry the family lineage forward, provide security and care to parents especially in old age, enhance family wealth and property and perf orm the last rites and rituals. Whereas daughters would go to anothers house draining out all the family wealth. Moreover they always need to be protected, defended and taken care of , thus imposing an extra burden over the family. Such cautious attitude of the Indian society which essentially regards women a burden is one of the most potent factors which has induced strong son preference and hence encouraged Female Foeticide.All this factors clearly point out that the ever existing gender biasness in our country favoring the male and the stereotype notion of women as burden is the primary cause acting behind the shocking statistics of Female Foeticide in India. Genesisand Growth of Female Foeticide in India The Chilling Reality The devil of Female Foeticide runner crept into the Indian society through the corridors of the northern states which engaged in gross misuse of amniocentesis.Amniocentesis first started in India in 1974 as a part of a sample survey conducted at the All India Institute of Medial Sciences (AIIMS), New Delhi, to detect foetal abnormalities. These tests were later stopped by the Indian Council of Medical inquiry (ICMR), but their value had leaked out by then and 1979 saw the first sex determination clinic opening in Amritsar, Punjab. Even though women organizations across the country tried their best to put a stop to this new scupper, but were helpless because of the Medical finis of Pregnancy sour 1971 which permitted the amniocentesis test as it claimed to be used for detection of foetal abnormalities,. According to the MTP answer, if any abnormality is detected between 12 to 18 weeks of gestational period in the foetus, an abortion can be level-headedly carried out up to 20 weeks of pregnancy. 5 Owing to this provision, amniocentesis could not be banned and its gross misuse continued. Although responding to the situation authoritative legal steps had been initiated by the government, however, the evil of Female Foeticide co uld not be curbed out but rather with the passage of time it has become all the more sdangerous. Today the issue of Female Foeticide in India is no longer only an issue of violation of womens rights only but rather it has become a inveterate disease. It has become so wide pass around all over the country today that day by day we are actually inching closer to a nation without women. Weird it may sound, but the shocking statistics revealing the distorted sex ratio in our country compel us to accept this truth.According to the united Nations an estimated 2,000 unborn girls are illegally aborted every day in India. Another glaring example is the demographic profile of India which clearly indicates the profoundness and wide spread prevalence of female foeticide. India is a country of 102.7 crore population, out of which 53.1 crores is of males and 49.6 crores is of females, clearly indicating a deficit of 3.5 crore women. The sex ratio is 933 women / special K men and child sex ratio i s 927 girls for speed of light0 boys6. The intensity of this heinous crime in our country is revealed by the following figures Sex Ratio(females per thousand males),India 1901-2001 Year Sex-Ratio 1901 9721911 9641921 9551931 9501941 9451951 9461961 9411971 9301981 9341991 9292001 933 Thus as per these statistics reveal, the overall sex ratio in India is 933 females for every 1000 males, showing a marginal increase of 4 points from the 1991 census of 929. However, this is a very sorry state indeed and we are doing much worse than over a hundred years ago when the sex ratio was 972 in 1901, 946 in 1951 till the 933 today. The Trend of sex ratios in the age group of 0-6 years all over India Years Sex Ratio 19619761971964198196219919452001933 The above table clarifies that more and more baby girls have either been aborted or killed as infants since 1961 and that this trend continues strong even today.The intensity of sex ratio imbalance in the 0-6 age group in some states of India i s indeed horrifying. In Punjab the sex ratio is (793 F 1000 M), in Haryana it is (820 F 1000 M), in Himachal Pradesh it is (897 F 1000 M), in Gujarat it is (878 F 1000 M). Recent government figures show that in South Delhi, the sex ratio is 762 females per 1000 males, while in Mumbais Borivalli its 728 females per 1000 males. In Jaipur itself, an average of 3500 instances of female foeticide is supposed(p) to be carried per year. These figures undoubtedly point out that the country, is witnessing today the systematic extermination of the female child on a large scale. All most the unscathed of the country is under the grip of this menace. The following table estimates the intensity of Female Foeticide in the various states of India States Showing High Foeticide Percentage State Female Foeticide ( share to All India) Maharashtra 45.1 Madhya Pradesh 15.4 Haryana 14.3 Rajasthan 9.9 Andhra Pradesh 8.8From the above table we find that ironically the developed and the richest states of India are the toppers in the list where female foeticide is extensive. According to UNICEF study done over 3 years (1994-1996), there are only five states in India where no case of foeticide or infanticide have been reported which are Sikkim, Nagaland, Meghalaya, Mizoram and Jammu Kashmir. An improvement in the child sex ratio whatsoever has only been marked in one state, Kerala, and two Union Territories, Lakshwadeep and Pondicherry. The reports published by various agencies also throw long light on this grim reality. The UN reports reveal that between 35 to 40 million girls missing from the Indian population.According to a study conducted recently in India, the first systematic study on female foeticide by an Indo-Canadian team, 10 million female foetuses have been aborted in India, What all the more shocking is gibe to its report every year, approximately 50,000 unborn girls-one in every 25-are aborted in India .The UNPFA report on India Towards Population and Development Goals published in 1997 also evince its concern over the issue. It is estimated that 48 million women were missing from Indias population. The report states If the sex ratio of 1036 females per 1000 males observed in some states of Kerala in 1991 had prevailed in the totally country, the number of would be 455 million instead of the 407 million (in the 1991 census). Thus, there is a case of between 32 to 48 million missing females in the Indian society as of 1991 that needs to be explained. It further stated that, The 1991 census is only indicative of this disturbing trend when elsewhere in the world women amount men by 3 to 5 percent. There are 95 to 97 males to 100 females in Europe the ratio is even less, 88 males to 100 females, in Russia, mainly due(p) to causalities of World War 2.According to the UNICEF report, 40 to 50 million girls have gone missing from Indian population since 1901 as a result of systematic gender discrimination in India.Thus in consideration of all th ese facts it is quite evident that Female Foeticide has taken a disastrous shape in India. It is the distressing reality of Shining India that the mass depletion of the fairer sex is being carried on boldly without any hesitation, without any fear. Laws in India to Check Female Foeticide In India in order to stop the indiscriminate abortion of female fetuses several laws have been enacted. The essential provisions relating to the prevention of Female Foeticide are laid down inIndian Penal calculate 1860 The Medical Termination of Pregnancy constitute,1971 The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) turning, 1994 a) Indian Penal Code 1860Under the IPC adequate provisions have been made for the aegis of mother and unborn child. Under Section 312, 313and 314, the IPC provides to save the women from miscarriage. Miscarriage means the expulsion of the child or foetus from the mothers womb at any period of pregnancy before the term of gestation is comp leted. Though the term miscarriage is not defined in the I.P.C in its popular sense, it is synonymous with abortion, and consists in the explosion of the embryo or foetus, i.e. the immature product of conception. The stage at which pregnancy has advanced and the form which the ovum or embryo may have assumed are immaterial.Any act intended, not in good faith to cause miscarriage is penal under IPC. The punishment for this offence is further enhanced if the woman is quick with child. The term Quickening refers to the peculiar sensations experienced by a woman about the fourth or fifth month of pregnancy. The symptoms are popularly ascribed to the first perception of the movement of the foetus. According to Section 312 if any person causes a miscarriage of woman, he shall be punished with the imprisonment up to tierce years or fine or with both, and if the woman be quick with child, he shall be punished with imprisonment up to seven years and fine also. Under this section a woman who causes her miscarriage or gives consent to miscarry is also liable for punishment.Section 313 provides the punishment for life or ten years and fine, who causes the miscarriages of a woman without her consent. In the case of Tulsi Devi v. State of U.P, the accused women kicked a large(predicate) woman in her abdomen resulting in miscarriage. She was held to be convicted under Section 313.Section 314further provides that if the act directed to cause miscarriage results in death of the pregnant woman, the offender is penal with imprisonment of ten years as healthy as with fine.However the IPC permits abortion for saving the life of the pregnant women. Section 312 allows the termination of pregnancy in good faith for saving the life of the pregnant woman. The term good faith, however, is not a constant term but it is varied from case to case. The General Clauses Act 1897 defines good faith as, A thing shall be deemed to be done in good faith where it is, in fact done honestly. IPC defines good faith as Nothing is said to be done or believed in good faith which is done or believed without due care and attention. In addition to these, Section 315 and 316 provides for protection against injuries to the unborn child. Section 315 lays down that any person doing an act without good faith with the aspiration of preventing a child to be born or to cause it die after birth is punishable with imprisonment of ten tears or fine or both. Section 316 provides if a person causes the death of a quick unborn child by an act amounting to culpable homicide he shall be punishable with imprisonment for ten years as well as be fined. Like the Indian law, protection to the unborn child has also been recognized and guaranteed in other countries too. Such as in the United States thirty-five states currently recognize the unborn child or fetus as a homicide victim. 25 of those states apply this principle throughout the period of pre-natal development while 10 establish protection a t some later stage, which varies from state to state. For example, the Supreme solicit of California treats the killing of a fetus as homicide, but does not treat the killing of an embryo (prior to approximately eight weeks) as homicide. The Unborn Victims of vehemence Act enacted in 2004 recognizes the child in utero as a member of the species homo sapiens, at any stage of development, who is carried in the womb. This child in utero is recognized as a legal victim if he or she is injured or killed during the commission of any of 68 existing federal crimes of violence and offered legal remedy as per the state laws. However, the federal and state courts have consistently held that these laws do not apply to apply to legal induced abortions and do not contradict the U.S. Supreme Courts rulings on abortion.But unlawful abortion however may be considered foeticide, even if the pregnant woman consents to the abortion..Similarly the English law also gives protection to the unborn child. It recognizes Child Destruction as a crime. Child destruction refers to the crime of killing a child capable of being born alive, before it has a separate existence. The Crimes Act 1958 defined capable of being born alive as 28 weeks gestation, later reduced to 24 weeks. b)The Medical Termination Of Pregnancy Act, 1971 The MTP Act is another attempt to prevent high rate of female foeticide in India. This Act aims in preventing large number of unsafe abortions. The Act clearly states that an abortion can be termed legal only when- Termination is done by a medical practitioner approved by the Act Termination is done at a place approved under the Act Termination is done for conditions and within the gestation prescribed by the Act Other requirements of the rules regulations are complied with.It permits termination of pregnancy only when Continuation of pregnancy constitutes risk to the life or grave injury to the physical or moral health of woman or there is a substantial risk of p hysical or mental abnormalities in the fetus as to render it mischievously handicapped or if pregnancy caused by rape (presumed grave injury to mental health) or due to contraceptive failure in married couple (presumed grave injury to mental health).However termination of pregnancy is possible Upto 20 weeks of gestation period only With the consent of the woman. If the woman is below 18 years or is mentally ill, then with consent of a guardian With the opinion of a registered medical practitioner, formed in good faith, under certain circumstances With the opinion of two RMPs inevitable for termination of pregnancy between 12 and 20 weeks.Also such abortion is to be conducted either at a hospital established or maintained by Government or at a place approved for the purpose of this Act by a District-level Committee constituted by the government with the CMHO as Chairperson.Thus this Act on one hand positively aims to improve the maternal health scenario by upholding the validity o f legally induced abortions and negatively, on the other hand, seeks to reduce illegal abortions. Also it is to be noted that such strict principles laid down by the Act for the regulation of abortion is a bold attempt by the Indian Legislature to check Female Foeticide. The Act seeks to put an end to the menace of illegal abortions carried out primarily for the elimination of female fetuses. c) The Pre-Natal Diagnostic Techniques (Regulations and Prevention of Misuse) Act 1994The PNDT Act is the outcome of the realization of the Parliament that a central speckle of legislation had become mandatory for stopping the abuse of pre natal diagnostic techniques. When it was quite evident from the mushroom growth of clinics all over that the pre-natal diagnostic techniques were not restricted for the purpose of detection of genetic disorders or chromosomal abnormalities or congenital abnormalities or sex-linked diseases only but was actually leading to female foeticide, for the first tim e in India, in 1986, a social action group in Mumbai namely the Forum Against Sex Determination and Sex Pre-selection (FASDSP), initiated a campaign. On its pressure the Maharashtra government enacted the Maharashtra Regulation of Pre-Natal Diagnostic Techniques Act 1988, which was the first anti sex determination drive in the country. This was followed by a same Act being introduced in Punjab in May 1994.However both these Acts were repealed by the enactment of a central legislation, i.e. the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994, which came into pith from 01.01.1996, banning sex determination tests all over the country. This Act was renamed in 2002 as the Pre- Conception and Pre-Natal Diagnostic Techniques ( bulwark of Sex Selection) Act, 1994 (PCPNDT Act) which came to effect from 14.02.2003. The PCPNDT Act chiefly provides for Prohibition of sex selection, before and after conception. Regulation of prenatal diagnostic techniques (e.g. aminocentesis and ultrasonography) for detection of genetic abnormalities, by restricting their use to registered institutions. The Act allows the use of these techniques only at a registered institutions .The Act allows the use of these techniques only at a registered place for a specified purpose and by a qualified person, registered for this purpose. Prevention of misuse of such techniques for sex selection before or after conception. Prohibition of advertisement of any technique for sex selection as well as sex determination. Prohibition on sale of ultrasound machines to persons not registered under this Act. Punishment for violations of the Act. This Act requires that all diagnostic centres must be registered with the administration. They are required to maintain detailed records of all pregnant women undergoing scans there. These records must include the referring doctor, medical and other details of the woman, reason for doing the scan, and signatures of the doctors. These records must be submitted to the authorities periodically. For implementing the Act, give up authorities are appointed at the state level and work with the director of health services, a member of a womens organization and an officer of the law. At the rule level, the appropriate authority is the medical officer or civil surgeon. Advisory committees consisting of doctors, social workers and people with legal training assist appropriate authorities. Supervisory boards at the state and central levels look at the implementation of the Act. The appropriate authority may cancel the diagnostic centres registration, make independent investigations, take complaints to court, and take appropriate legal action. It may demand documentation, search premises, and seal and seize material. Courts may respond only to complaints from the appropriate authority. Under the Act the following people can be charged-everyone running the diagnostic unit for sex selection, mediators who refer pregnant women to the test, and relatives of the pregnant woman. The pregnant woman is considered innocent under the Act, unless proved guilty. So far as penalties under the Act are concerned, it consists of imprisonment for up to three years and a fine of up to Rs. 10,000. This is increased to five years and Rs. 100,000 for subsequent offences. Doctors charged with the offence will be reported to the State Medical Council, which can take the further necessary action including suspension.These are the three chief legislative measures initiated in India for combating the evil of Female Foeticide. Judicial Response to Female Foeticide in India The Indian Judiciary has from time to time come up with ingenious ways to provide protection to the fairer sex and this essentially includes the group of unborn girls too. The Supreme Court in the case of Centre for Enquiry into wellness and Allied Themes (CEHAT) and others v.Union of India which was filed under section 32 of the Constitution of India under P IL issued directions to Central Supervisory Board, all State Governments and Union Territories for proper and effective implementation of the PCPNDT Act which mandates that sex selection by any person, by any means, before or after conception, is prohibited. Since 2001, the judiciary has been closely monitoring the implementation of its various orders passed regarding the ban on the use of ultrasound scanners for conducting such tests. Subsequently, it had sought status reports from all states and Union Territories. The Supreme Court also directed 9 companies to supply the nurture of the machines sold to various clinics in the last 5 years.. Addresses received from the manufacturers were also sent to concerned states and to launch prosecution against those bodies using ultrasound machines that had filed to get themselves registered under the Act. The court directed that the ultrasound machines/scanners be sealed and seized if they were being used without registration. The Supreme Court also asked three associations viz., The Indian Medical Association IMA, Indian Radiologist Association IRA, and the Federation of Obstetricians and Gynecologists Societies of India FOGSI to furnish details of members using these machines. It is to be noted that since the Supreme Court had issued such directives, 99 cases were registered and in 232 cases ultrasound machines, other equipment and records were seized Today there is an estimated 25000 ultrasound machines in the country, of these 15000 have been registered, owing to the efforts of the Judiciary. The Supreme Court in the case of Mr. Vijay Sharma and Mrs. Kirti Sharma vs. Union of India the Supreme Court has recently quoted that foeticide of girl child is a sin such tendency offends dignity of women. It undermines their importance. It violates womans right to life. It violatesArticle39(e) of theConstitutionwhich states the principle of state policy that the health and strength of women is not to be abused. It ignore s Article51A (e) of theConstitutionwhich states that it shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women. The architects of the MTPA, 1971, have not taken into consideration the fundamental rights of the foetus to be born. It is submitted that life exists in the foetus while in the womb of the mother and in this context Article 21 of the constitution of India is applicable to unborn person as well.Current Scenario of the extent of Female Foeticide in India subsequent to the Legislative initiatives and Judicial attemptsIt is quite unfortunate that in India despite enactment of effective laws there has been a little multifariousness in the psychology and behavior in the people who still have a damn care attitude in causing the death of that most vulnerable being in India the female foetus. The PCPNDT Act has not been successful to curb out this menace completely but has somewhere or the other contributed to the mushroom growth of p rivate clinics all over the country where people desperately visit for conducting sex selective abortions. Another shameful picture which has come out is that of the doctor community, more often labeled as Gods in our country, are seen to commit a blatant violation of law as well as medical ethics. The zeal with which Female F

The Doctrine of ‘Personality Rights’ in the UK

The Doctrine of Personality Rights in the UKThe United Kingdom has never acknowledged a specific doctrine of disposition rights the law provides neither pertinacious nor consistent security measures, as the courts ar sceptical some creating monopoly rights in nebulous concepts such as names, homogeneousness or popularity.1 Therefore celebrities and some other high-profile individuals rely on a combination of mountain pass collide with, trademark, copyright and privacy laws for fortress of the commercial range of their temperament. None of these were invented to protect personality rights however they are gradually underdeveloped to adjust to the commercial strongity of the value of eminence merchandising and endorsements. Misleading the public by giving a treasonably impression of endorsement of a product by a laurels has been to commit the tort of way out off for over a decade.2 The tort of passing off was traditionally delimit as nobody has the right to represent his goods as the goods of someone else.3 The classical trinity is necessary to succeed in passing off the goodwill or reputation must be usurped to the products or services of the plaintiff, the misrepresentation must lead to the confusion as to the source of the goods and services, and this confusion must elbow grease damage to the claimant.4 In the courtship of Fenty Ors v Arcadia Group Brands Ltd (t/a Topshop) Anor,5 high street elan retailer Topshop licensed an image of popstar Rihannas face from a photographer and printed it on a island of Jersey without either her permission being sought nor obtained. Rihanna then sued for passing off. Mr Justice Birss applied the doctrine to the dispute. Although on in truth particular facts, Birss J imbed in favour of Rihanna and established a general principle that arguably goes against any celebrities who great power nurture hoped to see the root of a doctrine of personality rights. This decision develops the tort of passing o ff to small percentage point whilst emphasising that, in each case, the facts are decisive.6 The debate about the science of personality rights in the UK is gathering impetus in the wake of Fenty with academics like Walsh enquireing if personality rights are finally on the agenda.7In the mid-seventies the UK courts were regularly unwilling to find false impressions relating to merchandising resulted in misrepresentation because of the need to show that they were engaged in a common field of action at law. This introduced a somewhat blunt test for confusion and there often would be no proximity between, for example, a radio broadcaster and a metric grain manufacturer.8 Until the test was discarded, at least as an absolute condition,9 it limited attempts to expand the categories of misrepresentation to cover licensing connections.10 Where the absence of a common field of activity was non conclusive the court for example held the use of the name of the pop group Abba on merchand ise did not amount to passing off on the basis that there was no real possibility that the public would be confused into thinking that Abba had approved the goods merely because their name or photograph appeared on them.11 also the use of a photograph of the Spice Girls on the cover of a sticker collection was held not to constitute passing off.12 An important exception came when it was held passing off had been established where cartoon characters, the Teenage Mutant Ninja Turtles, were on clothing without authorisation, since the public did expect the goods to be licensed.13 This case was distinguished from the Abba scenario on the basis that it was brought in the setting of the unauthorised duplicate of images of cartoons in which copyright existed, rather than the image or name of a celebrity. Yet the decision is generally viewed as start up character merchandising law in the UK.In the seminal case of Irvine Laddie J held passing off covered cases of false endorsement, like where Talksport had altered an image of racing driver Eddie Irvine to have him hold a branded Talksport radio for advertising purposes without his permission. Laddie J considered the increasingly popular merchandising practice of personality licensing, including the licensing of a personalitys name or likeness outside a celebritys area of expertise as a common and lucrative practice for them, to reject the common eld of activity condition. Laddie J identified the inbred flexibility of passing off by saying the sort of cases which come within the setting of a passing off action has not remained stationary over the yearspassing off is closely connected to and dependent upon what is happening in the market place.14 Although Irvine was celebrated as a turning school principal in the protection of personality rights, the important limitation in the judgment was that passing off was limited to false endorsement and excluded merchandising cases. The classic celebrity-merchandising situ ation seems similar the celebrity has a reputation and the public knows that it is common practice for celebrities to market their popularity by granting merchandise licenses.15 Laddie J differentiated between cases of endorsement and merchandising, however in Fenty Birss J approved Laddie Js reasoning but made it clear there is no difference in merchandising cases and that the efficacious principles apply equally well in passing off if the public had been deceived into thinking the celebrity had authorised the product.Rihanna easily established sufficient goodwill in the fashion industry, as a appearance icon because of her cool, edgy image.16 This was demonstrated in her endorsement contracts with Nike and Gillette, her fashion design and promotion work with partake retailer River Island, and she had worked with HM, Gucci and Armani to collaborate on and design clothing. Birss J therefore stated Rihannas identity and endorsement in the world of high street fashion was perceived to have tangible value by an organisation well placed to know.17Misrepresentation was the key issue. Topshop argued the clothing was simply a tee shirt attitude an image of Rihanna and the public had no expectation that it was authorised by her, whereas Rihanna contended that the particular facts of the case meant customers were misled into believing she had endorsed the t-shirt herself. The court considered the point in depth, addressing the unlike circumstances before considering the issue as a whole. Certain evidence considered was found to be neutral to finding a misrepresentation. The fact there was other unauthorised clothing bearing Rihannas image on sale did not imply that the public would necessarily believe that such clothing was authorised. Topshop had change both clothing bearing authorised images and clothing, which was approved or endorsed by celebrities. Overall, its customers were neutral having no positive expectation either way when considering clothing bearing a celebritys image. Also the t-shirt was fashionable and on sale in a high street retailer. Certain factors indicated finding in Topshops favour. Some of Rihannas official merchandise included an R slash trademark logo or her name, the t-shirt lacked both, and apart from a few days online the word Rihanna was not used at all. There was also no genuine evidence of actual confusion. However on balance, significant factors back up RIhanna. Topshop had made considerable effort to emphasise connections in the public consciousness between the store and celebrities notably Kate Moss, and now more(prenominal) importantly Rihanna. This made it more likely purchasers would conclude that the t-shirt was authorised and being a fashion retailer, consumers would reasonably expect Topshop to publicise and sell products authorised by celebrities. Topshops antecedent association with Rihanna was important as Topshop ran a competition in 2010 to win a personal shopping appointment with Rihanna. R ihanna also visited Topshop in 2012 which they chose to publicise by tweeting to their 350,000 Twitter followers, just before the t-shirt went on sale a significant commercial communication in the eyes of Birss J, to a demographic who value social media highly. Topshop had therefore repeatedly associated itself and it products with Rihanna in a high-profile manner and this demonstrated Topshop were looking to take advantage of Rihannas position as a style icon. The image on the t-shirt was taken during the video shoot of RIhannas single We Found Love from her 2011 Talk that Talk phonograph album. Importantly, it showed Rihanna with the akin hairstyle and headscarf as the album cover. This meant that the image was not just recognisably Rihanna but looked like a promotional shot for the music release. The court found that it was entirely likely that, to her fans, the image might be regarded as part of the marketing campaign. This was a critical point in the decision. Although Birs s J believed a good number of purchasers would buy the t-shirt without considering the question of authorisation, he concluded that, in the circumstances, a substantial proportion of those judging the t-shirt (specifically Rihanna fans) would be encouraged to think that it was clothing authorised by the popstar. They would have recognised that particular image of Rihanna not simply as an image of her but as a particular image of her connected with the particular context of the album. Many of these purchasers would have bought the product because they thought that Rihanna had authorised it others would have bought it because of the value of the perceived authorisation itself. In each case, the idea that it was authorised was part of what incite them to buy the product and in each case they would have been deceived.The test for damage was also easily satisfied. If a substantial number of purchasers were deceived into buying the t-shirt because of a false belief that it was authorised by Rihanna herself, then that would have damaged Rihannas goodwill, both by way of gross revenue lost to her merchandising trading and a loss of control over her reputation in the fashion sphere.18Considering the particular facts, it is not surprising Birss J found in Rihannas favour. The classical trinity of passing off were fulfilled, however this decision is unlikely to open the floodgates for cases to be brought every time a celebritys image is used without a merchandising license, as it was made clear the mere sale by a trader of a t-shirt bearing an image of a famous person is not without more, an act of passing off.19 Birss J was eager to emphasise that there is today in England no such thing as a free standing general right by a famous person (or anyone else) to control reproduction of their image.20 The judgment is useful as a confirmation of the general principles of passing off applied to unauthorised use of celebrity images.21 If the UK is approaching the debut of a d octrine of personality rights in some form, it is necessary to analyse the justifications and gauge whether they are robust enough to validate the subsequent restraints that would be placed upon society. The justifications suggested in support of personality rights fall largely into three groups moral, economical and consumer protection arguments.The labour-based moral justification is founded on John Lockes theory of property.22 Essentially, itprovidesthat an individualhasamoralrightintheobjectofvaluetransformedbecauseoftheir efforts. Nimmer supported this point by contending that the person who has long and laboriously nurtured the fruit of publicity values and has spent time, effort, skill, and even money in their earthly concern, is presumably allowed to enjoy it.23 Professor McCarthy feels personality rights are a common-sense, self-evident right needing little intellectual rationalisation to justify its existence.24 However, Madow deconstructs these arguments by contending t hat fame is something conferred by others and is not necessarily down to the efforts of the individual.25 still according to Madow the labour argument ignoresthe fundamentalrole themediaplayinthecreationofcelebrities.He uses the example of Einstein andobservesthatthemedia selectedhim becausehedidinterviews, wasquotable and hehadtherightlook.26TheimageofEinsteinthat is familiar today,what itmeanstothe pubic themadbutpleasant scientistwith bushywhitehairandmoustache wasa personality createdby themedia. Therefore only when the media and public take notice and attach importance to a personal image can it fully enter into the market place.27 Thus contrary to the statement by McCarthy, it would appear a celebrity cannot justify that they solely created their public image and consequently cannot stake an indisputable moral claim to the exclusive ownership or control of the economic value that comes with it.Personality rights can also be justified on economic arguments. Economic theory p roposes persons should be economically incentivised into undertaking socially, enriching activities such as creating a persona that benefits society culturally,28 and this creativity can only be encouraged if the person is given exclusive right to control their creations, because this provides incentive for performers to make economic investments required to produce performances appealing to the public.29 However Carty doubts whether personality rights would produce increases in economic activity or innovation.30 Following Madows ideas, the UK is shortly without a personality right, yet celebrities still gain significant income from their publicity values and failure to introduce such a right in the next will not stop individuals profiting from the income already gained through endorsements and merchandising officially authorised by them.31 According to Madow such protection also has distributional consequences,32 whereby personality rights elevate the price of merchandise and adve rtising in general, placing more wealth in the hands of a select few, who already derive significant income, and away(p) from the mass of consumers making up society.33Another justification for personality rights is the consumer protection argument focusing on the idea that without protection, the public will be misled about the authorisation of a celebritys association with a product or service. At first sight the consumer protection argument appears advisable, joining protection of the celebritys success with protection of the consumer, and it mirrors the traditional rationale for trademark and passing off.34 However personality rights would allow celebrities to stop commercial uses of their personas that are not fraudulent or deceptive, and Professor Shiffrin states personality rights give celebrites power to control the dissemination of truth for his or her own profit.35 On another level, Madow argues the degree to which personality rights would stop the consumer being misled i s generally superfluous,36 because in situations where there is a realistic chance that, consumers will be deceived or confused about a celebritys association or endorsement, legal mechanisms better adapted for that reason already exist, notably passing off.In conclusion, the extent to which Fenty constitutes a creation of a doctrine of personality rights is limited. In the words of Roberts this judgment does not change the law and it does not create an image right. It simply applies the animate doctrine of passing off to the evolving commercial reality of the value of celebrity endorsements.37 The decision is important as it improves a flaw in the Irvine verdict,38 in the same way that Irvine marked the first time that passing off was applied to false endorsement, Fenty is the first time it has been applied to false merchandising featuring a real person, with merchandising claims having only previously succeeded in relation to fictional characters,39 and indicates that UK courts a re slowly recognising the need to protect the commercial value of celebrity merchandising. It is clear from the case that the result was carefully balanced on particular facts and that if for example Rihanna had not been a fashion icon or the image was different she would have little chance of being successful. Fenty highlights the issue of misrepresentation is however always one of fact, and the false belief of the purchaser is key to constitute passing off, a false belief incited in the mind of the prospective purchaser must play a role in their choice to buy. Although there are persuasive advocates of the creation of a doctrine of personality rights,40 and there is also no definite rationale for an absolute rejection,41 it would seem the decision in Fenty should be welcomed because there are substantial drawbacks in the moral, economic and consumer protection justifications put forward. The decision develops passing off to a small degree to keep up with modern business practice without creating personality rights, which are not necessary as celebrities are already sufficiently protected. The tort of passing off has again demonstrated its inherent flexibility and that it is closely connected to and dependent upon what is happening in the market place. To sum up, without an element of consumer deception, English law in this area frame characteristically cautious,42 and this should be welcomed.1 J. Klink, 50 years of Publicity Rights in the United States and the Never Ending Hassle with Intellectual Property and Personality Rights in Europe, (2003), 4 IPQ 363, p.366.2 Irvine v Talksport Ltd 2003 EWCA Civ 4233 Reddaway v Banham (1896) 13 RPC 218 at 244 per Lord Halsbury4 Reckitt Colman v Borden 1990 1 WLR 491 at 499 per Lord Oliver5 2010 EWHC 2310 (Ch)6 D. Meale, Rihannas face on a T-shirt without a licence? No, this time its passing off, (2013) 8(11) JIPLP 823, p.823.7 C. Walsh, Are personality rights finally on the UK agenda?, (2013) 35(5) EIPR 253, p.253. 8 McCulloch v Lewis A whitethorn 1947 2 All ER 8459 Lyngstad v Anabas Products 1977 FSR 62 at 6710 Wombles Ltd v Wombles Skips Ltd 1975 FSR 488 Ch D11 Lyngstad v Anabas Products 1977 FSR 6212 Halliwell Ors v Panini Ors (6 June, 1997, unreported)13 Mirage Studiosv Counterfeat garments 1991 FSR 14514 2002 FSR 60 at para 13-1415 J. Klink, op.cit., p.375.16 Fenty v Topshop 2013 EWHC 2310 (Ch) at 4617 Ibid at 4218 Ibid at 7219 Ibid at 7520 Ibid at 221 H. Beverley-Smith and L. Barrow, Talk that tortof passing off RIhanna, and the scope of actionable misrepresentation Fenty v Arcadia Group Brands Ltd (t/a Topshop), (2014), 36(1) EIPR 57, p.61.22 J. Locke, The Second Treatise of Government, (New York Liberal Arts Press, 1952)23 M.B. Nimmer, The Right of Publicity, (1954) 19 Law and Contemporary Problems 203, p.216.24 J.T. McCarthy, The Rights of Publicity and Privacy, (New York C.Boardman, 1987), s.1.1B 2 at 1-5 s.1.11C at 1-46.25 M. Madow, Private Ownership of Public Image Popular Cultu re and Publicity Rights, (1993), 81 CLR 125, p.182.26 Ibid, p.19027 J. Fowles, Celebrity Performers and the American Public, (Washington D.C. Smithsonian Institute Press, 1992), p.84.28 J.T. McCarthy, Melville B. Nimmer and the Right of Publicity A Tribute (1987) 34 UCLA LR1703, p.1710.29 D.E. Shipley, Publicity Never Dies It just Fades Away, (1981) 66 Cornell LR 673, p.681.30 H. Carty, Advertising, Publicity Rights and English Law, (2004) 3 IPQ 209, p.251.31 M. Madow, op.cit., p.21132 Ibid, p.218.33 Ibid34 H. Carty, op.cit., p.252.35 S. Shiffrin, The First Amendment and Economic Regulations Away from a world(a) Theory of the First Amendment, (1983) 78 NW ULR 1212, p.1258.36 M. Madow, op.cit., p.233.37 J. Roberts, Face off Rihanna wins image rights case, (2013), 24(8) Ent LR 283, p.285.38 A. De Landa Barajas, Personality rights in the United States and the United Kingdom is Vanna too more? Is Irvine not enough?, (2009) 20(7) Ent LR 253, p.258.39 J. Roberts, op.cit., p.285.40 S. B ains, Personality rights should the UK grant celebrities a proprietary right in their personality? Part 2, (2013) 18(6) Ent LR 2054142 H. Beverley-Smith, op.cit., p.61.

Alcatraz: The Legendary Prison :: Descriptive Essay About A Place

Alcatraz The Legendary Prison We stepped off the large tour gravy boat with a look of fright in both our eyes. Some joy was there, but knowing what went on in this place made us experience the way we did. To me, Alcatraz didnt really look like a shut down prison at that moment. It looked more like an old worn down cemetery. The headstone on most of the buildings was chipped off all the way down to the wood. Most of the buildings had collapsed down to some cement foundations and old rusted poles hanging every different way. As we walked to the building where you start your tour, that was probably the only building at this place with cleanliness to it. They gave us our tour headphones, which take you through the whole prison with a audio guide telling you how it was in the prison. Not just how it was for the prisoners, but how it was for the guards too. The first place our sound guide took us to was the guard towers. They were about lambert feet tall and held enough room for mayb e two guards. The towers looked too old for anybody to get into these days, but they had a view of a good portion of that lieu of the prison and a good section of the ocean. There were towers stationed the entire way around the prison with maybe 100 yards in between them. The towers were protected with strong glass 360 degrees round. After viewing the towers Sean and I wanted to go see the prison cells. So we turned off our guide tapes for awhile and started heading up to the prison house. Everywhere Sean and I looked, it seemed like the entire place was just eroded. Some places were fenced off because they were not safe enough for spectators like ourselves to get taut enough to look at.We finally got to the prison cells after following a long cement path that would take you anywhere at Alcatraz. The path to the highest degree looked like a road, or some type of path they used for some type of transportation. Anyways, we went inside to explore how creepy the prison cells were re ally expiration to be. Well yep, they were just as we thought. Just glancing at them gave me weird feelings in my stomach. The first thing I did was got in a cell and told Sean to take a picture.

guilty as charged :: essays research papers

In William Goldings, The Lord of the Flies, an illegal butchering took place. Unlawful homicides vary from First degree murder to Manslaughter. Second Degree, murder is a eliminateing which is deliberate and planned in combination with felonies. When Piggy had gone to Castle Rock to retrieve his glasses, he ended fighting Jack. While the boys were disputing a gem was thrown at Piggy subsequently making him fall and die. Jack then proceeded to scream to Ralph that thats what he deserved, approving Piggys murder. The panel should find Jack Merridew guilty of Second Degree Murder in the death of Piggy.Granted, Jack Merridew himself did not belt down Piggy however, he did plan to kill anyone who was in his way when stealing Piggys glasses. Well keep along the sands. Then if he comes, well do our dance again Jack had planned to kill Ralph, ripe like they killed Simon in their dance, if he meddled with his plans. Piggy just happened to be the one who interfered with Jacks plans. Jac ks followers listened to what he said, and Roger turn over the rock at Piggy, killing him. Jack never really cared for Piggy from the start. He wanted him out of his way so he could become caput he was the only thing that kept Ralph in charge. Jack would sport done anything for that position, and Piggy interfered, which resulted in his murder. Jack did plan to kill someone, and Piggy happened to be first.In addition, Jack treated Piggy with extreme cruelty. Jacks brutal behavior toward Piggy exposed his evil side. This could be why he wanted to kill him, as they began arguing since they had first met. Jack also felt a desire for power Piggy would never grant him this supremacy, which led to violence either physically or verbally. After Jack let the fire go out, Piggy reprimanded him leading to frustration in Jack This from Piggy, and the wails of agreement from some of the hunters, bevy Jack to violence. The bolting look came into his blue eyes. He took a step, and able at last to hit someone, stuck his fist into Piggys stomach Jack could have hit anyone else but struck Piggy, showing his deep hatred for him. All Jack needed was the opportunity to kill Piggy, and he would have taken it just like when he punched him in the stomach.