Wednesday, October 30, 2019
One-child policy Essay Example | Topics and Well Written Essays - 1500 words - 1
One-child policy - Essay Example ture of global peace and development tend to focus on Chinaââ¬â¢s economy, its defense and armaments buildup and Chinaââ¬â¢s access to resources and energy. Yet, the one economic factor that is often overlooked in this analysis is Chinaââ¬â¢s one child policy and itââ¬â¢s fast changing demography. China happens to be the worldââ¬â¢s most populated nation. Right after the coming into existence of the Peopleââ¬â¢s Republic of China, the nation experienced a propitious population growth owing to a better medical care and sanitation and this population growth was envisioned to be an advantage (Button 468). Mao Zedong believed that even if the population of China augmented manifold, the nation had the resources to cope up with it. However, a fast increasing population putting stress on the nationââ¬â¢s food security encouraged the government to opt for a one child policy in 1979, a measure that had both favorable and bad consequences for the nationââ¬â¢s economic g rowth, demographic configuration and socio-economic characteristics (Button 467). There is no denying the fact that in the case of underdeveloped nations, supporting and sustaining population in the light of the available scarce resources is a great challenge. In that context China had always been pursuing a very planned and systematic approach towards its population growth in a contemporary scenario. In the light of this fact, the nation introduced the one child policy in 1979, in an aggressive bid to improve its economic situation and to augment the peopleââ¬â¢s standard of living (Connor 1). The one child policy required the couples belonging to ethnic Han majority to limit themselves to a single child (Connor 1). Although, to begin with, the one child policy was intended to be a short term measure, the nationââ¬â¢s success in reducing the population count by 400 million motivated it to continue with a revised version of the one child policy till today (Connor 1). As per Chinaââ¬â¢s one child policy the urban couples are
Monday, October 28, 2019
Contracts Business Law Essay Example for Free
Contracts Business Law Essay Contracts are often viewed as unnecessary in the eyes of the public. Most people think that they live their lives doing what they want, when they want with little regard for contractual law. In reality, contracts bind the decisions that most people make on a regular basis. By writing this article I will demonstrate the usefulness of contracts and how they relate to everyday life. I also intend to provide a reasonable idea of what would happen if we did not have contracts guiding decisions made. Because without contracts, the law would not know who to rule in favor of should the need arise, which happens on a daily basis all around the world. The basic definition of a contract is an agreement between two or more parties. This definition encompasses a great many things. If you take a look at the life of an average consumer, from the beginning of their day to the end of it, they make decisions based on factors that have been put in place by contracts. Our consumer wakes up in his home, which was bought from K. Hovnanian, a company that is well known for the designing homes and making peopleââ¬â¢s dream homes come to life. That house was built by contractors. By definition a contractor is a person or firm who contracts to build things. Electricians, carpenters, stonemasons, plumbers, home audio technicians, Sheet-rockers, painters, and floor specialists are all examples of contractors that were involved in making the consumers dream home come to life. However, K. Hovnanian does not have a contract with each of these types of contractors. Instead, they have a contract with a general contractor, who has agreed to hire each of the other types of contractors to complete the work necessary to make the house come to life. Our consumer works out a deal with K. Hovnanian for a certain price, which becomes the binding contract that K.à Hovnanian agrees to build the house for. The trademarks that K. Hovnanian uses to define who they are, is bound to them by a trademark agreement with the United States. According to the Legal Information Institute of Cornell University, A trademark is defined as ââ¬Å"Any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. â⬠By registering this trademark our consumer is able to safely say that it is K. Hovnanian they are dealing and not someone who is pretending to be them. Once the home is completed then, the consumer would then bring in a third party, to the agreement: Bank of America. Bank of America has entered into an agreement with our consumer to pay K. Hovnanian for the home built. In turn, the consumer must pay back Bank of America over the next twenty years at a fixed interest rate the amount of money borrowed. This becomes a mortgage contract. According to the Legal information institute at Cornell University, ââ¬Å"A mortgage contract, involves the transfer of an interest in land as security for a loan or other obligation. this is the most common method of financing real estate transactions. The mortgagor in this case K. Hovnanian is the party transferring the interest in land. The mortgagee, Bank of America, is the providing the loan given in exchange security. ââ¬Å"Normally, a mortgage is paid in installments that include both interest and a payment on the principle amount that was borrowed. â⬠Now that our consumer has bought his home and is moving in, a decision is made to buy items for the home that will be necessary for the consumer to live comfortably. Our consumer goes to Kmart and uses their Visa credit card to pay for a number of items such made by brand name companies such as Martha Stewart Living or Craftsman, the bill of sale, otherwise known as the receipt, is an agreement to pay the store for the amount of goods purchased. However, that is only the basics of the idea. The long process of agreements that we do not see and probably do not think about is there is a contract for every minor detail, allowing this transaction to happen. The consumer uses their Visa to purchase these goods up to a pre-determined dollar amount. Therefore, a request was made by the consumer to purchase the merchandise being sold by Kmart using Visa and, in turn an agreement was made with Visa to pay back in due time the amount for the goods purchased, plus interest of course. In turn, Kmart has agreed to honor Visa as per their contract with Visa. They worked out an agreement before hand to accept Visa, which would increase their sales and Visa would be allowed to keep a small percentage of the sale for the ability to use their services. However, to use the services provided by Visa, Kmart must have an agreement with a company that allows them to go beyond their store via electronic communications. The use of services through a company such as Verizon would be necessary. Verizon provides high speed internet as well as telephone services to companies like Kmart to allow them to access outside of the walls of the business. Therefore, Kmart enters into a binding contract with Verizon, for a pre-determined amount of time and a pre-determined amount of money allowing Kmart to use the services Verizon provides. Now that Kmart has the means to reach the outside world, they must purchase equipment, such as MagTek equipment, that would allow Kmart to use the Visa card allowing consumers to make a purchase on credit for goods that Kmart Provides. According to MagTekââ¬â¢s Website, ââ¬Å"MagTek is a manufacturer of electronic devices and systems for the reliable issuance, reading, transmission and security of cards, checks, PINs and other identification documents. â⬠Among the electronic devices, is a magnetic strip reader allowing consumers to use Visa credit cards to make purchases. Kmart also has an agreement with Omnimedia, the owning entity of the Martha Stewart living products, and Craftsman, a company that makes tools for everyday use. This type of agreement is known an exclusive dealing arrangement. According to the Legal Information Institute at Cornell University, ââ¬Å"Exclusive dealing arrangements are, essentially, requirement contracts in which a seller agrees to sell all or a substantial portion of its products or services to a particular buyer, or when a buyer similarly agrees to purchase all or a portion of its requirements of a product or service from a particular seller. This means that Kmart buys all of its tools from craftsman or all of its household items from Omnimedia. The reverse to this, is that Craftsman or Omnimedia may have an exclusive dealing arrangement in which they agree not to sell their products to competing companies or franchises. As you can see, there is much more going on in behind the curtains of a typical day, so that the consumer is able to live their life. These are only a handful of examples of what parts of our lives contracts have an impact on. There are many more out there. The opposite of having a life filled with contracts, is having one without them, which would likely be a life filled with chaos. Imagine the same scenario in the last few pages, but without contracts binding the many parties involved. Our consumer would set out to buy a home which they decide to do business with K. Hovnanian. On a handshake and a smile K. Hovnanian agrees to build the home, but changes things that the consumer specifically said he wanted to alter the price of the home. After a couple of weeks K.à Hovnanian contacts our consumer to let them know that they were able to secure the land, but the price will be higher. Reluctantly, the consumer agrees, after all this is a dream home that is being built. Another two weeks goes by, and K Hovnanian calls and says construction is right on schedule and that the house will be completed within the next couple of weeks. K Hovnanian and our consumer come to an agreement of money and the consumer has his bank give the money to K. Hovnanian as agreed. After a couple of Months of communication silence, the consumer gets agitated and goes to the lot where his house was being built. There is no house and no construction crew. He goes to the location where K. Hovnanian was only to find out they have closed their doors and left. After contacting some sources to find out the whereabouts of K. Hovnanian, the consumer finds out that the company he has been dealing with was not K. Hovnanian at all, just someone taking advantage of people using the K. Hovnanian name to get money for free. The one contract in all of this that our consumer did setup was with Bank of America for his Mortgage, which is now legally binding. The consumer cannot pay the mortgage and therefore his credit gets destroyed because of a failure to pay and a foreclosure on a home he never saw, which makes it so he never had a Visa card to pay for the purchases from Kmart. Because there was no contract, there was no crime. The company doing business as K. Hovnanian was not wrong because there is no copyright or trademark contract protecting the K. Hovnanian name. The consumer gave them money even though nothing had been in writing and no formal contract was made. In the end, this consumer was taken advantage of because contracts for the situation did not exist. The United States has placed many laws to protect the rights of companies and the trademark they possess. ââ¬Å"Section 1127 Construction and definitions; intent of chapter,â⬠is the chapter in US Code that defines the parameters in which a company may define or lose definition of their trademark. In turn, ââ¬Å"The Lanham Actâ⬠protects the owner of a federally registered trademark from anyone not authorized, to use it (http://www. gpoaccess. gov/uscode/). Also under United States Code under section 1454, is the protection of consumerââ¬â¢s rights when making purchases of land by obtaining a mortgage. These rights are put in place to protect the Bank issuing the mortgage, as well as, the consumer. All in all, Contracts are a part of our everyday lives whether we want it to be or not. They may not always be seen nor the effects of it so obvious, but they are there, and their purpose is to protect all parties involved from entering an agreement without understanding and respecting the rights of the other parties of the contract.
Saturday, October 26, 2019
Discrimination Against Those with AIDS :: Discrimination AIDS
Discrimination has grown over the years to be a major problem around the world. There are many different issues that discrimination addresses. One of the main issues that it evaluates is HIV/AIDS. Many people who are infected with the disease are discriminated against for something that they cannot control after they are diagnosed. More specifically, insurance companies and employers are one of the big factors in discrimination of these people in the work place. It is very important to them because they need the money in order to live and they need to coverage in order to stay healthy. Many people go through this battle of live with companies in order to survive, like Devin a middle aged man. These are very important issues that needs to be evaluated closely at and also their needs to be a solution for this problem in the world today. The Issue Do insurance companies and employers discriminate against people after they are informed that a person has HIV/AIDS? This is an important question at issue because many people and their loved ones are affected with terminal diseases, such as HIV/AIDS. Also, it is important because they are treated with disrespectful and it is not how any human being should be treated or cared for. They are regular looking and acting humans that happen to be infected with this horrific disease and that is the sole reason that they are being discriminated against. The public is unaware that they will not get the disease by touching the victim or using the same products or utensils as them. The only way that they could catch the disease from anyone is if they have sexual relations with them or if the share needles by taking drugs with someone who is infected with the virus. ââ¬Å"Two decades after HIV first appeared an estimated 30 million people worldwide have contracted the virus; 11.7 million people have dies of AIDSâ⬠(Frankowski xi). This deadly virus has continually and rapidly spread to all different people. Around the world this virus is a major problem and is affecting more women and children then ever before. Although when this disease first appeared it was male dominated, but they have passed it on to the women and in which case they pass on to their children when they are in the womb.
Thursday, October 24, 2019
Comparing Christina Rossettiââ¬â¢s Goblin Market and William Wordsworthââ¬â¢s T
Comparing Christina Rossettiââ¬â¢s Goblin Market and William Wordsworthââ¬â¢s The Thorn On the surface, the poems ââ¬Å"Goblin Marketâ⬠by Christina Rossetti and ââ¬Å"The Thornâ⬠by William Wordsworth appear to be very different literary works. ââ¬Å"Goblin Marketâ⬠was written by a young woman in the Victorian period about two sisters who develop a special bond through the rescue of one sister by the other. ââ¬Å"The Thornâ⬠was written by the Romantic poet William Wordsworth about a middle-aged man and his experience overlooking a womanââ¬â¢s emotional breakdown. Material to understanding the works ââ¬Å"Goblin Marketâ⬠and ââ¬Å"The Thornâ⬠is recognizing the common underlying themes of sex and gender and how these themes affect perspective in both poems. In Christina Rossettiââ¬â¢s ââ¬Å"Goblin Market,â⬠the main foci are on feminism and the oppression of women by men. The first part of Rossettiââ¬â¢s message is given through her thoughts on feminism, which is surely a major theme in this poem. For instance, the two main characters, Laura and Lizzie, reside free of any positive male interaction. Considering Rossettiââ¬â¢s background as part of Victorian society, the conclusion can be made that Rossetti longed for a place where she could be free of masculine overbearance. Even so, she understood the impossibility of any such personally ideal world. The poem illustrates this realization by including the Goblin men, who seem to haunt the female characters. The Goblin menââ¬â¢s low-pitched cries follow the girls. Laura and Lizzie constantly hear the goblins in the forest: ââ¬Å"â⬠¦Morning and evening / Maids heard the goblins cryâ⬠¦Ã¢â¬ (Rossetti, 1713.) Even while the characters were a lone or in the exclusive presence of women, the presence of the Goblin men exist... ...seful miscommunication between men and women. Lastly, when looking through the imagined perspective of the thoughtless male tricksters, the reader is shown the heartlessness of men. After this readerââ¬â¢s final consideration, the main theme in each of the presented poems is that both authors saw women as victims of a male dominated society. Works Cited: Jackson, Geoffrey. ââ¬Å"Moral Dimensions of ââ¬ËThe Thorn.ââ¬â¢Ã¢â¬ Wordsworth Circle. 10 (1979): 91-96. Mermin, Dorothy. ââ¬Å"Heroic Sisterhood in ââ¬ËGoblin Market.ââ¬â¢Ã¢â¬ Victorian Poetry. 21 (1983): 107-118. Rossetti, Christina. ââ¬Å"Goblin Market.â⬠The Longman Anthology of British Literature: Vol. 2B. Ed. David Damrosch, et al. New York: Longman, 1999. 1712-1724. Wordsworth, William. ââ¬Å"The Thorn.â⬠The Longman Anthology of British Literature: Vol. 2B. Ed. David Damrosch, et al. New York: Longman, 1999. 319-325.
Wednesday, October 23, 2019
Arcangelo Corelli: the Period, Life, and Works
Brianna Hunter MUL1110-3060 Professor Kranz February 20, 2013 Arcangelo Corelli: The Period, Life, and Works Music was discovered thousands of years ago and has only progressively gotten better with the invention of instruments and the development of musical dynamics. During the baroque period, in which Arcangelo Corelli lived and died, music was beginning to evolve into a more diverse musical experience. Arcangelo Corelli was one of the few violin and musical composer pioneers that helped shape music and create some of the most recognized compositions of his era.According to Baroque Music, Corelli not only shared his musical knowledge with fellow musicians, but was known as the ââ¬Å"founder of modern violin technique,â⬠the ââ¬Å"worldââ¬â¢s first great violinist,â⬠and the ââ¬Å"father of concerto grosso. â⬠The period, life, and works in which the great Arcangelo Corelli lived will be discussed in greater detail as the paper progresses. To begin, the baroque period, also known as the ââ¬Å"age of absolutism,â⬠is classified by the years 1600, in which opera began, to the death of Johann Sebastian Bach in 1750 (Kamien 99).Opera was birthed in Italy within the baroque period and provided the people a show of ââ¬Å"magnificent extravaganceâ⬠with more emphasis on the words than the music (Kamien 118-19). Furthermore, the baroque styled opera marked the entrance of castrato singers. These singers were males who had been castrated before they hit puberty to ensure the lung power of men and the vocal range of women. ââ¬Å"By combining virtuosity, nobility, and extravagance, baroque opera perfectly expressed the spirit of a grand ageâ⬠(Kamien 120).As well as the start of opera, the texture of the music was imperative during the baroque period. In the early baroque period, from 1600 to 1640, musicians favored the homophonic texture of music. Early baroque composers thought the only way to clearly project the lyrics of the so ngs was to have a main, constant melody with stressed contrasting sounds by singers against a chorus or using voices against instruments. On the contrast, during the late baroque period, 1690-1750, the favored texture was polyphonic, just as it had been during the renaissance period (Kamien 102).According to NAU, ââ¬Å"polyphonic texture contains two or more active melodiesâ⬠¦ with emphasis placed upon the interplay between lines, rather than on a single melody or a stream of chord soundsâ⬠(par 1). In addition, the layering of voices shares importance with the polyphonic texture of the baroque period. ââ¬Å"Layering is when two or more voices move at different but closely related levels of rhythmic activity, similar to different parts of a machine moving at different but related speedsâ⬠(ââ¬Å"Polyphonicâ⬠par 2).Although homophonic texture paved a way for music of the baroque period, most of the baroque compositions that are well-known used the polyphonic te xture which helped ââ¬Å"instrumental music become as important as vocal music for the first timeâ⬠(Kamien 102) In addition, the form of the music in the baroque period was also important. The musical forms varied from sonatas to concerto grosso to the most basic forms. For instance, the two basic musical forms are ternary form, which is a three-part A B A sequence, and binary form, which is a two-part A B sequence.The most commonly used basic form of the baroque period was the ternary form, which had sounds that mirrored ââ¬Å"a statement, a contrast or departure, and a return,â⬠hinting an A B A sequence (Kamien 49-50). Next, the concerto grosso was very essential for late baroque. The concerto grosso, ââ¬Å"a small group of soloists pitted against a larger group of players called the tutti (all),â⬠was used by orchestras in upper-class palaces that provided the soloists with ââ¬Å"brilliant and fanciful melodic linesâ⬠(Kamien 108).Finally, the sonatas we re popular in the baroque period for churches, performances, and for leisure. A sonata is ââ¬Å"a composition in several movements for one to eight instruments. â⬠In the same way, the trio sonata gained popularity with composers because they were composing for three melodic lines (Kamien 125). With that in mind, Arcangelo Corelli composed a trio sonata in 1689 for stringed instruments called the Trio Sonata in A Minor, Op. 3, No. 10 with four movements (Kamien 126). Although the trio onata would appear to have three parts, the trio sonata in fact has four instrumentalists, with two high instruments and two instruments for the lower basso continuo (Kamien 125). Relatively, tempo was an important development of the baroque era. Before the seventeenth century, tempo was indicated by notations. Conversely, the baroque period was the beginning of using terms to describe tempo which originated in Italy and quickly spread throughout Europe. Consequently, the terms still used today t o describe tempo are in Italian.For example, allegro means a fast tempo, accelerando means becoming faster, and largo means a very slow tempo. Even though the terms were created, some composers still had confusion about the many different meanings that the words could denote. In correlation, ââ¬Å"the invention of the metronome allowed composers to become very precise with their tempo markings, however most conductors and performers still tend to regard tempo as a matter of interpretationâ⬠(Miller par 4). In Fusignano, Italy, on February 17, 1653, over 360 years ago, Italian violinist Arcangelo Corelli was born to a prosperous family.Santa and Arcangelo Corelli Sr. had five children together, including Arcangeloââ¬â Ippolito, Domenico, Giovanna and Giacinto. Corelli was named after his father who unfortunately died a month before his birth and as a result, he was raised by his single mother, Santa Corelli (Talbot 181). Corelliââ¬â¢s initial musical studies were with th e local clergy near Faenza, Italy and then finally studied in Bologna, Italy in 1666. ââ¬Å"His studies there were with Giovanni Benvenuti and Leonardo Brugnoli, the former representing the disciplined style of the Accademia filarmonica (to which Corelli was admitted in 1670)â⬠(Whent par 1).According to Padre Martini, Arcangelo Corelli took his first violin lessons at Bologna from Benvenuti and then later Brugnoli (Talbot 181). In the mid 1670ââ¬â¢s, Corelli established himself in Rome, Italy where he found himself in the service of Queen Christina of Sweden in 1679 (ââ¬Å"Arcangeloâ⬠par 1). Prior to meeting Queen Christina, Corelli ââ¬Å"appeared as a violinist in the orchestra that recruited for a series of Lenten oratorios at S. Giovanni dei Fiorentiniâ⬠in 1676 (Talbot 182). In 1681, Arcangelo dedicated his Opus1 to the Queen of Sweden which he escribed as the ââ¬Å"first fruits of his studiesâ⬠(Talbot 183-84). In 1684, Corelli began to regularly pe rform at musical functions for an employer named Cardinal Pamphili. Shortly after beginning his services for Pamphili, Corelli dedicated his Opus 2 to him in 1685 (Talbot 185). Correspondingly, ââ¬Å"on July 9, 1687 Cardinal Pamphili engaged Corelli as his music master at a monthly salary of ten Florentine piastersâ⬠(Talbot 186). At this time, Corelli and his pupil, Matteo Fornari, moved into Pamphiliââ¬â¢s palace to serve their talents.Sadly, Pamphili moved out of Rome in 1690, which left Corelli to find a new patron. Fortunately, Corelli quickly found patronage in Cardinal Pietro Ottoboni, to whom he dedicated his Opus 4 to (Kemp par 1). Luckily for Corelli, Ottoboni viewed him more as friend than a servant and allowed Corelli to live the rest of his life in his palace (Kemp par 2). Furthermore, Corelli directed opera pieces at the Cancelleria and the Tordinona theatre. In ââ¬Å"Naples, Italy on May 1, 1702, Corelli played Scarlattiââ¬â¢s Tiberio, imperator dââ¬â¢ Orienteâ⬠(Talbot 188).With his evidently superior skills, ââ¬Å"in 1706 Corelli was elected as one of only a handful of musicians to the select the artistic circle known as the Accademia degli Arcadiâ⬠(Kemp par 2). Regrettably, after 1708, Arcangelo Corelli discharged himself from the publicââ¬â¢s eye, and ââ¬Å"busied himself with the composition of concerti grossoâ⬠(Talbot 189). A few years later, in December of 1712, his health began to deteriorate. Consequently, Corelli wrote his will on January 5, 1713, in which he left ââ¬Å"all his violins, his manuscripts, the plates of his Opus 4, and his future Opus 6â⬠to his pupil, Matteo Fornari.Three days later, Arcangelo Corelli, at the age of 59, died in Rome, Italy (Talbot 189) and was buried in the Pantheon, near Raphael Sanzio da Urbino, a famous painter (Kemp par 3). ââ¬Å"The anniversary of his death was marked for several years afterwards by solemn performances of his concertos in the Pantheonâ⬠(Talbot 190). In relation to Corelliââ¬â¢s musical success, his musical style was revolutionary. ââ¬Å"Corelli popularized certain rhythmical stereotypes, in particular the ââ¬Ëwalkingââ¬â¢ or ââ¬Ërunningââ¬â¢ bass in which an inessential note is interposed between two harmony notesâ⬠(Talbot 196). His allegros are characterized by rapid changes of harmony underlining the metrical structure, repeated notes, widely ranging themes, idiomatic violin writingâ⬠¦ and a mechanically progressive rhythmâ⬠(Whent par 6). Even though Arcangelo Corelli was an innovator of sorts, the only device he is named after is the ââ¬ËCorelli clashââ¬â¢ (ââ¬Å"where the late resolution on to the leading note at a cadence coincides with the anticipation of the tonic note in the companion upper partâ⬠) which was popular in 1680ââ¬â¢s dance music (Talbot 196).According to Talbot, ââ¬Å"in formal matters, Corelli is often credited with the clearest exposition of the difference between the ââ¬Ëchurchââ¬â¢ and ââ¬Ëchamberââ¬â¢ varieties of sonata, and the establishment of four movements as the norm in bothâ⬠(196). ââ¬Å"Few composers achieved so much so quickly, and with such economical means, as Corelliâ⬠(200). Undoubtedly, Arcangelo Corelli created many masterpieces that received much praise during and after his lifetime. His Opus 1, to whom he dedicated to Queen Christina of Sweden, is twelve church trio-sonatas. (ââ¬Å"Arcangeloâ⬠par 8).Opus 1 (Opera Prima) was written for ââ¬Å"two violins and Violone or Archlute with organ bass and in a somewhat serious contrapuntal styleâ⬠(Deas 7). Admittedly, Opus 1 has been reprinted ââ¬Å"through 35 known editions between 1681 and 1785â⬠(Talbot 193). Following Opus 1 and 2, Corelli created Opus 3 (Opera Terza), which is a set of twelve trio-sonatas in dedication to the Duke of Modena in 1689 (Deas 6). According to Deas, in Opus 3 ââ¬Å"there is plenty of vigorous independent part-writing in the many fugal movements and, in the slow introductions and middle movements, a poise and dignity that might be called Handelianâ⬠(7).In fact, Johann Sebastian Bach ââ¬Å"borrowed the subject of the second movement of Opus 3 No. 4 for an organ fugueâ⬠( Talbot 193). Not before long, Arcangelo Corelli was back at it again with his composition of Opus 5, the most popular opus of his career with 42 editions being reprinted by 1800 (Talbot 193). Opus 5 is a set of twelve violin and bass sonatas that were dedicated to Sophia Charlotte, Electress of Brandenburg with no clear date of creation (Deas 6). Corelliââ¬â¢s Opus 5 continued to be performed and used as teaching pieces before and after his death (Zaslaw par 2).In fact, according to Zaslaw, ââ¬Å"no other set of works enjoyed a comparable reception in the 18th centuryâ⬠more than Corelliââ¬â¢s Opus 5 (par 1). Before his untimely death, Corelli started, but never finished Opus 6 (Opus Sesta). Opus 6, dedicated to John William, Elector Palatine, was finally finished and published in 1714 (Edwards 526) with help from Corelliââ¬â¢s former pupil Matteo Fornari (Talbot 189). In Corelli's Opus 6 concerto grosso, ââ¬Å"the smaller group consists of two violins and a cello, and the larger of a string orchestraâ⬠(ââ¬Å"Arcangeloâ⬠par 5).Although Corelli did not invent concerto grosso, ââ¬Å"it was he who proved the potentialities of the form, popularized it, and wrote the first great music for itâ⬠and if not for him as a model, ââ¬Å"it would have been impossible for Vivaldi, Handel, and Bach to have given us their concerto grosso masterpiecesâ⬠(Arcangeloâ⬠par 4). Corelli ââ¬Å"reached his creative peak and climaxed all his musical contributionsâ⬠with the publication of his concerto grosso (ââ¬Å"Arcangeloâ⬠par 3). In final consideration, Arcangelo Corelli, Italian violinist, was a heavy hitter of his time p eriod.Corelli had many pupils that included Francesco Geminiani and Antonio Vivaldi who later went on to influence the famous Johann Sebastian Bach (ââ¬Å"Arcangeloâ⬠par 9). ââ¬Å"His contributions can be divided three ways, a violinist, composer, and teacher. It was his skill on the new instrument known as the violin and his extensive and very popular concert tours throughout Europe which did most to give that instrument its prominent place in musicâ⬠(ââ¬Å"Arcangeloâ⬠par 2). ââ¬Å"As a violinist, he was one of Europeââ¬â¢s most sought-after teachers, exerting an influence on instrumental technique which spread well into the 18th centuryâ⬠(Kemp par 3).Point in fact, according to Kemp, ââ¬Å"his 48 published trio sonatas, 12 solo violin sonatas and 12 concerti grossi were quickly recognized as offering supreme models of their kindâ⬠(par 3). ââ¬Å"As a composer he was the first to become famous based solely on instrumental composition, the first composer whose reputation was directly influenced by music publishers, and the first to produce instrumental works that would become classicsâ⬠(Cole par 1). Arcangelo Corelli ââ¬Å"has taken a place among the immortal musicians of all time, and he maintains that exalted position todayâ⬠and will forever remain a pioneer for baroque music (ââ¬Å"Arcangeloâ⬠par 10).Works Cited ââ¬Å"Arcangelo Corelli. â⬠Baroque Music. Internet Arton Publications, n. d. Web. 15 Feb. 2013. Cole, Richard. , et al. ââ¬Å"Arcangelo Corelli. â⬠à Virginia Tech Multimedia Music Dictionary. Virginia Tech Department of Music, n. d. Web. 15 Feb. 2013 Deas, Stewart. ââ¬Å"Arcangelo Corelli. â⬠Music & Letters Jan. 1953, Vol. 34, No. 1: 1-10. JSTOR. Web. 15 Feb. 2013. Edwards, Owain. ââ¬Å"Corelli and The Violin. â⬠à History Todayà 26. 8 (1976): 525-531. Academic Search Complete. Web. 15 Feb. 2013. Kamien, Roger. Music: An Appreciation. 7th ed. New York: McGraw-Hi ll, 2011. Print. Kemp, Lindsay. Arcangelo Corelli. â⬠BBC News. BBC, 2003. Web. 15 Feb. 2013. Miller, R. J. ââ¬Å"The Baroque Era. â⬠à clem. mscd. Appassionata Music Pub. , 2002. Web. 15 Feb. 2013. ââ¬Å"Polyphonic Texture and Genres. â⬠à NAU. N. p. , n. d. Web. 15 Feb. 2013. Talbot, Michael. ââ¬Å"Arcangelo Corelli. â⬠Italian Baroque Masters. Ed. Stanley Sadie. New York, London: W. W. Norton & Company, 1984. Print. Whent, Chris. ââ¬Å"Arcangelo Corelli. â⬠à HOASM. N. p. , n. d. Web. 15 Feb. 2013. Zaslaw, Neal. ââ¬Å"Ornaments for Corelli's Violin Sonatas, Op. 5. â⬠à Oxford Journals. Oxford University Press, 1996. Web. 15 Feb. 2013.
Tuesday, October 22, 2019
Search and Seizure Essay Example
Search and Seizure Essay Example Search and Seizure Essay Search and Seizure Essay Unit 5: Midterm Project Carolyn Newton Associates Capstone in Criminal Justice CJ299-01 Professor: Jennifer Wills October 3, 2011 The search of the crime scene is the most important phase of any investigation. Decisions of the courts restricting admissibility of testimonial evidence have significantly increased the value of physical evidence in homicide investigations. Therefore, law enforcement personnel involved in the crime scene search must arrange for the proper and effective collection of evidence at the scene. The arguments the lawyerââ¬â¢s will make in the Williamââ¬â¢s case is: once an item is recognized as evidence it must be properly collected and preserved for laboratory examination. However, in order for physical evidence to be admissible, it must have been legally obtained. The courts have severely restricted the right of the police to search certain homicide crime scenes without a search warrant, (Mincey v. Arizona 437 US 385, 1978). His lawyerââ¬â¢s argument will be that Williams Forth Amendment rights were violated because it states that: ââ¬Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized therefore, the police should have first secured a search warrantâ⬠. Because the evidence collected at the Ellis home was obtained without a warrant, this would be the argument of the defense to have the evidence excluded. The exclusion in this case should only pertain to the evidence collected from the Ellis home. Any and all evidence that was collected from the Stevens home should not be excluded because it was collected with consent of the homeowner. In this case, Mrs. Stevens gave permission for the police to search her home and the fact that Mr. Stevens was now deceased; there would be no need for his consent. Without probable cause or a warrant, the police can search when they have voluntary consent from the individual. The consent must in fact be voluntary and not the result of duress or coercion expresses or implied. State v. Pearson, 234 Kan. 906, 631 P. 2d 605 (1984); Schneckloth v. Bustamonte, 412 U. S. 218, 225-26, 93 S. Ct. 2041, 36 L. Ed. 2d 854 (1973). Consent would be a legal justification for a search because it states that: If the person who is in control of the property consents to the search without being coerced or tricked into doing so, a search without a warrant is valid. Note that police do not have to tell you that you have the right to refuse a search, but you do. Also, note that if you have a roommate, he or she can consent to a search of the common areas of your dwelling (kitchen, living room), but not to your private areas (bedroom, for instance). On the other hand, the Supreme Court recently ruled that one spouse cannot consent to the search of a house on behalf of the other. In 1984 The Supreme Court once again stepped in to address the same issue in Thompson v Louisiana 469 US 17 (1984). In the Thompson case, a woman who was reportedly depressed shot and killed her husband. She then took an overdose of pills in an attempt to commit suicide. She then suddenly experienced a change-of-heart and decided she didnt want to die. She called her daughter, who in turn called the Sheriffs Department, which dispatched an ambulance and deputies to the womans home. The woman was transported to the hospital where she was treated. Investigators were called to the house and gathered evidence of the murder in the crime scene. The woman was subsequently charged and convicted in the murder of her husband. The United States Supreme Court ruled against The State of Louisiana citing the Mincey Decision and the expectation of privacy provided in the Fourth Amendment. The womans conviction was overturned. Once again the courts ruled that there was NO Homicide Exception and that the police were required to obtain a search warrant. The Exclusionary Rule is available to a defendant in a criminal case as a remedy for illegal searches that violate the rights set forth in the Fourth Amendment. When applicable, the rule dictates that the evidence illegally btained must be excluded as evidence under the Fourth Amendment. Mapp v. Ohio, 367 U. S. 643. One important corollary to the Exclusionary Rule is the ââ¬Å"fruit of the poisonous treeâ⬠doctrine. (McManus 2003). This rule holds that, in addition to the material uncovered during the illegal search being inadmissible, any evidence that is later gathered as an indirect result of the illegal search will also be excluded. Wong Sun v. United St ates, 371 U. S. 471. Example: 1- Say for instance, the police illegally search an individualââ¬â¢s home and find drugs. The drugs will be excluded as evidence in the case against the individual in accordance with the exclusionary rule. Example : 2 If the police conduct an illegal search of an individualââ¬â¢s home and find a map showing the location of a well-hidden, remotely located outdoor marijuana field. The police go to the field and seize the marijuana. Under the doctrine of fruit of the poisonous tree, the marijuana will be excluded as evidence in the case against the individual as it stemmed directly from an illegal search. There are two important exceptions to the ââ¬Å"fruit of the poisonous treeâ⬠doctrine: 1. If the police have an independent source of knowledge of the evidence aside from the fruits of the illegal search, then the doctrine will not exclude the discovered evidence. 2. If the discovery of the evidence was inevitable, the evidence may be admitted, as it was not then the illegal search that caused the evidence to be found. ââ¬Å"Inevitableâ⬠is a strong word, and in order to admit evidence under this exception, a court must find that police would have discovered the evidence whether or not they conducted the unreasonable search. Example: 1: 2- If an officer illegally searches an individualââ¬â¢s barn and discovers documents identifying the individual as the culprit behind an internet scam. The next day a confidential informant e-mails the officer the same documents. The documents are admissible as evidence because there was an independent source for the evidence besides the illegal search After arriving at the scene, I would have taken the route least likely to disturb evidence, noting my route of travel. After checking the victim for signs of life, (breathing and neck area for pulse). I would then have noted the time of arrival. Before allowing the removal of the victim (Mr. Williams), I would have photographed his position at the scene and obtained any and all physical evidence from victim. After notifying command, I would then request assistance, and begin by making a video tape recording of the crime scene which would include video tape shots of the evidence being collected, and examining the victim at scene. I would then begin organizing the search by adopting a specific plan, assigning tasks areas of search to individual officers. One officer would be assigned to collect, mark and transport items found. I would then execute the search by carefully following the planned assigned tasks. Next, by marking and photographing the location of objects found such as the knife, latent fingerprints, footprints, tool marks, hair, fragments of cloth, buttons, cigarette butts, bloodstains, etc. All of this would be done while the team is waiting for the search warrant to arrive. References Hendrie, Edward M. // FBI Law Enforcement Bulletin; Sep97, Vol. 66 Issue 9, p26 McManus, Brian C. // Defense Counsel Journal; Apr2003, Vol. 70 Issue 2, p540 (Mincey v. Arizona 437 US 385 (1978). State v. Pearson, 234 Kan. 906, 631 P. 2d 605 (1984); Schneckloth v. Bustamonte, 412. Thompson v Louisiana 469 US 17 (1984). S. 218, 225-26, 93 S. Ct. 2041, 36 L. Ed. 2d, 854 (1973).
Monday, October 21, 2019
the leadership moment essays
the leadership moment essays The Leadership Moment is a collection of "nine true stories of triumph and disaster and their lessons for us all." The stories are familiar: Eugene Kranz and Apollo 13; John Gutfreund and Salomon Brothers; Joshua Lawrence Chamberlain and the Civil War, to name a few. The stories are drawn from the past and present, represent a wide-range of challenges that include both natural and man-made disasters, and illustrate lessons of success and failure. The author, Michael Useem, is the director of the Wharton Schools Center for Leadership and Change Management. He does a superb job of relating the events and definitive moments of each narrative. Events unfold with the right mix of facts and drama to keep the reader interested. Lessons, or implications as Useem calls them, are woven throughout the narratives. Charts and pictures supplement the text where appropriate. The nine stories are sandwiched by an introduction and conclusion. All the implications presented in the book, about 40, are summarized in a final chapter called "A Leader's Guide." The book assumes that much can be learned about leadership by the successes and failures of others. The author's concluding chapter extracts nine leadership principles from the nine leadership moments: know yourself, explain yourself, expect much, gain commitment, build now, prepare yourself, move fast, find yourself, and remain steadfast. The Leadership Moment reads like an adventure novel. Even the books cover, mountain climbers trudging up a foreboding slope, promotes a sense of intrigue and danger. Useem is a great storyteller. His selection of narratives provokes many thoughts about leadership triumphs and disasters. My only real frustrations with the book stem from the implications and the nine leadership principles. The 40 implications that Useem introduces across the nine chapters can overwhelm a reader. Even though he summarizes them in the Leadershi...
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