Saturday, November 30, 2019
Lymphoma Essays (648 words) - Lymphoma, Hodgkins Lymphoma
Lymphoma Lymphoma Controlling Purpose: In this paper you will be informed about the cause, symptoms, and treatment of lymphoma. You will also learn about the lymphatic system and how this cancer affects it. I. Lymphatic system A. Function of the system B. Parts of the system. C. How cancer affects the system II. Types of lymphoma A. Hodgkin's lymphoma B. Non-Hodgkin's lymphoma III. Cause of lymphoma A. HIV B. Organ transplant IV. Treatment A. Radiation B. Chemotherapy C. Bone marrow transplant Lymphoma Lymphoma is cancer of the lymphatic system. Any group of cancers in which the cells of lymphoid tissues multiply unchecked. Clayman, 657. This is the system which manufactures and circulates lymph throughout the body. The purpose of the lymphatic system is to help the body fight infection. Lymph is a colorless fluid that contains white blood cells. This system also consists of the spleen, nodes and tonsils. The nodes are small organs found in the neck , under the arms, in the groin and abdomen. The nodes store infection fighting cells. Normally, cells grow, divide, and replace themselves in and orderly way. When lymphoma occurs, cells in the lymphatic system grow out of control. When this happens too much tissue is formed and a tumor is developed. The tumor is usually in the nodes found in the neck, this is one of the symptoms of lymphoma. Since lymph is circulated throughout the body, it spreads easily. Cancerous lymphocytes can be confined to a single lymph node or can be spread throughout the body to almost any organ. Berkow, 770. There are two basic types of lymphomas, Hodgkin's and non-Hodgkin's lymphomas. There is little difference between the two types of cancers. The main difference is the ages it affects. Hodgkin's usually occurs in younger people while Non-Hodgkin's usually occurs in older people. Some forms of lymphoma are curable, but other forms are not. Hodgkin's lymphoma is more curable than non-Hodgkin's lymphoma. Sometimes the cancer will go into remission for a few years then come back. The cure rate of some lymphomas is high, but the cure rate of others is low. For the most part the cause of lymphoma is unknown. In some cases an organ transplant may cause lymphoma because is suppresses the immune system. It is also thought that HIV may allow other viruses to cause lymphoma. In most cases of non-Hodgkin's lymphoma, the cause is unknown. Occasionally, the disease is associated with the suppression of the immune system. Clayman, 657. There are only a few types of treatment for lymphomas. The two main types of treatment are radiation and chemotherapy. An anticancer drug is also used to help fight the cancer. When the cancer is very serious a bone marrow transplant is sometimes used. Most patients who are treated survive five years longer than people who are affected by the cancer and are not treated. To diagnose lymphoma a portion of the lymph node is removed and examined for cancerous cells. More tests are run on the tissue to determine what type of lymphoma, grade, and stage the cancer is in. After this the doctor will decide which type of treatment will be best for the patient. The extent of the disease is assessed by a process called staging. Berkow, 773. Lymphoma can be classified into four basic stages. In the first stage there is only one cancer site. In the second stage there are two cancer sites, both are above or below the waist. In the third stage, there are cancer sites both above and below the waist. The bone marrow is not affected. In the fourth and worst stage, The cancer has spread outside of the lymphatic system. The bone marrow has also been infected. Bibliography Berkow, Robert, ed. The Merk Manual. Whitehouse Station, N.J.: Merk and Co., Inc., 1997. Clayman, Charles, B., ed. Home Medical Encyclopedia. New York: Reader's Digest Association. What is Lymphoma. Macintosh. Http://www.lymphoma.org Health and Beauty Essays
Tuesday, November 26, 2019
To live or to die essays
To live or to die essays Everyday hundreds of Americans die in either accidents, shooting, from sickness, and evening the death penalty. Capital punishment is a very difficult issue and there are as many different opinions for or against it as there are people. Each yeah over two hundred people are placed on death row. Some of those people deserve to be on death row and a few dont but there is no way to separate the wrongly accused from those who belong. To live or to die is the question that crosses every judges mind when the time comes to prosecute a criminal. It is not an easy decision but it has to be made. Once the decision is made to place someone on death row, there is no turning back, only the anticipation of that day when a life is brought to an end slowly but surely. Those opposing capital punishment think of losing a loved one to someone who has no meaning for taking a life. those who are defending capital punishment, think about a loved one that maybe wrongly accused and sentenced to death. There are two sides to capital punishment either to live or There was a period were capital punishment was ruled unconstitutional by the supreme court. Their reason for this was that the death penalty was cruel and unusual punishment under the eighth amendment which states, that excessive bail shall not be required, nor excessive fines imposed, no cruel or unusual punishment inflicted. When the constitution was drafted, indeed capital punishment was practiced widely in this country but it was not specified as cruel and unusual. Those who are for capital punishment argue that penal laws are demonstrating to everyone that it is not in the best interest to murder. Capital punishment is something that is deserved when someone takes the life of another individual for no reason. The fear of death deters people from committing crimes, says Leslie Cantu (Interne ...
Friday, November 22, 2019
Battle of the Trebia in the Second Punic War
Battle of the Trebia in the Second Punic War The Battle of the Trebia is believed to have been fought on December 18, 218 BC during the early stages of the Second Punic War (218-201 BC). For the second time in less than fifty years, the competing interests of Carthage and Rome came into conflict and resulted in war. Following his capture of Saguntum in Iberia, the noted Carthaginian commander Hannibal, advanced over the Alps and invaded Italy. Taking the Romans by surprise, he advanced through the Po Valley and won a minor victory at Ticinus. A short time later, Hannibal descended on a larger Roman force along the Trebia River. Taking advantage of a rash Roman commander, he won a crushing victory. The triumph at Trebia was the first of several that Hannibal would win during his time in Italy. Background Having lost Sicily after the First Punic War (264-241 BC), Carthage later endured the loss of Sardinia and Corsica to the Romans when they were distracted putting down rebellions in North Africa. Recovering from these reverses, Carthage commenced expanding its influence to the Iberian Peninsula which gave it access to a variety of resources. This expansion led to direct conflict with Rome over the Hellenized city of Saguntum which was aligned with the Italian nation. Following the assassination of pro-Carthage citizens in Saguntum, Carthaginian forces under Hannibal laid siege to the city in 219 BC. Hannibal Marches The citys fall after a prolonged siege led to open warfare between Rome and Carthage. Completing the capture of Saguntum, Hannibal began planning to cross the Alps to invade northern Italy. Moving forward in the spring of 218 BC, Hannibal was able to sweep aside those native tribes that attempted to block his path and entered the mountains. Battling harsh weather and rough terrain, Carthaginian forces succeeded in crossing the Alps, but lost a significant part of there numbers in the process. Surprising the Romans by appearing in the Po Valley, Hannibal was able to earn the support of rebelling Gallic tribes in the area. Moving quickly, Roman consul Publius Cornelius Scipio attempted to block Hannibal at Ticinus in November 218 BC. Defeated and wounded in the action, Scipio was forced to fall back to Placentia and cede the plain of Lombardy to the Carthaginians. Though Hannibals victory was minor, it had significant political repercussions as it led to additional Gauls and Ligurians joining his forces which raised his armys numbers to around 40,000 (Map). Rome Responds Concerned by Scipios defeat, the Romans ordered Consul Tiberius Sempronius Longus to reinforce the position at Placentia. Alerted to Sempronius approach, Hannibal sought to destroy the second Roman army before it could unite with Scipio, but was unable to do so as his supply situation dictated that he assault Clastidium. Reaching Scipios camp near the banks of the Trebia River, Sempronius assumed command of the combined force. A rash and impetuous leader, Sempronius began making plans to engage Hannibal in open battle before the more senior Scipio recovered and resumed command. Hannibals Plans Aware of the personality differences between the two Roman commanders, Hannibal sought to fight Sempronius rather the wilier Scipio. Establishing a camp across the Trebia from the Romans, Hannibal detached 2,000 men, led by his brother Mago, under the cover of darkness on December 17/18. Sending them to the south, they concealed themselves in stream beds and swamps on the flanks of the two armies. The following morning, Hannibal ordered elements of his cavalry to cross the Trebia and harass the Romans. Once engaged they were to retreat and lure the Romans to a point where Magos men could launch an ambush. Fast Facts: Battle of the Trebia Conflict: Second Punic War (218-201 BC)Dates: December 18, 218 BCArmies Commanders:CarthageHannibal20,000 infantry, 10,000 cavalryRomeTiberius Sempronius Longus36,000 infantry, 4,000 cavalryCasualties:Carthage: 4,000-5,000 casualtiesRome: up to 26,000-32,000 killed, wounded, and captured Hannibal Victorious Ordering his own cavalry to attack the approaching Carthaginian horsemen, Sempronius raised his entire army and sent it forward against Hannibals camp. Seeing this, Hannibal quickly formed his army with infantry in the center and cavalry and war elephants on the flanks. Sempronius approached in the standard Roman formation with three lines of infantry in the center and cavalry on the flanks. In addition, velite skirmishers were deployed forward. As the two armies collided, the velites were thrown back and the heavy infantry engaged (Map). On the flanks, the Carthaginian cavalry, making use of their greater numbers, slowly pushed back their Roman counterparts. As pressure on the Roman cavalry grew, the flanks of the infantry became unprotected and open to attack. Sending forward his war elephants against the Roman left, Hannibal next ordered his cavalry to attack the exposed flanks of the Roman infantry. With the Roman lines wavering, Magos men sprang from their concealed position and attacked Sempronius rear. Nearly surrounded, the Roman army collapsed and began fleeing back across the river. Aftermath As the Roman army broke, thousands were cut down or trampled as they attempted to escape to safety. Only the center of Sempronius infantry, which had fought well, was able to retire to Placentia in good order. As with many battles in this period, precise casualties are not known. Sources indicate that Carthaginian losses were around 4,000-5,000, while the Romans may have suffered up to 32,000 killed, wounded, and captured. The victory at Trebia was Hannibals first great triumph in Italy and would be followed by others at Lake Trasimene (217 BC) and Cannae (216 BC). Despite these stunning victories, Hannibal was never able to completely defeat Rome, and was ultimately recalled to Carthage to aid in protecting the city from a Roman army. In the resulting battle at Zama (202 BC), he was beaten and Carthage was forced to make peace.
Wednesday, November 20, 2019
Rewarding Volunteers Essay Example | Topics and Well Written Essays - 1750 words - 1
Rewarding Volunteers - Essay Example The paper tells that in order to attract and motivate volunteers, organizations need to come up with effective volunteer management programs that will ensure those individuals are always motivated and at the same time they gain some skills while offering their services to the organization. A comprehensive training program needs to be established to ensure the quality of services that they offer is acceptable and at the same time add value to the volunteers to make them more knowledgeable in their line of specialization thus ensuring they become more attractive to employers in the job market. Understaffing at the online university can be traced to some reasons but the primary factor is the lack of strategic planning. It is prudent that prior to the implementation of the program it ought to have conducted a feasibility study to ascertain that it will meet all the requirements that will see the program running smoothly. Ideally, personnel is the most valuable resource in any organizatio n thus firms have to give it the priority during planning since without the workers who will be implementing the organizational objectives nothing meaningful will be accomplished. Thus, it is evident that poor strategic planning was the key issue that culminated to understaffing at the online university since it is prudent that if the organization did not have sufficient funds to implement the entire program it had to wait until the moment it had acquired all the necessary resources before deploying the program.
Tuesday, November 19, 2019
Marriage and divorce Essay Example | Topics and Well Written Essays - 1250 words
Marriage and divorce - Essay Example and Lynn Kunz 1995). High risk factors that make marriages prone to divorce include social differences between the partners as well as abuse. Some of these causes may be prevented while some are inherent. Marriage is a lifetime commitment between two parties. It is a social institution, forming a binding contract between spouses in regards to their obligations between them and their relatives. Owing to the fact that it is a social institution, marriages form a broad setup, differing from one culture to the next. The decision to marry and who to marry largely depends on the cultural and religious beliefs of individuals. According to statistics, marriage institutions in the late twentieth century decreased by 30% (Weastermak 2002). The reasons could be attributed to the fact that more people choose to cohabit rather than to marry. Tough economic times may also prevent men from committing to the marriage institution so as to prevent dowry payment as well as expensive wedding ceremonies. However, due to the administrative laws put in place, as well as legal rights protecting women, some marriage setups are illegal. These include child and forced marriages, polygamy as well as planned mar riages. Other developments include the existence of civil marriages, which does no t recognize the religious fraternity, but rather the rights and obligations outlined by the government. Initially, marriage only involved people of the same gender, but some laws currently allow the union of spouses of similar gender. This development first surfaced in 13 nations in the beginning of the 21C. Other developments include inter racial and interfaith marriage unions. If well reviewed at the point of initiating marriage, couples remain prepared of what is expected of them to prevent overwhelming instances by marriage challenges. Couples committed into making their marriages work have less chances of
Saturday, November 16, 2019
Indus valley civilizations Essay Example for Free
Indus valley civilizations Essay The Indus Valley civilization is an ancient civilization that prospered along the Indus River and Ghaggar-Hakra River in present day Pakistan and India. The Indus valley civilization is sometimes called the Harappan Civilization in reference to the first excavated city called Harappa. The Indus Valley civilization was discovered in the 1920s. The existence of the Indus Civilization is only proved by excavations and maybe some Sumerian writings, e. g. The Mehulan, which is said to correspond with Indus Valley civilization. The Indus Valley Civilization extended from Balochistan to Gujarat, with an upward reach to Punjab from east of the river Jhelum to Rupar on the upper Sutlej. Coastal settlements extended from Sutkagan Dor in Western Baluchistan to Lothal in Gujarat. Besides the western states of India, the Indus Valley Civilization encompassed most of Pakistan. An Indus Valley site has been found on the Oxus River at Shortughai in northern Afghanistan, at Sutkagen dor (Western Baluchistan, Pakistan), at Mandu on the Beas River near Jammu, and at Alamgirpur on the Hindon River, only 28 km from Delhi. Indus Valley sites have been found most often on rivers, but also on lakes, the ancient sea-coast and on islands. There is no documentary evidence that the Indus civilization really existed. What is known of it is the archeological evidence. The assumption that a civilization once existed and prospered in that valley is based on what was found there at the at the excavation sites. It is a well known fact, through out history, ancient Civilizations always started along the banks of rivers or water bodies. Archeologists create theories out of their findings. Most of the artifacts found on archeological sites are explained away with out any substantial recorded facts to back their explanations. The discovery of the Indus valley civilization proves that indeed there has been some human presence around there but the question is: is the Indus valley civilization exactly what we are being told it is today? Are the facts acceptable for scholarly pursuits? It has being recorded that the Indus valley civilization had elements of urbanism such as advanced sewerage systems, dockyards, warehouses, granaries such as we have today. One could clearly conclude from these facts that a great form of civilization indeed existed which might be the basis of what we have today. The lack of authoritative and verifiable written materials on the Indus civilization makes it very difficult to study. This is because the proof of it does not exist in writing in the first place so that at least they can serve as other sources for referencing when in doubt. Good scholarly conclusions can only be drawn from authentic facts which can be proven over time and this is not a very strong point of the Indus civilization.
Thursday, November 14, 2019
Essay --
ââ¬Å"Either with your shield, or on it.â⬠These were the words said by Spartan women as their men left for war. The meaning is clear: either return with your shield, alive and victorious, or return as a corpse. There are no other options. This mentality of ââ¬Å"Spartans never retreat, Spartans never surrender,â⬠and a lifetime of physical training produced in ancient Sparta an elite caste of warriors who dominated classical Greece for centuries. The Spartans were greatly respected during their day, causing one exiled King to say ââ¬Å"the Lacedaemonians, when they fight singly, are as good as any in the world.â⬠Time has done nothing to soften the praise felt for the Spartan warrior. Innumerable video games, films, and novels have represented Spartans as invincible warriors, the valiant Spartan phalanx standing strong against a horde of unending barbarians. Invariably, the Spartans have been represented as speaking of ââ¬Ëfreedomââ¬â¢ and ââ¬Ëreason,ââ¬â¢ versus the forces of tyranny and barbarism. While most wars the Spartans fought were against other Greeks, as the fractious Greek city-states were wont to do, invariably the popular culture accounts of the 20th and 21st century depict them as being pitted against the largest contemporary empire, the Persians, who, in an incredibly short period, were able to create the largest land empire the world had yet seen. The Persians surpassed the Greeks in many ways, and yet there are no Hollywood blockbusters about Cyrus conquering Babylon, or video games of Persian military feats. Modern popular culture has raised the Spartan to the highest pedestal of adoration, producing pulp of every kind to feed his flame. The Persians, meanwhile, have been brought low and demonized, even neglected. The questi... ...aging.â⬠This logic struck Cyrus so much that he acted on the advice of Croesus and reclaimed the booty. Here Cyrus is portrayed as a rational, just ruler, who treats conquered subjects with restraint. This is in contrast to the loser in the struggle, Croesus, who, although Herodotus represents as wise and strong, is much too hasty. When he received the prophecy from the Oracle at Delphi of ââ¬Å"If you attack, you will destroy a great empire,â⬠in response to his question of whether he should bring the fight to the Achaemenids, he rushed across the river to attack Cyrusââ¬â¢s position, eager to destroy a great empire. Of course, the ambiguity of the oracle was his undoing, as it was his own Lydian empire that he destroyed. In this episode, Herodotus is not afraid to admit the faults of his Ionian Greek brethren, or to ascribe positive attributes to the Greekââ¬â¢s enemy.
Monday, November 11, 2019
Louis Vuitton Malletier V Dooney & Bourke Inc
Louis Vuitton Malletier v Dooney & Bourke Inc. In this famous case known as the ââ¬Å"Battle of the Handbagsâ⬠Louis Vuitton (LV) sues Dooney & Burke (D&B) for trademark infringement of its multicolore line. The Plaintiff, Louis Vuitton Malletier ,is a French fashion house founded in 1854 by Louis Vuitton. The famous label is well known for its LV monogram, which is featured on most of its products. Louis Vuitton is considered as one of the worldââ¬â¢s most valuable and prestigious brands. The LV monogram was created in 1896 by Louisââ¬â¢ son Georges Vuitton who invented the symbol and the letters represent his fatherââ¬â¢s initials.The logo is a Japanese-inspired flower motif which initially was created as a way to prevent counterfeiting. This memorable logo is now synonymous with luxury, brilliance and indulgence. It is the world's 29th most valuable brand and is estimated to be worth over $19 billion USD. Unfortunately, Louis Vuitton is one of the most counterfeited brands in the fashion world due to its image as a status symbol. The company takes counterfeiting seriously, and uses all its possible resources to fight counterfeiting. The Defendant, Dooney & Bourke, is an American company founded in 1975 by Peter Dooney and Frederic Bourke.The company specializes in fashion accessories and is best known for its high quality handbags, accessories, and travel luggage. Their Signature and Mini Signature handbags consist of the ââ¬Å"DBâ⬠initials interlocking in a repeating pattern. The founders of the company started off with two introductory products: surcingle belts and suspenders for men. Their products became very popular due to their unique design and color. Now Dooney & Bourke is a well-known brand in America and has a good reputation for making quality products. The defining look of Dooney & Bourke is elegant and sophisticated, but above all, it is timeless.Its classic designs make these handbags the perfect accessory for any outfit d ue to the superior quality and unique form. In 2002, the designer Marc Jacobs invited the Japanese artist Takashi Murakami to come up with a fresh take on the Louis Vuitton â⬠toile monogramâ⬠famous entwined LV logo intermixed with flower shapes for a new line of bags. This led to the creation of the Monogram Multicolore design, in 33 colors, displayed on handbags in a repeating pattern against a white or black background. The bags made their debut on Paris runways in October 2002 and were then presented in prestige retail outlets in March 003, where they sold for up to $3,950. Previously LV registered its famous LV monogram design pattern and the individual unique shapes as trademarks with the United States Patent and Trademark Office. In July 2003 D in collaboration with Teen Vogue developed a new line of handbags for teenagers. It was launched as the ââ¬Å"It Bagâ⬠collection. The pattern on the purses consisted of the entwined ââ¬Å"DBâ⬠initials printed in contracting colors on variety of colored backgrounds and white and black background. D released handbag line looked similar to Louis Vuitton's trendy model, but the price was significantly lower.Considering the fact that Louis Vuitton fights counterfeiting very aggressively, not surprisingly, the matter ended up in the courts. LV immediately viewed the ââ¬Å"It Bagâ⬠as a copy of their design. When Louis Vuitton gathered with legal counsel on their options to file suit against Dooney and Bourke, they became aware of the alternatives that were available to them in order to move forward. For designers and manufacturers in the American Fashion industry, there are four possible avenues to explore: 1) Copyright protection, 2) Patent protection, 3) Trade Dress protection and 4) Trademark protection.Copyright protection covers a range of categories including literacy, musical, dramatic, choreographic, pictorial and architectural works. Within this range, the only one that is applica ble to fashion designs is pictorial, as it shields two- and three- dimensional works. Patent protection shields any ââ¬Å"new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereofâ⬠. Since the design in the fashion industry rarely creates a new process, machine or manufactures, they have a separate statute specifically for them for new, original and ornamental design for an article of manufacture.Trade dress protection is addressed under the Lanham Act to defend the design and appearance of the product as well as that of the container and all elements making up the total visual image by which the product is presented to customers. Colors have also been addressed under the Trade dress protection in which the United States Supreme Court has stated that the color and designs of a product are only protected under the Lanham Act if a secondary meaning has been demonstrated.Color and design must be associated by the customer fo r that particular product over time. In 2004, the legal team decided to advance with option 4: Trademark protection. They claimed trademark infringement, trademark dilution, as well as unfair competition and false designation. Trademark infringement harbors a manufacturer or sellerââ¬â¢s product to include a word, slogan or symbol. For instance, Apple is an example of a word that cannot be used in relationship with software or computers as it will cause confusion from a consumerââ¬â¢s perspective.Nike holds the trademark of the slogan ââ¬Å"Just Do Itâ⬠that is associated with its product and McDonaldââ¬â¢s hold trademark of the golden arches symbol. In some instances this protection can extend to other properties such as its color or even its packaging. For trademark dilution claims, the distinctive quality of a mark must be diluted by blurring or tarnishment. However, the likelihood of confusion is not necessary. Unfair competition and false designation is character ized as likely to cause confusion, mistake or deceive the consumer.Section 43(a) states ââ¬Å"any person who on or in connection with any goods or services, or any container goods, used in commerce any word, term, name or symbol, or device, or any combination therefore, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact which a) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval or her goods, services, or commercial activities by another person, or (b) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities or geographic origin of his or her or another person's goods, services or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. â⬠In a ddition under sections 32 and 43(a) of the Lanham Act, trademark protection extends above the registered trademarks to the unregistered trademarks from misuse or reproduction in commerce. Once a trademark is established as fundamentally distinctive or to have developed secondary meaning, as well as protection under the Lanham Act, one can then address the likelihood of confusion under trademark infringement.Statutes require a sense of clear case situation as well as a specific element of which the claim can be proven as a violation of the law. This means that sequential evidence is needed, as this poses the validity of the claim and further makes the justification of the case. Without this evidence, the case could be deemed as void, as there is no possible evidence that can prove the claim. Statutes also require the clarity of the case, which means the details of the case or the violation should be given in chronological order so that the justifications set for the claim as well as the laws that could be used to make it more justified could be legally provided.There is actually a varied definition on how violations of laws happen. There are times when a crime committed may not be a violation of the law, or the violation of the law is not a crime. This happens when the crime being claimed is not part of the scope of the statute, or there is no existing law for such crime. Therefore this results in deliberating on whether the action indeed is a crime or a violation of the law. Situations such as this often arise from actions where the defendant is ignorant of the law which he has violated. In addition, the claimant can be the one who is ignorant of the law when he laid evidence on the ââ¬Ëcrimeââ¬â¢ allegedly committed by the defendant.Now that we have a thorough understanding of the applicable laws, the rules that govern those laws and what are required by the statutes to prove a violation of law we can examine how the case unfolded. As previously stated, Vuitton filed suit against D&B in April of 2004 in the United States District court for the Southern District of New York, claiming trademark infringement, unfair competition and false designation, and trademark dilution. Vuitton moved for a preliminary injunction against D&B which would have stopped sales of the ââ¬Å"it bagâ⬠until the case was resolved. The District court ruled in favor of D&B and Vuitton was not granted the injunction. In determining trademark infringement the court applied the two prong test required of Section 43 of the Lanham Act.First the test looks to whether or not the mark merits protection by determining if the unregistered trademark is distinctive or has achieved secondary meaning. In this case the district court did find that Vuittonââ¬â¢s design was distinctive and had garnered secondary meaning in the market place. The second part of the test involves deciding whether the defendantââ¬â¢s use of the mark is likely to cause consumers confu sion as to the origin or sponsorship of the defendantââ¬â¢s goods. Accordingly the court then examined the eight factors weighed in determining likelihood of confusion: 1) the strength of the mark, 2) the similarity between the marks, 3) the proximity of the roducts, 4) the likelihood that the plaintiff will bridge the gap between the markets of the two marks, 5) actual confusion, 6) the defendants good faith in using his or her mark, 7) the quality of the defendantââ¬â¢s product, and 8) the sophistication of the customers. The district court ruled that there was no likelihood of confusion based on its evaluation of the 8 factors and thus denied the injunction. In addition, the district court found that Vuitton was unable to prove trademark dilution. LV appealed the injunction denial to the Second Circuit Court of Appeals hoping to force the court into making a more broad judgment with regard ââ¬Å"design piracyâ⬠. Unfortunately for Vuitton the court was not in the mood to make a statement in favor of protecting designers.Rather than make itsââ¬â¢ own ruling on the case, based on the facts laid out before the court, the Second Circuit instead focused on a mistake by the district court in its application of the standard of likelihood of confusion. The Second Circuit had previously held in Louis Vuitton Malletier v. Burlington Coat Factory that courts must use a sequential market place comparison rather than a side by side comparison when applying the standard of likelihood of confusion. The district court had used a side by side comparison that the Second Circuit deemed improper. In addition, the Second Circuit agreed with the district court that LV was not able to prove trademark dilution at the federal level.In order to prove trademark dilution the plaintiff must demonstrate the following; ââ¬Å"its mark is famous, the defendant is making commercial use of the mark in commerce, the defendants use began after the mark became famous, the defenda nts use of the mark dilutes the quality of the mark by diminishing the capacity of the mark to identify and distinguish goods and servicesâ⬠. Vuitton was able to prove the first three requirements but was unable to prove actual dilution. While the court did agree that LV could not prove actual dilution (the federal requirement) they vacated the injunction at the state level due to the fact that it only requires LV to show likelihood of dilution.The Second Circuit decided to remand the similarity of the marks factor back to the district court for reconsideration. This meant that the district court would use the sequential market place comparison when examining the similarity of the marks and hold onto all other previous analysis of the likelihood of confusion factors. Even if the market place comparison had an effect on that one factor it was very unlikely to affect the outcome of the district courtââ¬â¢s ruling because the similarity of the marks was just one of eight weight ed factors. The Second Circuit was essentially making a statement with its handling of this case that it was not prepared to make a precedent setting ruling on the lack of protection for ââ¬Å"design piracyâ⬠in the fashion industry.Even if they desired to address the topic, strictly following the established law would have prevented them from coming up with a different result. The court may have felt that any perceived or real injustice plaguing the fashion industry should be handled through the adoption of written law rather than legislated from the bench. Ultimately in May of 2008 the district court granted summary judgment to D&B on all claims. The court found that Louis Vuitton did not have adequate evidence to present with regards to the trademark infringement or dilution claims. While the outcome of the case disappointed many people because D&B did copy the design, the court based its decision on the interpretation of the law.Another example of a trademark infringement case that could have implications is European Trademark v Google. Originally LV sued Google in France claiming trademark infringement from Googleââ¬â¢s AdWords program and the French court ruled in LVââ¬â¢s favor. The court held that Google was committing trademark infringement and diluting the trademark when it decided to sell the LV name to other companies in order for their site to pops up upon a search. Unfortunately for LV the European Court of Justice later ruled that Google in fact was not guilty of trademark infringement. There is a silver lining for LV. The court stated that advertisers using a trademark as a keyword can be held liable for infringement.The court specifically stated that ââ¬Å"such use of a trademark by the advertiser adversely affects the source-indicating function of the trademark if the advertisement does not enable normally informed and reasonably attentive internet users to ascertain whether goods or services referred to by the ad originate from the proprietor of the trademark or, on the contrary, originate from a third partyâ⬠. Thus, a company like Louis Vuitton does have legal recourse if it finds misleading advertisements from searches of its brand. In addition, Google can be held accountable if it was aware of the improper use of the trademark and did not take the ad or content down.The ruling could have impacted a case like Louis Vuitton Malletier v Dooney & Bourke Inc. , but instead has gone farther towards protecting companies in the fairly unregulated internet market place. In closing, companies like LV will have to continue to be extremely aggressive through the use of lawsuits in order to protect their brand. Once more laws are applied to specific industry, such as the fashion industry, it will become easier to convey. The courts can only interpret the law, not create laws to safeguard these specific industries. The courts, as well as the citizens, have to trust that the legislative branch will step up and ad dress these complex issues.
Saturday, November 9, 2019
The Life and Death of Al Capone
Al Capone was an American criminal who started engaging himself in criminal activities quite early in life and was very popular in the 1920s in Illinois. à Al Capone was born in 17th January, 1899 in Brooklyn to Teresa Capone and Gabriel and was named as Alphonse Gabriel Capone. He died in 1947.He was popularly known by many as Scarface due to the knife cut mark that was on his left cheek. The name Al Capone is thus synonymous with crime especially in Chicago and thus one cannot talk of crime and fail to talk of this man. This research paper is specifically going o focus on the life and death of Al Capone. It will in particularly focus on his role as far as crime in the United States is concerned.Al Capone rose to fame in the 1920s during the period known as the Prohibition era. His activities led Chicago to look as if it was a lawless state due to his success in criminal activities. Just like other students, Al Capone went to a public school but unfortunately the teachers in these schools were a bit harsh to immigrant students and would use physical force to discipline them and Al Capone being one of them as his family had migrated to USA from the Old Country, was thus no exception[1].Specifically, Al Capone did not have a good relationship with his schoolââ¬â¢s administration and thus they were always crossing paths something that drastically affected his grades. After sometime, his relationship with teachers deteriorated to a level such that he was dispelled from school and that marked the end of his life in school[2].Though indirect, his career received a major boost when his father relocated his family to 21 Garfield Place. This relocation gave Al Capone an opportunity to join local street gangs such as the Forty Thieves Juniors and the Brooklyn Rippers where he met other gangsters such as Johny Torrio and Lucky Luciano[3].Having worked for James Street gang and Five points gang, Al Capone gained some skills in ââ¬Ëstreet smartsââ¬â¢ making him to be qualified as a bar tender and a bouncer in a brothel in Brooklyn owned by Torrio and Frankie Yale.As a bouncer, he would mistreat people for example; he broke the legs, arms and even skulls of those who were deemed to be chaotic. It was while working as a bouncer in this brothel that Al Capone earned his name the scarface after being attacked and slashed by Frank Gallucio after he insulted her sister although he would later lie that he was injured in the Great War in France[4].It is in 1919 that he was arrested for the first time firstly for disorderly conduct and secondly for a murder case where he killed a man inà 1918 but fortunately for Al Capone, as per ganglandsââ¬â¢ principles or etiquettes, nobody testified for or against him and thus he was not tried for this murder. To ease down the tension that had built up, Yale who had been invited by his uncle Jim Colosimo in Chicago invited Al Capone to stay with him for a while. This time coincided with when the Prohibiti on Act was in force.Torrio was in disagreement with his uncle because he wanted his uncle to embark on bootlegging something that he was totally opposed. By this time his uncle whoring business had already amassed enough profit and thus he did not see the need to diversify. Torrio started seeing his uncle as a stumbling block and thus thought of how he would eliminate him. With the help of Al Capone, the mission was executed and they took over the business[5].While working for this gang, Al Capone helped his gang to prosper and extended its relations to another gang organization known as Colosimo mob. These organizations in one way or the other helped Al Capone to become the man he was.The reason for this is that after five years of his service, Torrio accidentally got wounded and could no longer be able to lead the gang thereby transferring its leadership to Al Capone. Under his leadership, the gang became the most feared and successful and anyone who challenged its leadership was eliminated. Due to their ruthlessness, they were able to conquer over mobs that succumbed to their threats or entreaties. Those that would not dance to their tunes were suppressed by use of force and a case in point is the Dion Oââ¬â¢Bannonââ¬â¢s killing attempt, the Irish Northern Side gang in 1924.According to Oregon Coast Magazine, contrary to the expectations of Torrio and Al Capone, the failure to take over this gang opened a can of worms as from there on the two gangs never saw each other to eye and this culminated to the shootings that left Torrio badly injured. In 1926, he was at it again and was arrested in connection to murdering of three individuals where he spent only one night in jail only to be released for lack of enough evidence[6].[1] Pasley, Fred D. Al Capone: The Biography of a self-Made Man. Kessinger Publishing, 2004; 45 [2] Oregon Coast Magazine online. Al Capone: Social Issues, 1899-1947. Available at http://www.u-s-à à à à à à à à à h istory.com/pages/h1616.html [3] Lorrizo, Luciano J. Al Capone: a Biography. Green wood Publishing Company, 2003; 15 [4] Ibid; 16[5] Carpenoctem. Alphonse ââ¬Å"Scarface Alâ⬠Capone (1899-1947) Chicago Crime Leader. 2000. Accessed from à à à à à à à à à à à à à à à http://www.carpenoctem.tv/mafia/acapone.html [6] Oregon Coast Magazine online. Al Capone: Social Issues, 1899-1947. Available at http://www.u-s-à à à à à à à à à history.com/pages/h1616.html
Thursday, November 7, 2019
Lucius Quinctius Cincinnatus, Roman Statesman
Lucius Quinctius Cincinnatus, Roman Statesman Lucius Quinctius Cincinnatus (c. 519ââ¬â430à BCE) was a farmer, statesman, and military leader who lived in early Rome. He considered himself a farmer above all, but when he was called to serve his country he did so well, efficiently, and without question, even though a prolonged absence from his farm could mean starvation for his family. When he served his country, he made his stint as dictator as brief as possible. For his faithful service, he became a model of Roman virtue. Fast Facts: Lucius Quinctius Cincinnatus Known For: Cincinnatus was a Roman statesman who served as the kingdoms dictator during at least one time of crisis; he later became a model of Roman virtue and public service.Also Known As: Lucius Quintius CincinnatusBorn: c. 519 BCE in the Kingdom of RomeDied: c. 430 BCE in the Roman RepublicSpouse: RacillaChildren: Caeso Early Life Lucius Quinctius Cincinnatus was born around 519 BCE in Rome. At the time, Rome was still a small kingdom made up of the city and its surrounding territory. Lucius was a member of the Quinctia, a patrician family that produced numerous state officials. Lucius was given the name Cincinnatus, meaning the curly-haired. Historians believe that Cincinnatuss family was wealthy; however, little else is known about his family or his early life. Consul By 462 BCE, the Roman kingdom was in trouble. Conflicts had escalated between the wealthy, powerful patricians and the lesser plebeians, who were fighting for constitutional reforms that would have placed limits on patrician authority. Dissension between these two groups eventually turned violent, weakening Roman power in the region. According to legend, Cincinnatuss son Caeso was one of the most violent offenders in the struggle between the patricians and the plebeians. To prevent the plebeians from assembling in the Roman Forum, Caeso would apparently organize gangs to push them out. Caesos activities eventually led to charges being brought against him. Rather than face justice, however, he fled to Tuscany. In 460 BCE, the Roman consul Publius Valerius Poplicola was killed by rebel plebeians. Cincinnatus was called in to take his place; in this new position, however, he apparently had only moderate success in quelling the rebellion. He eventually stepped down and returned to his farm. At the same time, the Romans were at war with the Aequi, an Italic tribe about whom historians know very little. After losing several battles, the Aequi managed to trick and trap the Romans. A few Roman horsemen then escaped to Rome to warn the Senate of their armys plight. Dictator Cincinnatus was apparently plowing his fieldà when he learned he had been appointed dictator, a position the Romans had created strictly for emergencies, for six months. He was asked to help defend the Romans against the neighboring Aequi, who had surrounded the Roman army and the consul Minucius in the Alban Hills. A group of Senators was sent to bring Cincinnatus the news. He accepted the appointment and dressed in his white toga before traveling to Rome, where he was given several bodyguards for protection. Cincinnatus quickly organized an army, calling together all the Roman men who were old enough to serve. He commanded them against the Aequi at the Battle of Mount Algidus, which took place in the region of Latium. Although the Romans were expected to lose, they quickly defeated the Aequi under the leadership of Cincinnatus and his Master of the Horse, Lucius Tarquitius. Cincinnatus made the defeated Aequi pass under a yoke of spears to show their subjugation. He took the Aequi leaders as prisoners and brought them to Rome for punishment. After this great victory, Cincinnatus gave up the title of dictator 16 days after it had been granted and promptly returned to his farm.ââ¬â¹ His faithful service and lack of ambition made him a hero in the eyes of his countrymen. According to some accounts, Cincinnatus was appointed dictator again for a later Roman crisis in the wake of a grain distribution scandal. This time, a plebeian named Spurius Maelius was allegedly planning to bribe the poor as part of a plot to make himself king. There was a famine going at the time but Maelius, who was in possession of a large store of wheat, was allegedly selling it to other plebeians at a low price to curry favor with them. This worried the Roman patricians, who feared he had ulterior motives for his generosity. Once again, Cincinnatus- now 80 years old, according to Livy- was appointed dictator. He made Gaius Servilius Structus Ahala his Master of the Horse. Cincinnatus issued orders for Maelius to appear before him but Maelius fled. During the ensuing manhunt, Ahala ended up killing Maelius. A hero again, Cincinnatus resigned his post after 21 days. Death There is little information about Cincinnatuss life after his second term as dictator. He is reported to have died around 430 BCE. Legacy The life and accomplishments of Cincinnatus- whether true or merely legendary- were an important part of early Roman history. The farmer-turned-dictator became a model of Roman virtue; he was celebrated by later Romans for his loyalty and brave service. Unlike some other Roman leaders, who plotted and schemed to build their own power and wealth, Cincinnatus did not exploit his authority. After he had performed the duties required of him, he swiftly resigned and returned to his quiet life in the country. Cincinnatus is the subject of several notable artworks, including Riberas Cincinnatus Leaves the Plough to Dictate Laws to Rome. Many places are named in his honor, including Cincinnatti, Ohio, and Cincinnatus, New York. A statue of the Roman leader stands in Tuileries Garden in France. Sources Hillyard, Michael J.à Cincinnatus and the Citizen-Servant Ideal: the Roman Legends Life, Times, and Legacy. Xlibris, 2001.Livy.à Rome and Italy: the History of Rome from Its Foundation. Edited by R. M. Ogilvie, Penguin, 2004.Neel, Jaclyn.à Early Rome: Myth and Society. John Wiley Sons, Inc., 2017.
Monday, November 4, 2019
What Does It Cost to Attend Northwest Indian College?
Located just south of the Canadian border on the Lummi Indian Reservation, Northwest Indian College is the only accredited tribal school serving the states of Washington, Oregon, and Idaho. And unlike many of the colleges in the Evergreen State, this institution comes with a list price that many families would consider affordable. Read on to learn more about college pricing and why it can vary so dramatically between schools and students, as well as what it really costs to attend Northwest Indian College. Like many schools across the U.S., Northwest Indian College has a sticker price that differs significantly from the actual cost most students spend to attend. You can find out the actual price of admission, or the financial aid net price, by adding up the cost of all forms of financial aid, including federal, state, and local grants, institutional aid, and scholarships. Then subtract this figure from the list price. Because Northwest Indian College is a public school, the list price of admission is generally lower than at private schools. However, itââ¬â¢s worth noting that public schools lack the large endowments of private institutions. So they might not be able to give out as much money in the form of financial aid. Do your research to find out what option is truly best for your family. Because Northwest Indian College is a public institution, tuition prices are somewhat lower than average. Expect to spend $13,959 whether youââ¬â¢re applying from in state or out of state. Students in the top 30% of acceptees and those from families earning less than $175,000 a year were less likely to pay the full sticker rate. Financial aid can significantly lower the cost of attending Northwest Indian College. For the 2016-2017 year, both in-state and out-of-state applicants paid around $5,367 annually in tuition and fees. The list price of attending Northwest Indian College is largely dependent on family income level. Check out average net prices per family income bracket below: *The numbers above donââ¬â¢t account for federal Pell Grants some families receive. Estimating your chance of getting into a college is not easy in todayââ¬â¢s competitive environment. Thankfully, with our state-of-the-art software and data, we can analyze your academic and extracurricular profile and estimate your chances. Our profile analysis tool can also help you identify the improvement you need to make to enter your dream school. The lower cost of attendance at Northwest Indian College might be part of the reason that few students take out loans to finance their education. Currently, just 12% of undergraduates borrow money for tuition and fees. Assessing student outcomes at Northwest Indian College is a good way to evaluate ROI on your tuition dollars. Currently, the school boasts a six-year graduation rate of 86%, suggesting that a majority of students finish on time. However, prospective salaries seem to be on the low side. Ten years after graduating, the average student was earning just $27,900 annually. Attending Northwest Indian College offers numerous advantages, including the fact that the region is known for its affordability. With a cost of living index of 129.6 , Bellingham, Wash., is only slightly more expensive than the average city in the United States. One of the biggest expenses is housing, which will run you $843 for a one-bedroom, $1100 for a two-bedroom, and $1593 for a three-bed. Working part time can help students afford their degrees. If youââ¬â¢re looking for a position in Bellingham, expect to earn $12 an hour, which is the state minimum wage. The average income in this part of Washington is $42,440 a year. Work-study is a great option for Northwest Indian College students who prefer not to pursue off-campus work. Not only are these jobs convenient in that you donââ¬â¢t have to leave school, but they also tend to include down-time for reading and catching up on homework. Additionally, students can earn extra cash by applying for independent scholarships. If you scored well on the PSATs, consider the National Merit Scholarship program , which provides recognition and grant money to the top 1 percent of test takers. This program helps support the educational goals of 15,000 students a year. Find out what other Northwest Indian College scholarship opportunities are available on the school website. Sky-high college tuition rates can cause both students and parents to hesitate on their college admissions journeys. Fortunately, the Applications Team is there to support families throughout the process. From narrowing down college lists to negotiating financial aid offers, our expert team members are always in your corner. For more information on our services, call today or contact our experts online.
Saturday, November 2, 2019
Criminal Procedure-Probable Cause Article Summar Essay
Criminal Procedure-Probable Cause Article Summar - Essay Example According to the US constitution, provisions for probable cause allow persons the right to secure their persons and property against unprovoked searches and seizures. However, there are some instances where searches and arrests can be done without warrants. This paper will examine an article from the Seattle Times in 2008, which speaks to the essence of search warrants specifically with regard to traffic stops. The article documents the incident of a traffic stop in Skagit County in 2006. According to the article, following a unanimous ruling, the court held that the smell of pot is not sufficient probable cause to necessitate the arrest and search of all vehicle occupants (Jones, 2008). This article identifies warrant requirements, and the ruling sets the foundation for what may be in the offing regarding probable cause and criminal procedure. Typically probable cause regarding vehicles and occupants should be affirmed by either a search warrant or warrant of arrest. However, in the case, in question, the officer conducted a warrantless search of the vehicle and its occupants in the basis of sheer smell of marijuana emitted from the vehicle. Essentially, the sheer smell of illegal drugs may not be sufficient to support probable cause as the smell of illegal drugs may linger in a vehicle for several days or even weeks. The officer investigating such incident may be forced to result to additional legal outlets that allow for further investigation of the smell. The officer in question should, therefore, have called for a search and arrest warrant on the basis of just cause, i.e. the smell as illicit drugs in the vehicle. This would have given the officer leeway to search, and detain all vehicle occupants and the latter would have been convicted much easier and without the courtââ¬â¢s current decision. This is of paramount importance as the caseââ¬â¢s police spokesman asserted
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