Colin Kaepernick: Dissent is a Form of Patriotism

The Star-Spangled Banner - a patriotic symbol of America, and of our freedom. In 2016, the San Francisco 49ers quarterback, Colin Kaepernick kneeled on the sidelines during the playing of our national anthem, creating controversy and raising questions on his patriotism for this country. His decision to kneel during this time was meaningful to him and was his way of standing up for what he believed in- whether the media, fans, players, or coaches agreed with him or not. His stand against the national anthem, and his reasoning for kneeling was based on his belief of America and was aimed to draw attention to police brutality and violence against those of other colors and races. Kaepernick was speculated in the media for quite some time and ended up as a free agent later because of his peers disagreeing, and not wanting him on their team because of his stand. Kaepernick has had to reiterate his actions to show that it’s not about his lack of love for this country, or lack of patriotism, but the overall principles of American freedom and “justice for all”. What Kaepernick did, and his stand for Black Lives Matter, has spread nationwide and has reiterated an old lesson: courage.

His continuance of kneeling stirred tension between his image and the public- becoming a significant factor in his damaged public image. His stand for what he believed in soon spread onto social media- twitter memes, burning and trashing of Kaepernick jerseys and gear. Because of his stand, “…the NFL had experienced something new: an athlete engaging in a prolonged social protest movement.” (Hunter) The public’s criticism towards his actions led to “…accusations that Kaepernick is unpatriotic and un-American.” Donald Trump stepped in once or twice saying, on twitter, that “I think it’s a terrible thing, and you know, maybe he should find a country that works better for him, let him try, it’s not going to happen.” (CITE) Many people’s concerns stemmed from their thought that his stand was solely for a “hashtag campaign” and that he was an ill-informed athlete just trying to gain social media attention. Unintentionally, his stand created a hashtag “#TakeaKnee” throughout social media, to spread awareness- both positive and negative awareness- to Kaepernick and his kneeling. For the NFL itself, they had to restate their idea that the National Football League is a patriotic symbol in America and that one player taking a stand doesn’t change their mission in patriotism.

Although he received a lot of backlash, he had supporters such as military veterans that agreed with his statements, and football players (NFL, high school, college) who also kneeled during the anthem to show their viewpoint. His self-defense mechanism that he used to state his point was that of bolstering and his attempt to “…reinforce an existing fact, object, or relationship” (CITE) His efforts were to try to influence others that disagree with his idea, or to shine light onto the idea, for those whom aren’t aware of the problem. Although difficult to change people’s minds on a subject as heavy as patriotism and Black Lives Matter, his stand to create awareness was in fact a very monumental one.

Kaepernick has been put in a place where his dissent has been backlashed and hated upon, because of his different set of views and opinions about the way the nation is run. Because of his stand, he has had to repeatedly give informal speeches of debate, trying to defend himself and his viewpoint on America. An apologia is used “…when people believe they need to defend themselves, admit wrongdoing, or justify their actions,” (CITE) which is exactly what situation Kaepernick is in, needing to explain his stand and why he believes in what he does. He explains it’s not a lack of patriotism and hating America, it’s taking a stand for those who aren’t heard, and those of different race and skin who are oppressed.

While his unique stand for patriotism is different than most, the American flag is a symbol of freedom, and grants us the right to stray from the norms without betraying America as a country. His stance was to create understanding and to inform others of oppression and his view of the state that this nation’s in. The LA Times’ article “Colin Kaepernick shouldn't stand up if he doesn't want to” appealed to critics of Kaepernick’s by using the persuasion of pathos. The article uses overly emotional language to show justification for what Kaepernick is standing for and argues that if the nation was built on disagreed opinions by founding fathers, how is it that citizens now aren’t supposed to go against the structure of today’s nation. The quote:

Oh, for goodness' sake. Is it actually possible that 240 years after the signing of the Declaration of Independence the message still hasn't sunk in that in this country, unlike some others, citizens are free to express their opinions? Even when the opinions in question are unpopular or unpatriotic or even, for that matter, wrong? And that the rest of us are free, as well, to express our agreement or disagreement? (Colin)

This form of pathos is to create a feeling of shame and guilt among the intended audience, making them think about the fact that every individual citizen is able to express themselves, and their opinions, in the way they deem necessary to get the point across. The “oh, for goodness sake” (Colin) adds emphasis in a way to make it seem obvious and for the audience to see how they’re clearly irrationalizing his stand. The writers of this article didn’t show credibility through the rhetoric of ethos, instead, they showed how readers (those who disagree with Kaepernick’s views) can justify his reasoning and his entitlement to his own opinions. From his statements and beliefs, sportscasters and social/political figures have, to an extent, used an ad hominem approach to Kaepernick and his beliefs. (Purdue) Their attack on his character rather than his stand and the meaning behind it, is seen through tweets, interviews, and articles. He’s degraded as a person because of his strong belief in police brutality and Black Lives Matter.

Kaepernick’s courageous stand persuaded and influenced others in the NFL and lower level sports to stand up for what they believe in and show that they have a voice. It has shown players that their voices and opinions matter and that they can use them to make a stand. George Atallah, the assistant executive director of external affairs for the NFL, states that “…the thing that [Kaepernick’s] done probably more effectively than any team community relations staff or owner or coach could do for other players, is [point out] that they do have the ability to affect the national dialogue.” (Colin Kaepernick has done more) His influence on other athletes along with the acknowledgement by a superior in the NFL, reiterates how influential and persuasive his argument is. In 2017, Kaepernick was placed in Time Magazine as one of the planet’s “100 Most Influential Individuals” “…because of his bold and courageous confrontation of perceived inequalities in our social-justice system.” (Orr)

No matter your viewpoint on him and his stance, you can see on either end of the argument, he is inarguably an extreme passionate and dedicated person for standing up for his beliefs and for others that aren’t speaking up for themselves. After his stance, a fellow NFL player, Michael Bennett spoke out about his personal experience where he felt that his skin color was the sole reason he was put into the situation. He was handcuffed with guns pointing at him after the Mayweather-McGregor fight, while walking out of the event. After explaining who he was, a professional athlete who isn’t a threat to society, he was then released with no justification for the “abusive conduct” that he endured (Colin Kaepernick has done more). Kaepernick’s teammate, after noticing his sitting during the first preseason game of 2016, approached him curiously to see why he was sitting, and after talking to Colin, was moved by his stance and decided to show his respects for the Black Lives Movement with Kaepernick.

Many African Americans that have experienced or are aware of the issues pertaining to police brutality among African Americans, respect Kaepernick’s stance and are influenced by his movement, by also kneeling during their games to show support. First, only four players kneeled or sat for the national anthem, and then in just nine games on NFL Sunday in 2016, over 130 players kneeled during the national anthem (Garber) because of the influence of Kaepernick and his courage to stand up for his beliefs. The majority of players who do kneel are African American because they understand the movement on a personal level, however, players like Aaron Rodgers, although not kneeling, respect Kaepernick’s courage and his movement by acknowledging his awareness of the profiling of African Americans and that his teammates do have to deal with situations like that (Colin Kaepernick has done more).

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The Patriotic Spirit

Nationalism manifests mental attitudes, and individual behaviors or societies that refer to loyalty or devotion to the nation and state. The spirit of nationalism must be cultivated in all societies, especially the younger generation. This is because youth are the ones who support the nation, the direction of a nation. We as generations of postmodernism, have been blessed with a variety of pleasures and pleasures. We realize that all we enjoy today is the sacrifices and persecutions that the fighters and people have achieved independently in the past. The spirit of nationalism is increasingly less appreciative, especially the youth. Many of the factors that lead to the decline of the spirit and nationalism of the nation in this society. History of Malaysia proves that the struggle to liberate their homeland from occupation is due to the strong practice of patriotism in themselves the country has achieved its independence in the 20th century.

Therefore, the spirit of patriotism must be adopted by all communities especially younger generation so that the country continues to advance in various aspects. As for this assignment, yes, I have tendency agreed with the lack of practice of Malaysian values and the spirit of being a good Malaysian especially amongst the younger generation. Patriotism is important to shaping society in Malaysia in terms of socials, economics, political and cultural environment especially in this era. There are many challenges in order to implement strong values of patriotism among youngster. As today, many young people are very individualistic and more preferred self interest more than national interest. Some of them may also do not know how precious they are of being a Malaysian. Hence, one of the suggestions and initiative step that can be taken is by adding programs that calls for the involvement of youth of all races. For example, Rakan Muda and Program Latihan Khidmat Negara (PLKN) that can empowered and shaping youth.

The second challenge, young people nowadays are more to ensure the people who are in the same race only can easily get what they want socially, economically and politically. Nowadays society is more concerned with their careers, busy with their daily dealings that cause them to ignore the other factors. For them the most important thing in life is to earn extra income and other things are less concerned, the spirit and nationalism of the nationalism are fading away in the society. Also, society is no longer concerned with the spirit of nationalism and campaign patriotism awareness and national celebration is no longer excited to be celebrating. In other words, some people are still hesitant to accept the concept of racial diversity. This kind of selfish attitude can lead to uneasy feelings among other races and it is very difficult to form a healthy society. Therefore, the Government needs to play an important role by be more strict and firms regards to punishment or compound especially to those who insults the country and nation itself as well as other offenses that may lead to actions or any threaten to the national security.

The third challenge is some of the youngsters of all races were mostly born after Malaysia’s Independence is less emphatic about Malaysian History. Current problem is, the students nowadays are less interested in History subject. Therefore, I suggested Ministry of Education Malaysia need to play the main role by improving the Malaysia Education System especially in History subject. The education plays an important role in shaping the society in Malaysia so that younger generation has passion and love for the Country. My suggestion is parents and teachers also need to play their roles by show some good example of ethics and good cultures towards their children and younger generation to respect others culture, religion and creates value and spirit of being a good Malaysian.

The era of globalization is now full of advanced technology and it is undeniable that internet is important and affected in social, educational and everyday life. It is undeniable that social media is a great and influential platform especially for teenagers who are following the current “trend”. If social media is not used properly it can contribute to negative symptoms. For example, the mass media is a major contributor to moral collapse among youths such as teenagers are easily get influenced by western culture or easily uploading status or sensitive issues in social media regardless of other communities. Therefore, parents should monitor the movement of children to block this immoral issue. Teenagers are also encouraged to make friends with various races and communities and teenagers are encouraged to do beneficial activities especially during their leisure time. This will increase spirits of friendship between all races regardless skin colors.

In conclusion, the patriotic spirit is essential to giving citizen of love to this country and each of the younger generation surely become a useful individual to their own race, religion and country. Youth who have a high patriotic spirit will also always strive to advance themselves and their country to achieve progress and development quickly, compared to other developed countries. Hence, all parties must work together and play their respective roles in order to emphasize good ethics and good cultures towards the younger generation spirit of being a good Malaysian.

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What is Patriotism?

What is the first thing that comes to mind when thinking of a patriot? When I think of a patriot, someone that respects, loves, and is loyal to his country is someone that comes to mind for me. Being in a family that has had multiple people go and serve in the armed forces in different branches and now being deceased, I see the flags that have been passed down to my parents and think these are the real heros.

The past is full of patriots that have helped either shape or help America in some way. During the Revolutionary War the Colonists wanted freedom from the taxation and religious rules that the British had set to control their country and those who left to find a better place. The Colonist fought for what they believed was right and wanted to fight for a country that was not fully developed yet. They had seen the potential that this land could hold and began to shape it into the country we live in today. People like Abraham Lincoln that have made a big difference in the time period are patriots to me because they saw a problem in society and had figured out a way to solve it.

Today, there are very little patriots because everyone believes that they are above everyone else. Now there are protest during the National Anthem and protesting that certain lives matter more than the other, but people have gone away from what this country was founded on. The separation that is in this country could tear it apart because everyone thinks they are right and will fight till death to prove they are right. There are certain people like Veterans that can tell you what this country is, meaning the freedom he/she was fighting for, the bond of brotherhood that is formed when you work with people day after day, and the blessing it is to live here compared to other countries that control every little aspects of life there is. When I think of a patriot I think of someone who flies American flag in there front yard everyday, is stubborn and resilient, someone who puts others first, believes that this country is full of opportunities and will go out there comfort zone to defend it. My great-Grandfather was the type where his mind set was this country is the best and he worked on trains and coal mines to support his family. He also served and talked about it all the time, growing up with that was a good example of a patriot because he showed how we (the upcoming generation) should respect this country and the history it has and to help it any way you can.

Heros, and traveled with the USO to see all the troops that were fending for there country and to give thanks for what they are doing. With supporting the troops and supporting the true heros he received the congressional gold medal and the presidential medal of freedom. While he had stomach cancer, his legacy lives on today with not only his movies but also with his cancer foundation that was formed in 1985 to help with funding for cancer research. Playing these war heros gave him an insight of what was really going on for this country. John had said “My hope and prayer is that everyone know and love our country for what she really is and what she stands for.” (Good Reads)

In conclusion a patriot is a normal person that loves his/her country and supports it with great passion. As Harry Truman said “America was not built on fear. America was built on courage, on imagination and an unbeatable determination to do the job at hand."" (Kravits). People need to realize that this country was founded so that we would have freedom but it was not just given to us, past generations had to fight for it and many lost their lives for it. Now PATRIOTISM is taken for granted and is pushed aside as not important. “When the road looks rough ahead, remember the ‘Man Upstairs’ and the word H-O-P-E. Hang on to both and tough it out” (John wayne Quotes).

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History of Patriotism

Introduction

Patriotism must be embraced by all levels of society, especially the younger generation. It is important to form an ethical generation that shape values in all Malaysian generally. Patriotism also could instil moral attitude among the young generation particularly. Hence, through patriotism, it gathers one nation.

With that, I would agree if the lack of practice of Malaysian values and the spirit of being a good Malaysian especially amongst the younger generation have become recent issues. This is because Malaysia has lack of awareness mostly on values. One of the values emphasized is on ‘Patriotism’. First of all, I would like to lay on the definition of ‘Patriotism’ followed by few suggestions in order to instil values among Malaysian in general.

Patriotism comes from Greek, namely the patriotes which means fellow countrymen, that compatriot, and patrice means fatherland or country, which is refers to the homeland or nation. With such matters can be concluded that patriotism refers to someone who love to the country (Hand, 2011).

Patriotism can also be associated with feelings of love and respect to the homeland. It is a natural feeling that drives someone to work hard for the sake of national development, protecting cultural heritage and protecting the country from being destroyed by outsiders or insiders (Lee Lam Thye, 2016).

According to Ahmad Shah Pakeer et al. (2011), ‘patriotism’ is to build a country, where it requires a lot of struggle and sacrifices, in order to achieve independence and the spirit of patriotism among the people. It is a difficult task to educate the spirit of patriotism among the people because it starts from early childhood education.

It is proved that many of the younger generation have a very low spirit of patriotism. Patriotic awareness among younger generation has also been gradually diminished over time and has become a necessity to carry out a research in order to find out the level of patriotism.

Issues and Problem

Racial and Ethnic differences

The Risk or racial attitudes among multi ethnic has increasingly been alarming based on studies by the Institute of Ethnic Studies (2015), Universiti Kebangsaan Malaysia (UKM). The study data has shown the risk of racism among the respective group of people. . In fact, this will lead to a negative symptoms such as stereotypes, prejudice, racism and discrimination in the community (Utusan Melayu, 2017).

The former Prime Minister Tun Abdullah Ahmad Badawi also has expressed feelings of sadness through his personal blog in conjunction with the Malaysia-51st with his first record entitled ""the meaning of independence and unity"" which was commented on the unity issue in conjunction with the Malaysia day. In respect of the matter, it has been proven that tolerance are getting low among the community especially the youth. The attitude of the people who choose to express their anger through social sites and internet portal proves the level of tolerance and mutual respect between each other is decreasing (Astro Awani, 2014).

Furthermore, the implementation of patriotism if required due to different race and religion which has been existed in Malaysia. The issue of racial and ethnic relations within various communities also poses a challenge to implement the values of patriotism in Malaysia. This is due to the level of multi-ethnic solidarity in the country's education system where it is still low even though students have shown showed a positive attitude in multi-ethnic relations. Ethnic relations in higher education institutions are also weak. Students would not feel comfortable when they are at the same area, even if they have known each other. Students also have found it difficult to interact and share essential items among themselves (Suzana Sulaiman, 2012).

As a result, the teenagers were not exempt from being swept away with this differences. This is because, without exposure and an understanding of the concept of a free constitution, there will be a gap built between them indirectly. When it comes to the ideology of cultural differences, the value of patriotism would be eroded by the sentiments of any course of discrimination. It is important to have practiced patriotism among the youth particularly. Without a good practice, they will be left anonymous to each other.

The lack of love towards the country

The spirit of Malaysian is seen faded especially among the youngsters. There are a few considerations to be asked among the youngsters. Do they have the spirit as Malaysian first of all? Does the spirit of patriotism has been instilled to form a civilized Malaysian citizen? These are the considerations that we have to take into account in order to see the future of our race, religion and beyond all, our beloved country. The spirit of patriotism among youngsters are crucial as it will contribute a more peaceful country especially in the world full of challenges these days.

Since this is the era of what we called as the world without boundaries has no limit in terms of fun and entertainment. In short, entertainment can be reached as easy as at the tips of your finger. Besides, this is the era where everything are easily shared and viralled that could lead towards an offensive community which is unhealthy to one community in general. Therefore, the youngsters need to instil the spirit of patriotism as it could help our society to be more concern and more responsible towards the development of the country. According to Kosmo (2017), it is learnt that a male aged 19 years old has been arrested for harassing and insulting Yang di Pertuan Agong Sultan Muhammad V and the Deputy of Yang di Pertuan Agong, Sultan Nazrin Shah on his Facebook social site.

In addition, many other incidents showing the younger generation now are less patriotism. Among others, this phenomenon can be seen through the creation of the insulting song. In 2011, Mohd. Farizal, who is a student from the local university has been acted rude when he was detected for being exposed from the insulting song through social sites Facebook. It is also stated that the song lyrics have been changed verbally, in order to mocks the country and especially the rulers (Utusan Melayu, 2011).

Meanwhile, in 2011, a male known as Vincent Leong has been using insulting song on his social site which is through his Facebook account. Vincent was said to disrespect the song that symbolizes the harmony in the society and the well-being of the people of Malaysia (Sinar Harian, 2011).

Based on these reports, it is clearly showed that there are a number of Malaysians, especially the current generation who are lacking of patriotism. This is disturbing because it builds the nature of being irresponsible for example by uploading unnecessary video to social sites that can be watched by anyone. In this regard, appreciation of the spirit of patriotism among the younger generation nowadays should be brought into a more serious matters especially in preparing the youngsters to face the challenges and obstacles that can be interfered with the operation of the nation's sovereignty. The national service training program (NSTP) for instance is seen as a way to cultivating the spirit of love in this nation.

Lack of value and unity among the citizen

Understanding the value of unity which has a long standing relationships among various ethnic groups and religious communities. The value of unity makes Sarawak as an example of a harmonious state with a multiple races and religions. Recently, the youngsters are less likely to focus on the value of unity. As for example, activities such as open house celebrations, during the festive seasons such as Christmas, Hari Gawai, Eid etc. are being replaced with family trip or a holiday trip to most people.

Courtesy is a good practice. Everyone needs to learn it in order to be directed and not deviated from the social norms of what the society wants. Courtesy is important to produce a noble citizen for the sake of the realization of the country's national mission towards vision 2020. In fact, this aspect of politeness has also been changing especially the young generation. We are no longer using polite language when are talking to others. This situation caused various problems that brought the existence of dislike to each other due to the use of impolite language which may be abusive and offensive. It is obvious, that the value of politeness, particularly in conversation has been diminished among our society. Thus, it is proved that youngsters nowadays are lacked of Malaysian values and the spirit of being a good Malaysian.

The influence of Western culture and the Mass Media

Western culture has been spread through the mass media and exposing lethal ways of life such as ""Hip-hop"", ""punk"", ""hippies"", ""black metal"", ""pink metal"", ""one night stand"", as well as free sex. Local media has also reported several violent teen behaviour (New Straits Times, 2008; Utusan Malaysia 2007). At the same time, the local media and the international media displays a number of programs which contain various forms of violence through television series such as World Wrestling Federation (WWF), Criminal Scenes Investigation (CSI), and movies such as, Transformers, GI Joe, Rambo, and Rocky. All of this exposure has become a favourite reading material to the young generation. The Western culture has been expanding drastically in Malaysia through all media.

Although Malaysia has its independence and no longer colonized by western powers, unconsciously they have actually conquered us especially the adolescents. With the influence of Western culture brought to our country. Western culture affects many teenagers in terms of their perspectives as well as dressing style, and many other activities which may lead to serious social phenomena. The culture and spirit of nationalism towards the country are no longer given attention.

Recently, we are overwhelmed by pornography and the Lesbian, Gay, Bisexual and Transgender (LGBT) issues and is being consider 'godly' civilized events around the world. This has led to a joke like April Fool on the occasion of a' day without underwear which was in June of 2017 that was accompanied by many young people despite knowing that the celebration was just a merely harassing our view on human right to be summarized. The recent news on 'Unclothed Day', was reported where there were many participants wearing shirts and panties on London's train on January 8, 2017. The same event was initiated in New York City in 2002 (Utusan, 7 Mac 2017).

Suggestions

Parenting skill and Education

First of all, parents play an important role in fostering patriotic spirit in children. Parents should always be aware of the importance of preserving the state's dignity. Parents also must show a good example to children. For instance, parents must put up and hold the flag together with the children during the independence celebration. Parents and children can also visit historic landmarks during school holidays and so on. Thus, it is important for the children to have gained exposures and awareness about the spirit of love on our homeland from parents since childhood.

The minds and behaviour of children are being influenced by their parents before they are enrolled to school. For example, racial issues and the wrong perception towards a particular race or skin which may lead to the incidents happened in May, 13 which was occurred in 1969, where racial intolerance and unity has been achieved after the bloody events.

Next, the schools must have the spirit of patriotism especially among the teachers to be shown to students. We should be proud of the contributions of local historians and scholars who have written a lot of local leaders' struggles although they were initially classified as being out of the courtesy. The contributions and roles of these local writers are huge because they produced facts to be revealed to the next generation so that they could learn the right history of our country.

Each of us should be proud of being Malaysians regardless of colour, language and belief. By having proudness as Malaysian, we will always strive to maintain our relationship to each other. In short, the attitude of 'where the earth is trampled, where the sky is upheld' need to be practiced and fully imbued in us.

Be Loyal and love the country

Each of us must have a loyal and loving nature of the country by respecting and showing loyalty to the king and the leaders of the nation. In addition, we also must respect the identity of our country such as ‘Jalur Gemilang’, ‘Lagu Negaraku’, the Parliament, ‘Rukun Negara’ and other related institutions.

Furthermore, in order to foster patriotism and love for the country we need to be exposed to the history, how difficult our leaders are in order to gain the independence of the country. By reading through the history of our homeland, we can know and understand the struggle of fighting for independence.

Foster a spirit of unity among youngster through campaigns

The spirit of belonging means that every Malaysian citizen should have a spirit of cooperation, a spirit of help to the society irrespective of race, religion or the spirit of brotherhood. Eccentricity is a feature that basically seems easy to form but actually this feature is the most difficult to form. To ensure the stability of the country, it is important to have a united society, harmonious, cooperative, a mutual understanding and co-existence is the basis of the spirit of belonging.

Unity can also be nurtured through sports practice. The best example is to make the 2nd week of October each year as a day of sports activities as part of the National Sports Day (Anis Fauzieana Abdul Karim, 2016).

Censorship Western-film and Mass Media

Medium conveying information, news and more, such as printed media, mass media, as well as the internet should be controlled and filtered. This is because people are easily affected by what they read through the printed media, mass media, blogs or pages on the internet. This is rapidly expanding especially in this era of technology where, many internet mediums have been misused by irresponsible individuals to exacerbate the dignity of the nation, and divide the races.

The government should empower the law and control this matter so that those irresponsible parties are charged with the right action. The printed media and the mass media should also include information about the history of our country to, enlivens and awakens the spirit of nationalism in all societies in Malaysia.

The Film Censorship Board (LPF) should filter out Western films with negative elements to maintain Malaysia's eastern culture. Undoubtedly, the cultural prominence displayed in Western films such as intrusive violent scenes, wars, drugs and alcohol, obscene, and impoliteness are often being exposed. These elements should not be the source of entertainment highlighted in the film. However, any western films that drive the values of teaching and education should be encouraged.

Conclusion

As a conclusion, it is clear that youngsters in Malaysia have lacked of values and spirit which may lead to unselfishness. The spirit of patriotism is important to produce a civilized youngster who loves his country and will surely become a useful individual to his nation, religion and country. Individuals who have a high patriotic spirit are always strive to advance themselves towards a developed country. Therefore, all parties need to work together hand in hand towards a better place to live in.

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Propaganda for Patriotism

Documentary is a unique form of expression, one that aims towards a group of people, appeals to an even more specific subgroup of that people, meanwhile captures the attention of mass audiences despite the filmmakers concern of their viewing. A propaganda documentary influences viewers in a precise way that convinces them to react based on subjective content. Michael Moore’s film, Fahrenheit 9/11 (2004) takes on the roots and effects of the Bush administration, the Iraq War, and the September 11, 2001 terrorist attacks from a liberal perspective. Moore’s film was distributed internationally, made for the American people, but supports the left-view American view. Leni Riefenstahl's motion picture Triumph of the Will (1935) was exposed to Nazi Germany, appealed to join young well-able men to join the Nazi army, and ultimately fed the idolization of Adolf Hitler. Moore and Riefenstahl have incredibly divergent party allegiances, these documentary filmmakers use opposing cinematic strategies to appeal to the individual citizen’s best interests, but ultimately ignite a sense of patriotism in their citizens.

Commonly characterized as the sophisticated and intellectual film genre, the informative undertone of documentary filmmaking--no matter how artistically decorated--should raise suspicions as to why this specific documentary has been made. Leni Riefenstahl was commissioned by the Nazi Germany government to create Triumph of the Will during a time where Nazi leaders were concerned for the public image of Nazism and Adolf Hitler. The film was intended to show Adolf Hitler as a heroic figure and savior to Germany during this time period. Triumph of the Will was deemed a commercial production to distance the Nazi party’s involvement in the project, the Nuremberg rally was used to project an invincible Nazi government and military to deject their enemies and ignite supporters of Nazism.

Riefenstahl refrained from common documentary contrasting to explicitly show more and more shots of the flourishing Nazi Germany, in particular during the annual Nuremberg rally in 1934, instead she built powerful image upon powerful image. This film, being a government sponsored film in support of the present regime, did not seek to provoke empathy as do some documentaries, Hitler and the Nazi soldiers were portrayed to be flawless characters. Everything about this films production and execution centers around power and wealth. The streams of crowds, affluent city, Christian church, multiple cameras in rally, etc. This film had a singular message, which was for everyone to know the wealth, power, and success of Nazi Germany, it was a vision of what every German citizen should make of the Nazi regime.

The film techniques such as tracking shots, low angle shots, and aerial shots used were not unique to cinema at the time but the film’s complex production and use of scope uniquely reflected the unyielding superiority of Nazi’s agenda for power and wealth. The Nuremberg Rally was filmed with numerous cameras planted throughout the parade, emphasizing the scope of massively well-organized crowds of either soldiers or supporters. This film is indulgent in order and mass, and its excessive budget was a reflection of Nazi Germany’s flourishing economy.

In film critic and theoretician Bill Nichols’ classic text, “Introduction to Documentary” (2001), Nichols would categorize Triumph of the Will documentary mode to be observational within his establishment of six different types of documentary modes. Observational documentary is aimed towards depicting reality as it is, or what the filmmaker wants to portray as everyday life reality. The mode revolves around the fact that the filmmaker is not intrusive on the subjects, however Riefenstahl presents this documentary as an observational documentary, but in reality much of the film was curated. The lack of narration supported the Nazi party’s goal to distance their direct touch on the filmmaking process in order for it to appear to be a more legitimate representation of them. This detachment of filmmaker and film allowed the viewers to feel less instructed, but more able to develop their own conclusions on the Nazi regime based on what they saw. As mentioned prior, Nazis were not in the best place during the time this film was made, a handful of their leaders were assassinated and the concentration camps were just being developed. The lack of expository elements allowed the Nazi’s to represent themselves in a better light without context as to what is actually going on within the party.

This serves as true in the sense that Riefenstahl did obtain her footage in the direct cinema style of filmmaking, despite claiming the film was cinema verite. She didn’t incorporate narration of the images she was recording, the distinction between diegetic and nondiegetic parade music is foggy. The shots of Hitler’s arrival to Nuremberg, the city’s famous annual rally, and the prospering infrastructure of Nazi Germany seem to be conveniently acquired with a simple camera present. In reality, these scenes were embellished as much as Riefenstahl could manage, for example the seemingly invigorating moment Hitler arrived off the plane was actually a moment curated for the film. In Triumph of the Will, patriotism and nationalism was developed in its viewers through an observational lense that anonymously presented the magnitude of control the Nazi regime had, making any of the wavering or untrustworthy German army members feel threatened by the numbers and fierce leadership. The lack of self reflexivity of the filmmaker, legitimizes the visuals of Nazi Germany and the power and order they seemed to have possessed amongst their people. The indirect address of Riefenstahl's subjects and prolonged takes lead the audience to join her as the “fly on the wall.”

Another political propaganda film not directly hailed for its advanced cinematic elements but the complexity in which cinema was used to document is Moore’s Fahrenheit 9/11. The film is the highest grossing documentary of all time, Moore delves into the early years of the Bush Administration and the US government’s suspicious behaviors within the War on Terror and rationalizations of the Iraq War. Triumph of the Will was a film generated in the midst of hope that the Nazi regime would continue to flourish into the future and it was commissioned by the government in support of the regime. In contrast to Fahrenheit 9/11, where Moore is speaking against his government and wants the audience to reflect on past events in question to how power and wealth was being played out. However, Moore is still engaging in film propaganda and the criticism lies in the favor of the left-view politics and parties, but isn’t explicitly trying to empower us but rather inform us.

It is important to refer to Bill Nichol’s establishment of documentary modes to understand how these films differ in execution and impact. Michael Moore engages in a performative mode in his film, which combines numerous different filmmaking styles and modes to best nourish the subject matter and provoke a conclusive and relatively emotional reaction to what the viewer is seeing. Fahrenheit 9/11 contains first-hand accounts of politicians, citizens, victims, and Moore himself in relation to the political and historical problems of the US government. The emphasis on personal experience is pivotal to a performative documentary, in comparison to Triumph of the Will, where citizen individuality was not celebrated yet still attracted patriotism and nationalism. While this documentary is performative, it includes reflexivity and expository choices. Moore’s subjective, personal understandings of what is happening in the grand scale of American politics is a powerful tool for viewers to engage in postmodernism rhetoric on what is really happening in America, without the in depth logistical context.

The use of compilation is rampant in this Fahrenheit 9/11, Moore has derived archived footage of key moments in US government decision making and utilized it for evidence and ironic punch lines. As in expository documentary, Moore enlists himself as the film’s “Voice of God,” being the authority narrator, navigating the audience members throughout the film, another element in which the viewer hands their trust to him, Moore’s famous approach to simplifying his rhetoric is with humor and sarcasm, most often towards the country's elites, but nonetheless is it taken as a trustworthy voice to left-wing supporters. The editing revolves around the verbal continuity of Moore’s “storytelling” and builds the viewer’s investment in a resolution to the recent corruption in the presidential administration.

Reflexivity is also a present mode in the film, Moore is frequently in front of the camera demonstrating his own investigative nature in find the missing parts of his knowledge and conclusion to the film’s subjects, meanwhile taking us on a journey that will ultimately end the film. The film is not reflexive in the sense that Moore demonstrates the organization of the production, but we follow him as he creates the film’s footage.

In conclusion, both films are propaganda films, but they are using the opposite cinematic techniques to invoke an ultimate sentiment of invigorated patriotism towards the filmmaker’s favored political party leaving the individual (in the party’s favor) a more fierce and polarized citizen. One film is looking to expand the government’s longevity, and reflect this in the film’s complex production, hoping solidify the party’s advancement. The other film criticizes a government administration’s actions, weakening their front, analyzing the past.

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Is Patriotism Good or Bad?

This book talks about an array of subtopics pertaining to war. Being a veteran war correspondent, the author has witnessed many atrocities and has photographed it as well. He speaks upon the dangers of war some of which include upon corrupt politics, destroying culture, and riding of basic human desires and rights. This ties in with the harms of patriotism, making people blind to the real truth of war.

Parker addresses the importance that patriotism plays in predicting political attitudes and preferences. He states that it is a complex subject and not easy to understand, nor fully comprehend as it is still unresolved. He does go into explaining the difference between blind patriotism and symbolic patriotism. Symbolic representing something abstract, being attached to the nation by its core values. Whereas, blind patriotism is more concrete, having uncritical support for the country’s practices and policies it has in place. They may be different, but the outcome for both are relatively the same. The article goes into depth with this discussion.

I originally began my research paper as being the harms of patriotism, but the more I researched, the more it contradicted itself. This article shows the importance of patriotism in law, the different roles it plays, and the multiple areas of patriotism there really is. It isn’t all about supporting a country at war with another country, but it plays a vital role in believing certain laws can change, upholding democratic politics, and proper representation throughout. This article touches on these areas as well. The article mostly focuses on patriotism being properly understood by students at law school, to understand it being essential for upholding an American democracy and creating change within.

This article takes a different stance on patriotism. The author discusses what she believes is true, patriotism being good for our country but for one specific reason one may not agree with. She states that we have gone away too far from the “ideals and truths” that founded this country. Now, the rest of the article she speaks upon war veterans, troops, and basically anything pertaining to war. She then finishes by attempting to get the reader to join her in celebrating past war heroes and current soldiers. Which is respectable, but is this what patriotism is? A celebration of war? The love of one’s country signifies only thinking of war and anything related?

This article is about reaching a new understanding on patriotism. These students are attempting to figure out answers and choices that go above “feel-good patriotism.” They attempt to show the ability to think and have opposing ideas instead of simply choosing the politically correct ideal. Different students and even teachers share whar patriotism means to them, and it all varies. Some believe it involves one's ultimate commitment to the country, and another believes being a good citizen and getting involved with progress of its country.

This article’s main point comes from a study they conducted between Whites and Latinos on the topic of patriotism and threat, and how those two play a vital role on peoples’ immigration attitudes. They suggest that patriotism influences certain degrees of threat, and this threat drives the immigration attitudes one might have. The study showed that this link and attitudes are different between Whites and Latinos. The article also talks about the different types of patriotism, Latinos having the same level of patriotism as Whites but a different form of it. Public Policy is also discussed throughout the study.

References:

Kahne, Joseph, and Ellen Middaugh. “Is Patriotism Good for Democracy? A Study of High School Seniors’ Patriotic Commitments.” Phi Delta Kappan, vol. 87, no. 8, 2006, pp. 600-607. ProQuest, https://login.ezp.pasadena.edu/login?url=https://search-proquest-com.ezp.pasadena.edu/docview/218489406?accountid=28371.

This article reflects seniors in high school and their meaning and beliefs when it comes to patriotism, as well as how it ties in with democracy. They discuss what they believe determines the students’ levels of patriotism aligning with the need of a democratic society. This analysis was to help students better understand patriotism that supports a democratic society, it’s values and practices as well. Lastly, they helped them create the bridge from one’s love for their country and progressive ideals.

McCleary, Daniel F., Meagan L. Nalls, and Robert L. Williams. ""Types of Patriotism as Primary Predictors of Continuing Support for the Iraq War.” Journal of Political and Military Sociology, vol. 37, no. 1, 2009, pp. 77-0_4. Web Article. ProQuest, https://login.ezp.pasadena.edu/login?url=https://search-proquest-com.ezp.pasadena.edu/docview/1314367014?accountid=28371.

This article focuses on a study conducted of 230 undergraduate students’ responses to a survey which measured different forms of patriotism, war, civil liberties, and more. It showed that blind patriotism, specifically, was the primary reason why students showed support for the war in Iraq, much above constructive patriotism. It also goes into depth what stepwise regression and path analyses is, both tools they used while conducting this study and survey. It shows that there are different types of patriotism, and not all should be judged equally alike.

Parker, Christopher S. ""Symbolic Versus Blind Patriotism: Distinction without Difference?"" Political Research Quarterly, vol. 63, no. 1, 2010, pp. 97-114. ProQuest, https://login.ezp.pasadena.edu/login?url=https://search-proquest-com.ezp.pasadena.edu/docview/215332713?accountid=28371, doi:https://dx.doi.org.ezp.pasadena.edu/10.1177/1065912908327228.

Player, Corrie, Lynne. “Patriotism is Good For All of Us.” The Spectrum, 2008:Print.

Parker, Richard D. ""Homeland: An Essay on Patriotism."" Harvard Journal of Law and Public Policy, vol. 25, no. 2, 2002, pp. 407-427. ProQuest, https://login.ezp.pasadena.edu/login?url=https://search-proquest-com.ezp.pasadena.edu/docview/235188675?accountid=28371.

Vogt, Tom. ""Students Seek Understanding Beyond 'Feel-Good Patriotism'. ""Columbian, Jul 04, 2003, pp. A4. ProQuest, https://login.ezp.pasadena.edu/login?url=https://search-proquest-com.ezp.pasadena.edu/docview/253181914?accountid=28371.

Willis-Esqueda, Cynthia. “Patriotism and the Impact on Perceived Threat and Immigration Attitudes.” The Journal of Social Psychology, vol 157, no. 1, 2017, pp. 114-125. Print.

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Intangible Creations of the Human Intellect

Purpose of intellectual property:

  • To encourage the creation of a large variety of intellectual goods.
  • Gives economic incentive for their creation,
  • Stimulates innovation and contribute to the technological progress of countries

History:

1624- Origins of patent law - The Statute of Monopolies

1710- Origins of copyright - British Statute of Anne Firmly established the concept of intellectual property.

1769- First known use of the term intellectual property

Jewish law includes several considerations which are similar to modern intellectual property laws

500 BCE- government of the Greek state of Sybaris offered one year's patent ""to all who should discover any new refinement in luxury"".

Intellectual property rights

Includes

A. copyrights, patents, and trademarks

B. Trade secrets, publicity rights, moral rights, rights against unfair competition.

C. Artistic works like music and literature, as well as some discoveries, inventions, words, phrases, symbols, and designs

A. Patents- a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention.

B. Copyright-gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or ""works"".

C. Industrial design rights(“design right"" or design patent) -protects the visual design of objects that are not purely utilitarian.

D. Plant varieties -rights to commercially use a new variety of a plant.

E. Trademarks- a recognizable sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders.

F. Trade dress- legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a product or its packaging that signify the source of the product to consumers.[35]

G. Trade secrets- a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors and customers.

Infringement: Violation of intellectual property rights with respect to patents, copyright, and trademarks,

Misappropriation: with respect to trade secrets, may be a breach of civil law or criminal law,

Indian government approved its first Intellectual Property Rights Policy in May 2016

Laws:

  1. Copyrights- The ""Copyright Act, 1957"" (as amended by the Copyright Amendment Act 2012) governs the subject of copyright law in India.
  2. Trademarks Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
  3. Indian Patent Office - is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of the Government of India and administers the Indian law of Patents, Designs and Trade Marks

Copyright and Related Rights:

  • The Universal Copyright Convention (with Protocols)
  • The Geneva Treaty on International Registration of Audio-Visual Works, 1992.
  • WIPO Copyright Treaty, 1996
  • WIPO Performance and Phonograms Treaty, 1996
  • Patents:

    • Patent Cooperation Treaty, 1970
    • European Patent Convention (with Protocols), 1973
    • UPOV International Convention for the Protection of New Varieties of Plants, 1991

    28 February 1856- Government of India- promulgated legislation to grant what was then termed as ""exclusive privileges for the encouragement of inventions of new manufactures"".

    02 September 1856- De Penning- invention was granted the first ever Intellectual Property protection in India. Amendments to the Patents Act - 1999, 2002, 2005, 2012

    Indian Patent Office - patent office is headquartered at Kolkata with branches in Chennai, New Delhi and Mumbai, office of the Patent Information System and National Institute for Intellectual Property Management is at Nagpur Indian Patent Office has 526 Patent Examiners, 97 Assistant Controllers, 42 Deputy Controllers, 1 Joint Controller, and 1 Senior Joint Controller Patent durationin India is 20 years from the date of filing of patent application.

    World Intellectual Property Day

    • Observed annually on 26 April.
    • was established by the World Intellectual Property Organization (WIPO) in 2000
    • to ""raise awareness of how patents, copyright, trademarks and designs impact on daily life"" and ""to celebrate creativity, and the contribution made by creators and innovators to the development of societies across the globe
    • 26 April was chosen as the date for World Intellectual Property Day because it coincides with the date on which the Convention Establishing the World Intellectual Property Organization entered into force in 1970.

    Themes:

    • 2001 – Creating the Future Today
    • 2002 – Encouraging Creativity
    • 2003 – Make Intellectual Property Your Business
    • 2004 – Encouraging Creativity
    • 2005 – Think, Imagine, Create
    • 2006 – It Starts With An Idea
    • 2007 – Encouraging Creativity
    • 2008 – Celebrating innovation and promoting respect for intellectual property
    • 2009 – Green Innovation
    • 2010 – Innovation – Linking the World
    • 2011 – Designing the Future
    • 2012 – Visionary Innovators
    • 2013 – Creativity – The Next Generation
    • 2014 – Movies – a Global Passion
    • 2015 – Get Up, Stand Up. For Music.
    • 2016 – Digital Creativity: Culture Reimagined
    • 2017 – Innovation – Improving Lives
    • 2018 – Powering Change: Women in Innovation and Creativity
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Companies and Intellectual Property

Imagine today’s world without the beauty of technologies and innovations like smartphones, tablets, medical devices, medicines and cutting edge genomic therapies. Intellectual property laws such as copyright, patents, trade secretes and trademarks exist to protect several companies including technology company’s rights over their innovations and inventions. Rights over intellectual property make companies unique and distinct from each other. Intellectual property according to Kubasek, Brennan, & Browne, (2015) “is property that is primarily the result of mental creativity rather than physical effort.”

Intellectual property can be considered as a valuable asset for cooperation, it is therefore important for companies to protect their creativity and innovation in order to be competitive and sustainable. An article by Liptak, & Goel (2016) showed how far companies are willing to fight and spend millions of dollars just to protect their innovations and ideas. In the article, Apple sued Samsung for allegedly copying the design of the iPad and iPhone. The federal law regarding patents goods states that business found imitating or copying a design patent will be liable for the total proceeds generated from the sale of the copied design (Liptak, & Goel, 2016). According to the article, “Apple was awarded $399 million in damages for Samsung’s design patent infringement, the entire profit Samsung made from its sales of the infringing smartphones” (Liptak, & Goel, 2016). Apple was approved a trademark for the designs and layouts of its stores which covered the shelves in the store, the design, the position of the tables in the store. A Trademark is a “distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.”

The act of balancing business needs and customer expectations has been a major challenge for most companies. This is because most companies have set “financial engineering” (Light, 2017) as their short term goal and strives to meet this goal at all means, which sometimes leads to compromised quality of service. “Financial Engineering at the expense of customer focus is a formula for failure” (Light, 2017). The company’goal for any “for Profit Company” is to generate and increase revenue. Companies can achieve this success by attracting more loyal customers to patronize the company’s product more frequently. Company’s can satisfy consumers by providing creative products and innovative services based on customer’s needs.

For Profit Company’s primary responsibility to its shareholders is to make profit. Organizations should focus on satisfying both shareholders and customers at the same time. Focusing on only shareholders satisfaction is not good for business and the business brand. Companies that exploit customers to satisfy shareholders fail at the long round. The truth is, customer satisfaction might be costly, but not satisfying customers will cost more. Customer’s who are satisfied can advocate for a product brand and its services, which helps to generate more customers to patronize the product at less acquisition cost. “Unless companies can balance customer expectations and business needs, they would end up either displeasing their customers or causing losses to themselves.” (Newman, 2016).

One-way companies can maintain a balance is through the “service profit chain: Practices aimed at maximizing customer satisfaction create a mutually reinforcing value chain, as happy customers continue to support companies that successfully meet their needs” (Swanerpoel, 2017). In today’s world, customers have the power to build or break a business; it is therefore necessary for cooperation’s to provide an exceptional customer service. Great and exceptional customer service enhances customer’s experience, which in turn leads to customer loyalty, bigger purchases, brand advocacy, repeated businesses and increased revenue. Another way to balance business needs and customer satisfaction is through mutual satisfaction. Although exceptional customer service is key to the success of the business, it is important for a cooperate manager to know where to draw the line. For example, in a restaurant business, if a particular customer always complains of not being satisfied with the portion size offered and the company continues to increase the portion size just to satisfy the customer, but he never gets satisfied, then continuing to meet such a need will eventually cost the company. “Working towards the goal of customer satisfaction will only increase profitability if customer expectations are reasonable and consistent with the level of service that the business can realistically provide relative to the prices it charges” (Swanerpoel, 2017).

A third way to balance customer and business needs is for a business to sometimes sacrifice short-term profitability in order to meet customer’s needs. For example, it can be costly to replace a poor quality product with a better one, which will compromise short-term profitability. However, customer satisfaction can build brand loyalty, repeated business and word of mouth referrals leading to long-term profitability (Swanerpoel, 2017).

Creators of an invention or innovation seek protection and rights to their intellectual property. The owner of an intellectual property wants to benefit from the invention or recover the cost of the invention, at the same time; the community wants to benefit from the invention or product. This creates tension between the creator of the product and the community. Creators of intellectual property seek patent for the created goods to protect their invention and prevent imitations. For example, copyrighted works like music and books cannot be copied without seeking permission from the creator or paying royalty. Patent can be defined as “Protection that grants the holder the exclusive right to produce, sell, and use the object of the patent for 20 years; can be obtained for a product, process, invention, machine, or a plant produced by asexual reproduction” {Kubasek, et al., 2015). The bigger question to be addressed is whether patent for products that saves or improve human lives should benefit the creator or the customer.

Companies need to consider several factors when they create intellectual properties that save or improve lives. How do creators protect their intellectual property and still benefit consumers. The law permits creators that hold patents products to charge customers any amount for their exclusive property. There has been news of pharmaceutical companies who has increased prices of drugs used in treating life threatening illnesses by huge amounts without any explanation. For example, Turing Pharmaceuticals increased the price of Daraprim (drug that treats life-threatening parasitic infection) from $13.50 a tablet to $750 a pill. Another example was the huge increase in the price of cycloserine overnight from $500 to $10,800 for 30 capsules. Although the law might permit that, creators of drugs and medical devices should have the interest of customers at heart beyond pursuit of profit. Placing customers first and enhancing lives ultimately leads to company’s success. Companies should also be responsible to the society through cooperate social responsibility.

Looking through the lens of a Biblical worldview, owners of intellectual properties that saves or enhances lives should first seek the interest of customers. For the scripture says in Philippians 2:3-4 that “Do nothing out of selfish ambition or vain conceit. Rather, in humility value others above yourselves, not looking to your own interests but each of you to the interests of the others,” (New International Version). The book of Corinthians makes a similar statement “No one should seek their own good, but the good of others” (1 Corinthians 10:24). Christians and owners of intellectual properties must understand that, if the lord blesses you with an idea to invent a product or service, it’s not just for your own good but also for the good of other. Several studies have proved that placing customers first comes with it own rewards and business sustainability.

In conclusion, several organizations find it challenging to maintain a balance between customer satisfactions and meeting business needs. Exceptional customer service enhances customer’s experience, which in turn leads to customer loyalty, bigger purchases, brand advocacy, repeated businesses and increased revenue. Companies who create intellectual properties that saves or enhances lives should have a greater responsibility to the community more than themselves. As Christians, our ultimate purpose on earth is to love God and love one another. “God is not unjust; he will not forget your work and the love you have shown him as you have helped his people and continue to help them” (Hebrew 6:10).

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Intellectual Property Rights in the Digital Age

Ever since the digital age began intellectual property rights started to become more and more difficult to determine over time. Let along the fact that intellectual property rights were already difficult to handle in the first place before the digital age. To explain further I’ll first go into the features of an intellectual property and what it consists of. Firstly being, it is a form of intangible property. Which means it is something that you can you physically obtain. It is sort of a legal/written form of property. The second feature of it is that its existence is distinct from the physical articles or goods which contain the rights. Which means the rights are not tied to those physical items per say but the actual intellectual portion of it which are the legal terms. The third feature being, in some cases the rights are capable of existence and enforcement with no tangible form. And the fourth feature being, the various rights might subsist in the same things. For example, a document might be subject to patent, design rights and trademarks. A pictorial trademark might also be subject to copyright. Those four features are considered to be the core features of an intellectual property in the digital age.

When it comes to the types of intellectual properties in the digital age. There are five main types. And these will be listed in the order of power/importance that they hold. They are patents, copyrights, trademarks, trade secrets, and the right of publicity. And I will break down each one and how they link back to how they are handled in the digital age.

Starting with trade secrets, we see that these hold great importance on a personal level when working within a company. Trade secrets are considered to be very valuable to any company, and not just for the trade secret itself, but for all the aspects that connect back to it. There are two main parts that make up a trade secret. The first part being is that a trade secret must be unique and proprietary and give one company an edge over another company’s product or process. It must also be a secret which is self-explanatory. The second part of it is that a company must do its best to protect the trade secret. Trade secrets must be protected to the best ability of the company or individual that owns the secret. And if that zip is ever threatened, the IP must be defended, or it will be lost.

The second type of intellectual property is a patent. While it is similar to a trade secret, it is also different at the same time. Like a trade secret is comprised of two parts. The first part being a patent gives the right for the patent holder, and only the patent holder, to manufacture their product for a period of 20 years; once that time period ends anyone has the ability to go and create said product. The second part being when patents are filed, they must include the inventor’s detailed plans and be made publicly accessible. So that way it is visible for everyone’s record.

The third type of intellectual property is a copyright. A copyright is the one legitimate insurance that is promptly offered to the maker once their work is in a substantial form. While a copyright is naturally allowed to a work like a book or program, it is up to the maker to guard their work. Copyrights don't need to be enlisted, however it is prescribed, particularly if the proprietor of the work will ever need to record a claim for it.

The fourth type of intellectual property is the right of publicity. Which in common terms is often know as personality rights. It is right of a person to control the business utilization of his or her name, picture, similarity, or different parts of one's character.

The fifth and final type of intellectual property is a trade mark. In order for something to become a trademark, it must be both utilized in business and it should likewise be unmistakable. When it's acknowledged as a trademark, the proprietor has selective rights to it.

When determining the rights of an intellectual property you have to look at the value of said property in order to properly determine its rights. For instance, most successful companies understand the inherent and actual value of the IP they’ve identified. In any case, there is another element who esteems that IP for various reasons. Countries inducing the United States don’t just have IP laws to protect their makes, but to also protect their creativity.

When you look at and determine al of the types of intellectual property and laws, you then also have to determine who would be after your property and the reasoning behind said attack. Who is after you IP? 70% Individuals / Small Groups, 20% Criminal Organizations, 5% Cyber Terrorists, 4% State Sponsored, and 1% “Hacktivists.” (Easy Prey) Hackers/programmers can have diverse inspirations. A few, known as hacktivists, trust in social equity causes and can pool together people and assets to assault targets. Others attempt to hack into targets in order to see if they have the ability to do so.

We come to the conclusion of how does one or a group protect their intellectual property? One thing that is recommended is that companies can attempt not to file patents. When it is not on file it is not known as much to the public. Another thing that can be done is that a company can attempt to safeguard their data with proper access control. What you would do is Store any and all company data in secure locations. That would not be known to the public. And a final thing that could be done on a smaller level is to avoid joint ownership in the creative process. When you have multiple owners, problems are created in the end. At the end it might be difficult to determine who is the rightful owner of the property.

At the end of the day issues are increasing overtime when it comes to intellectual property rights in the current digital age. The issue that is at hand with this new digital Age is that there is an ever-growing amount of ways of something negative to happen to your IP. Which includes everything from Theft to Mishandling of key information. And Intellectual Property is the backbone of most products, services, and company’s and they need to constantly find new forms of protection in order for them to not lose their rights.

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Intellectual Property and Social Media

ABSTRACT:

Social media has become an important object for the business. Increasing exposure and traffics are the main two benefits of social media. One of the main reason is no language barrier. Social media platforms help to connect with the customers, increase awareness and boost leads and sales. Social media is an effective key for spreading any information. As the increasing use of visual info graphic on social media trademarks has begun to show more interest in various social media platforms. The purpose of this study is to know about the emerging social media era and how it is affecting the IPR of an individual. This study provides a snapshot of the challenges of intellectual property protection in social media landscape.

Rapid advancements in social media are creating challenges for courts, as existing laws were written when social media was not in exist.

Keywords: Social media, intellectual property, internet, social media platforms, business, statistics.

INTRODUCTION:

Social media has made many changes to several areas of human venture. Since it is universal that’s why it has raised great concern to humanity and posed a challenge to intellectual property rights and laws. Intellectual property issues which surrounding copyright law, are issues every business is likely to encounter when engaging with customers via social media. Copying and pasting a picture, song, video, document, GIF, or webpage onto your business’ profile to share through social media is easy. And many social media users are doing it. Sharing original works of authors by others, unless you have clear permission to do so it is an violation of the copyright law and meant to protect, and by extension promote, the creation of original content. And intentionally or unintentionally associating your business, your products, or your service with the trademarks of another can open you to liability for infringement.

The business owners are fighting their way to ensure that intellectual property rights are recognized, respected and exploited by the possessors of such rights. This ever expansive authority of intellectual property rights which are embedded in trademarks, copyrights, patents, designs, publicity rights and trade secrets helps to create an authorized ground for the corporate industry to exploit the value of their untouchable assets in an ever increasingly global marketplace.

Recently, a compelling intellectual property debate occurred during the Congressional questioning of Facebook CEO Mark Zuckerberg on April 10 and 11, 2018. In which Zukerberg commented that every piece of content that the user shares on Facebook , is own by the user, and the user has complete control over who sees it and how it is shared, and can be removed any time. This comment raises several important questions. One of them was “if a user’s rights in photo or data shared through Facebook depend on Facebook’s disclosures and terms of service, should such disclosures and terms be regulated? If so, how?”

Zuckerberg was asked to appear before Congress after news spread of allegations that a University of Cambridge professor obtained data on potentially 87 million Facebook users, including Zuckerberg himself, through a personality quiz and then shared such data with Cambridge Analytica, whose services were retained by.

Customers, including the 2016 presidential election campaign for Donald Trump. While Congress debates whether it should regulate the content of written terms of service that govern the relationship between social media sites and consumers— much like they regulate loan documents that govern the relationship between lenders and consumers.

What is intellectual property?

Intellectual property is a term used to tell the rights which may result from intellectual activities in the industrial, scientific, literary and artistic spheres and includes patents, trademarks, commercial names and designations, industrial designs, geographical indications, copyright and related rights and protection against unfair competition. The two categories of Intellectual property are:

Industrial Property: It includes patents for inventions, industrial designs, geographical indications and trademarks.

Copyright: It covers literature, films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.

Intellectual Property Rights: These are like any other property right. They allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation. These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.

There are three intellectual property rights and these are: Patents, Copyright and Trademarks these are the three basics intellectual property rights.

Patents: A patent is a right granted for an invention, product or process that provides a new way of doing something, or that gives a new technical solution to a problem. A patent provides patent owners with protection for their inventions. Protection is granted for a limited period, generally 20 years.

Trademark: A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company for the protection. The system helps consumer to identify and purchase a product or service based on whether its specific characteristics and quality – as indicated by its unique trademark – meet their needs.

Geographical Indications: A geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the products.

Agricultural products have qualities that derive from their place of production and are affected by specific local geographical factors, such as climate and soil.

METHODOLOGIES

Because of the exposure of social media it has become increasingly important for individuals and businesses to increase their plans to protect their intellectual property by developing a strategy for addressing infringement of IP and other rights that take place on social media websites. There is a wide range of concerns especially due to the fact that by using the social media, not all users distributed original content, not all users remained their selves, but adopted identities of others, used the social media platforms to harass their real world enemies.

Data collected by Internet World Stats shows the internet usage of the world population is:

Taking into consideration this fact and that today we live in a “digital” society, the concept of intellectual property, is faced with new legal challenges.

The question that arises from this increasing society context is the influence of the social media in everyday life and especially in the protection of intellectual property rights. In today’s world no one can deny the power of the social media, however the issue of controlling this power is rather concerning. With the involvement of the Internet and the social media in our lives it is becoming hard to keep our data safe. This new situation demands the rights holders to ask protection of their intellectual property rights. It is widely known that the value of the intellectual property rights in practice depends on whether the owner of the rights is capable of undertaking necessary measures to prevent others from infringing its rights.

IPRs benefit individuals and the society as mentioned by World Intellectual Property Organization includes:

  1. The multibillion dollar film, recording, publishing and software industries would not exist without copyright protection.
  2. Without the rewards provided by the patent system, researchers and inventors continue to produce better and more efficient products for consumers.
  3. Consumers would have no means to buy products or services without reliable, international trademark.

Following policies are adopted by the famous social media platforms such as Facebook, Twitter and YouTube in order to protect IPR of user:

Facebook

  1. You will not post content or take any action on Facebook that infringes or violates someone else’s rights or otherwise violates the law.
  2. We can remove any content or information you post on Facebook if we believe that it violates this Statement or our policies.
  3. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
  4. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate. ”

Twitter

Twitter respects the intellectual property rights of others and expects users of the Services to do the same. They will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, do provide them the following information:

  1. 1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
  2. 2. Identification of the copyrighted work claimed to have been infringed.
  3. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. 4. Your contact information, including your address, telephone number, and an email address.
  5. 5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. 6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  7. 7. Twitter reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Twitter will also terminate a user’s account if the user is determined to be a repeat infringer.
  8. 8. Twitter’s Terms of service provide that any copyright infringing content will be taken down. Like Facebook, Twitter also has a form to receive and process infringement complaints. For processing a complaint and taking down content, a complainant must prove that he/she owns the content and the content on Twitter is infringing. Accounts of repeat infringers will be terminated. Twitter has separate policies for trademark and character infringements.

YouTube

  1. 1. YouTube operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party. Details of that policy can be found here: https://www.youtube.co.uk/t/copyright_notice
  2. 2. As part of YouTube’s copyright policy, YouTube will terminate user access to the service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.”
  3. 3. Like Facebook and Twitter, YouTube also has a DMCA (Digital Millennium Copyright Act) take down policy for removing copyright infringing content. More than two notifications of infringement will make a user, a repeat infringer on YouTube. Repeat infringement can result in loss of access of account. YouTube also has a complaint form for reporting trademark infringement. A channel that infringes a trademark can be blocked or terminated.

While taking down the content, Social Media platforms must consider whether the use falls within the scope of fair use. Content need not be taken down if the use is fair. In a recent case, YouTube did not take down a video even after receiving a complaint from Universal Music stating that the video includes its copyrighted song, “Let’s Go Crazy.” A child was shown dancing in the song, and YouTube considered it fair use.

There are two main reasons for protection of intellectual property rights. The first is to give required expression to the moral and economic rights of creators in their creations and such rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and application of its results and to encourage fair trading which would contribute to economic and social development.

RESULTS AND DISCUSSION

Why are patents necessary?

By recognizing the creativity, patents provide rewards to individual for their innovation and marketable invention which in turn enhances the quality of human life. In this era of social media environment which has opened the gates of transparency for every individual, trademarks could be lost and as such, prosecuting its infringement can be challenging if its uniqueness is not highlighted. Trade-marks must be distinctive and must not be confused with the brands or trade-marks of others. If the owner does not take steps to prevent or stop infringements of the trade-mark, the uniqueness of the mark could be lost and the trade-mark could then be open to challenge. Social media can increase the risk to trade-mark owners of losing uniqueness in their marks and therefore potentially risk the trade-mark itself. That is because of the widespread spreading of information through social media and the lack of control trade-mark owners can have over their brands, such that the distinctiveness can be taken away over time.

WIPO identifies the essence of trademarks thus:

  1. 1. Trademarks promote initiative and enterprise worldwide by rewarding their owners with recognition and financial profit.
  2. 2. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
  3. 3. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade. Trademark protection ensures that the owners of marks have the exclusive right to use them to identify goods or services, or to authorize others to use them in return for payment. The period of protection varies, but a trademark can be renewed indefinitely upon payment of the corresponding fees. Trademark protection is legally enforced by courts that, in most systems, have the authority to stop trademark infringement.

CHALLANGES

With the arrival of social media, intellectual property issues have been confronted with new and sometimes complex challenges.

The social media technologies that encourage the sharing of contents across different communication channels have brought about new difficulties in enforcing copyright, and inspired additional challenges to the basic legal philosophy of copyright. The global entertainment industry in particular has fought diligently against the free use, copying, and distribution of electronic music, videos, and movies.

Many businesses in their bid to protect their intellectual property have advocated for the same copyright protection to be extended to new media.

There is a wide range of concerns especially due to the fact that by using the social media, not all users distributed original content, not all users remained their selves, but adopted identities of others, used the social media platforms to harass their real world enemies. The large amount of cases that have arisen around the world show that “user generated content” is not the same thing as “user created content”.

Content exchanged between individuals online is not always “content generated by a user” but, rather, “content created by a copyright holder who has not authorized its generation by the user. In other words, its publication in social media is said to constitute a breach of the holder’s copyright.

The nature of social media is both a curse and a blessing for rights holders. The blessing is that content that violates rights might be deleted.From social media sites before they have been widely viewed, downloaded or shared.Unwanted questions abound on the Internet. This means that many times one can get materials that one did not subscribe to. There appears to be ‘nowhere to hide’ for many people, in terms of their privacy i.e. privacy intrusion takes place.

Intellectual property rights are rights given to people over the creation of their minds. Creators such as authors, artists, inventors, designers, musicians, photographers, producers and directors are entitled to exclusive rights to use and economically exploit their work. These rights must be respected by all. Thus, when one uses another’s work, credit must be given to the owner of such work resulting in intellectual property theft.

CONCLUSION

While social media channels and social platforms represent an opportunity for collaboration and marketing in a new paradigm of communication, one must be mindful of the potential legal issues that may arise. As long as a forward looking, proactive, and coordinated strategy is taken in regards to potential disclosures, an organization may be able to market to the public via social media while avoiding accidently triggering grace periods and or losses to intellectual property rights.

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Viagra and Intellectual Property Rights in China

The company of Pfizer was founded by two German cousins, Charles Pfizer and Charles Erhart in 1849. These two men were based in Brooklyn at the time, selling chemicals from their offices. The first product that these cousins created was an anti-parasitic for treating intestinal worms. While there were other options for this medication on the market, considering the popularity of this affliction in the time period, Pfizer made theirs more appetizing in terms of taste, and therefore more appealing than others. In 1941, their attention shifted to soldiers fighting in the war, leading them to refocus their resources to the production of penicillin (Abrami).

This company’s claim to fame, the drug Viagra, was a lucky accident that Pfizer scientists stumbled upon during their research. Pfizer scientists wanted to develop a drug to lower blood pressure and open arteries. They applied for a UK patent, since the scientists were Britain-based, for a class of compounds for the treatment of cardiovascular conditions. When this drug went to volunteer clinical trials, participants discovered that the compound also acted as a treatment for Erectile Dysfunction (ED). However, when tested on monkeys, the drug did not have the same result. Scientists later found that nitric oxide (NO) was unavailable to the anesthetized monkeys, which is why they did not experience the same results, but was crucial to sexual arousal. The scientific outcome of this realization was the new idea that PDE-5 inhibitors were a treatment for ED in otherwise healthy males. After discovering the added benefits of the drug that they had created as a treatment for cardiovascular conditions, Pfizer filed a secondary use patent application titled “Pyrazolopyrimidinones for the Treatment of Impotence” (Abrami).

After the discovery and development of their unique drug, Pfizer took measures to protect their intellectual property rights in the matter. By 1998, Pfizer held a patent on sindenafil citrate itself, the specific compound that worked as treatment for Erectile Dysfunction. They also obtained US and EU patent rights on PDE-5 inhibitors and the drug became available with a doctor’s prescription by 1998. Their business immediately took off, filling 2.9 million prescriptions for the drug within three months of their launch (Abrami, 7).

However, after Viagra’s worldwide launch in 1998, a Chinese firm known as Welman Company (unbeknownst to Pfizer) filed a trademark application for the name “Wei Ge.” While Viagra’s official Chinese brand name was “Wan Ai Ke,” much more popular was their Mandarin Chinese street name of “Wei Ge.” The problem at hand was that, while Pfizer had a patent for the drug and compound itself, they had never filed a trademark application for the name. They did hold a 3D trademark for their ocean blue, rhombic pill, which had been granted in 2001. In 2003. Welman Company launched an Erectile Dysfunction drug using the “Wei Ge” name, which they had received a trademark for in 2002, and a similar look of pills (Abrami).

Welman’s launch of such a similar drug launched a momentous dispute between the two. In 2005, Pfizer filed a lawsuit against Welman Company. They claimed that while they did not hold a specific trademark for the name, they had the rights to the unregistered, famous trademark. The Paris Convention, which Pfizer cited in their argument, mandated that member countries, including China, “agreed to ‘refuse or to cancel the registration, and to prohibit the use, of a trademark which constitutes a reproduction, an imitation or a translation, liable to create confusion, of a mark considered . . . as already being the mark of a person entitled to the benefits of this convention’” (Abrami, 9). While Pfizer had a patent on the drug itself and a trademark on the appearance of the drug, they did not have a trademark on the “Wei Ge” name. Welman Company capitalized on this loophole and attempted to make their own drug, so similar to that of Pfizer that they would profit of it themselves. As a response, Pfizer filed a lawsuit against the Chinese firm and cited the Paris Convention, claiming that the trademark belong to them and they should be the only ones to reap the benefits of it (Abrami).

However, before the Paris Convention, intellectual property rights (IPR) were a foreign idea to much of the population of China. China did not develop their first Patent Law until 1984, nor their first Trademark Law until 1982 (Abrami, 2). The majority of their IPR improvements were not prompted until 2001, caused by China’s pending membership in the World Trade Organization, after which they had to comply with the TRIPS Agreement, or Trade-Related Aspects of Intellectual Property Rights. The State Intellectual Property Rights Office then declared that a firm could apply for three different types of patents: an invention patent, a utility model patent, or a design patent. After becoming a player in the global market, China’s trademark and patent laws became more inclusive. When Welman Company released their version of Pfizer’s ED drug, Pfizer had the grounds to argue that “Welman’s pills intentionally looked similar to Viagra, and in direct violation of existing Pfizer trademark rights held in China” (Abrami, 8). A back-and-forth legal battle between the two firms ensued, the results of which we have yet to see (Abrami).

Similar to the dispute between Pfizer and Welman Company regarding Viagra, Cipla also got caught in the midst of a patent war. After AIDS was identified in 1982, British pharmaceutical company Burroughs Wellcome introduced the first drug that had been shown to slow the progression of AIDS in 1987. Although this was a groundbreaking treatment, the price was so expensive that nobody who needed it could afford it. Dr. Yusuf Hamied, chairman of Cipla, worked to develop an affordable alternative. In 1992, Cipla announced that it had reserve-engineered AZT and was able to produce and sell their serving for a fraction of the price of large MNCs. After this revelation, MNCs faced backlash, but cited high R&D costs as the reason why they could not make their drugs more affordable. Many invested entities demanded that they drop the suit they had filed against the South African government (where the need for this drug was astronomical), including AIDS activists and humanitarian organizations. Eventually, they dropped their suit and Cipla was allowed to continue production of affordable alternatives to their expensive drugs (Deshpand©).

Legally, when Hamied began his work on the AIDS drug alternative, the 1970 India Patents Act was in effect. This act only recognized patents on the process of creating a drug, not on the drug itself. By reserve-engineering the drug and therefore using a different process of creation, Hamied was not in violation of the India Patents Act. While Cipla’s production of AZT would be a violation of Intellectual Property Rights since they did not develop the drug themselves, they did not legally violate the patent laws in play. Additionally, when Welman Company began producing their own version of Viagra, it was an underhanded attempt to make profits and gain business for themselves. They intentionally used a trademark that was associated with a different firm so that they would gain business from the confusion as well. Dr. Yusuf Hamied of Cipla argued that, while his methods may be questionable, his intentions were of a humanitarian nature, as well as being ethically and legally sound. Additionally, as opposed to Welman Company, Cipla was selling their drugs for as cheap as possible, not increasing the price in an attempt to make profits. Their man concern was ensuring that those who needed access to their medication could have it. While both of these cases could be considered violations of intellectual property rights, their motives were very different: while Welman Company was concerned primarily with business and profits, Cipla had humanitarian intentions (Deshpand©).

After the legal battle between Pfizer and Welman Company, it was determined that Welman Company would be allowed to keep the trademark on the Chinese name for Viagra, “Wei Ge.” The root of this issue was that, after Viagra’s launch, the name commonly used for this medication in China was “Wei Ge,” even though Pfizer only held a trademark for “Wai Aike,” a direct translation that never gained popularity (Chow, 83). Pfizer did not file a trademark application until May 1997, at which point it already belong to Guangzhou Viamen Pharmaceutical Company (Chow, 88). Because the media will coin a name in their language instead of using the English name, “a Chinese entity might obtain a registration for the Chinese transliteration of the English brand name before the U.S. brand owner can do so in China” (Chow, 88-89). One serious implication of this “is that the brand owner loses control over the Chinese-language name for its brand” (Chow, 88). Because Wei Ge was already associated with the Viagra brand, when Guangzhou Viamen Pharmaceutical gained ownership of the name, it resulted in a huge loss of business for Pfizer (Chow).

A solution that Chow presents in his article “Lessons from Pfizer's Disputes Over its Viagra Trademark in China” is that Pfizer should have sought out the trademark for the Wei Ge name sooner. He claims that, in order to “maintain Chinese brand control, MNCs should develop and maintain a Chinese-language trademark in China prior or simultaneous to the time that an English-language trademark is obtained in the United States” (Chow, 104). At this point, Pfizer had gotten a patent for the drug itself and a trademark for the English name Viagra. However, when the Wei Ge name was coined in China, Pfizer should have immediately submit an application for the trademark to ensure that they received the business for their brand. If they had obtained the trademark to the Wei Ge trademark sooner, they would have the rights to the name instead of Guangzhou Viamen Pharmaceutical, and would have gained much more business in the global market (Chow).

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Ethical Dilemmas of Intellectual Property

The case regarding the companies Acme and Beta Inc. relate to patents. Patents are defined by the court as, “novel, useful, non-obvious and intangible ideas”, (Colonia, et al., 2005). These are inventions that must follow a set of guidelines and criteria subject to patent protections. Patents must be new inventions that provide the method or design of a new product. The patent must also be useful. This includes the process required to achieve the new product. While the product is simply an idea for an invention, this idea can be protected by law. It allows for inventors to have the “exclusive right to make, use, and sell the invention for a period of twenty years”, (Mayers, et al., 2012, p. 1142).

As intangible objects, patents represent intellectual property. These are ideas or inventions that can be bought and sold for personal and public gain. In this way, patents are also personal property, (Mayer et al., 2012). The patent can be owned by an individual or a corporation. It not only provides the patent owner exclusive rights to the invention but also works to prevent others from having it. This includes marketing or misuse of the invention, (Colonia, et al., 2005). With these rights, the owner has the ability to modify the invention, restrict the invention, or sell the invention to allow someone else to distribute and manufacture. When the patent is used in part or licensed to others, it allows organizations other than the owner to profit from the invention through royalties, (Mayer, et al., 2012). However, it is up to the owner to decide what to do with the patent. Examples can be seen such as licensing the patent to several entities allowing for exploitation and high exposure. With these rights the law recognizes the importance of sciences, the arts, technology, and the overall progression of humanity. Protected by the Fifth Amendments Taking Clause of the Constitution, patents give owners special benefits and rights for their ideas, (Mossoff, 2015).

Alternative Resolution

Although Acme Inc. is the owner of a patent for immortality, Beta Inc. took the liberty to copy, manufacture and release the drug to the public market. This was done without the permission of Acme Inc., practicing patent infringement. Not only did Beta Inc. violate the law, they violated the rights of patent ownership. The owner was not allowed to profit from the patented invention due to Beta Inc.’s lawlessness. As a result, “the patent holder may seek damages and an injunction against the infringer in federal court, requesting damages for royalties and lost profits as well”, (Mayers, 2012, p. 1147). While court is a common way to litigate judgment, there are additional alternative options. Alternative dispute resolution allows individuals and organizations to argue a case without a long and costly trail. These include mediation, arbitration, and conciliation, (Mayers, 2012). All three options allow both parties to come to an agreement to resolve conflicts under more comfortable terms and conditions.

Arbitration is a formal and binding commitment recognized by the court. The case is not heard or decided by a judge or jury. It is heard before experienced parties who can resolve patent issues without the stress of a formal court. Arbitrators work as a judge, hearing arguments and deciding a just course of action. They are often retired judges, lawyers, and other experienced individuals with special knowledge of patents and circumstances regarding the case. In many ways, arbitration represents the best alternative due the fast turnaround results and the professional expertise of the arbitrator. Additionally, arbitration does not allow for an appeal process so all decision are final. Decisions are often confidential and preferred because of its ability to preserve business relationships, (Knight, 2012). Arbitration is often favored in patent proceedings and included in most licensing contracts. Also recognized as a route to resolution is mediation. It is unfavored in patent cases because the decision is not binding and there is no party to enforce the decision. Other alternative routes can be found in the Leahy-Smith American Invents Act of 2011. The Act includes four additional options that can prevent court intervention. It includes the supplemental examination for patent review, post-grant review, inter partes review, and derivation proceedings, (Knight, 2012). Enacted by the Obama administration it provides more options for resolving issues with patent.

ACME Ethical Dilemma

ACME holds patent ownership of a new drug for immortality. This reserves the right for ACME to hold, sell, or distribute the patent product as they see fit. It is done to protect ACME and also to prevent theft and misuse of the product from unlicensed organizations, (Colonia, et al., 2005). In addition, as owners ACME has an obligation to serve the public. This includes marketing products that are beneficial to public health and promotes the progression of art, science, and human life, (Massoff, 2013). Because ACME decided to hold the patent with no movements towards marketing and distribution, it presents an ethical dilemma for the organization. It raises concern “to the possibility of stifling innovation, copyrights and patents also allow the holder to ransom the health and welfare of the public”, (Colonia, et al., 2005). This suggests that the organization was putting public health in jeopardy. The actions conducted by ACME question the integrity and authenticity to the organizational intent of the product. ACME has the ability to prevent millions of deaths worldwide. Instead, the organization failed their moral obligations to society by improving health and extending human life.

BETA Ethical Dilemma

BETA Inc. stands in an ethical dilemma. The organization ignored patent laws by marketing a patent product they did not own. The organization also did not have a license from ACME granting BETA permission to distribute the product. Although BETA did not profit from the distribution, BETA did not apply “fair use” laws, (Colonia et al., 2005). The fair use law allows organizations to copy patent products for educational purposes only. Furthermore, BETA did not apply “transformative” use of the product, (Colonia et al., 2005). They did not transform the product into a new item for a different use. For instance, BETA did not modify the product to extend life for a specified period or alter the product to cure deathly illnesses. The organization went against patent protections to distribute the product without permission. Doing so BETA restricted the creativity of the product. AMCE was not given the opportunity to improve the product in any way or provide input in matters of marketing and distribution. Although BETA Inc. worked with good intentions to serve the public and help others, they did not follow federal guidelines granting AMCE the exclusive rights.

Theories of Ethical Thought

Utilitarianism is a theory of ethical thought that is encouraged throughout government and general public. It is the idea that, “an action, or set of actions, is generally deemed good or right if it maximizes happiness or pleasure throughout society”, (Mayer, et al., 2012, p.41). It can be applied throughout all aspects of life including law, economy, and government. Utilitarianism is seen as a moral compass for important decisions to be used among individuals and communities. When a product is useful and productive in positive ways it provides the greatest amount of benefit for the people. By manufacturing and distributing an unlicensed product that prolongs life, BETA acted with good intentions for the good of society. Patents protect ideas that help to flourish human life, (Massoff, 2013). As a result, it comes with moral obligations to society that grants rights to the owner. For the service the invention provides to society, patent owners are granted rights, protection, and financial compensation for their work. AMCE did not follow its moral obligations to progress life, encouraging BETA to act in its wake. BETA did not generate profits from their distribution demonstrating their act of utilitarianism. Instead, BETA broke the law and violated patent rights by distributing an unlicensed product to improve the health and general welfare of society.

An important theory to the case of patent rights and intellectual property is social justice and social contract theory. The patent owned by AMCE is monumental and has the potential to change the landscape of how people live. With the promises of immortality it bears to question the marketing potential of the product and the problems that can ensue as a result. This includes possible limitations to the product. The social justice theory raises the question of who should have access to the product and the potential good and bad that can come from the misuse of the product. Do all people have access to the product including criminals or is the product restricted to those facing illness, old age or death? Placing limitations on the distribution of the product enforces an intermediary to enforce the stipulations of distribution. Through the social contract theory, it allows the government to act as a mediator between the patent owner and the public. This puts the decision out of the hands of both parties and into the hands of the government. The theory implies the use of an overseer or organization that acts as a watch dog over the people. It goes on to suggest that people must lose something in return and the process of give and take. This is seen in the social contract theory “where people give up certain rights to government in exchange for security and common benefits”, (Mayer, et al., 2012, p. 44).

References

1. Colonia, A., Yonga, N., Hass, B., Juan, J., Luy, J., Yeager, W. (2005). The Ethics of Intellectual Property. Engineering Ethics. University of California Santa Cruz. Spring. Retrieved from: https://classes.soe.ucsc.edu/cmpe080e/Spring05/projects/ip/

2. Knight Jr., B. (2012). The America invents act alternative dispute resolution. United States Patent and Trademark Office USPTO. March 8. Washington, D.C. Retrieved from: https://www.uspto.gov/sites/default/files/aia_implementation/20120308-alternative-dispute-resolution-ip.pdf

3. Massoff, A. (2013). Patents are Property Rights. Foundation for Economic Education FEE. 14 April, 2013. Retrieved from: https://fee.org/resources/patents-are-property-rights/

4. Mayer, D., Warner, D., Siedel, G. Lieberman, J., & Martina, A. (2012). Business Law and the Legal Environment. Washington, D. C. Saylor Foundation. Retrieved from: https://www.saylor.org/site/textbooks/Business%20Law%20and%20the%20Legal%20Environment.pdf

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Intellectual Property, Ethical Dilemmas, and Alternative Dispute Resolution

Intellectual property issues, alternative dispute resolution, and ethical dilemmas often affect corporations in how the corporation conducts business. Such is the case of Acme, Inc., a pharmaceutical company that received a patent for an immortality drug but had no plans to market the drug per the company’s president and Beta, Inc. another drug company that copied the immortality drug with plans to market to the public at cost. The issues in this case involved intellectual property, specifically patent law, ethical decisions on the part of both companies, and alternative dispute resolution as to how both companies can resolve the problem.

In the case of Acme, Inc. and Beta, Inc. the main issue at hand is intellectual property rights and patent laws. Intellectual property gives companies rights to protect certain types of intangible personal property, such as a patent (Mayer, Warner, Siedel, Lieberman, and Martina, n.d., p. 1142). Acme was granted a patent from the United States Patent Office giving the company exclusive rights to make, use, and sell the immortality drug for a period of twenty years from the date of application (United States Patent and Trademark Office, 2015, para. 4). The type of patent issued to a company is vital in determining the legality of the intellectual property rights. Regarding Acme, the type of patent issued can be considered a utility patent which is granted to anyone who invents or discovers any composition of matter, such as the immortality drug (United States Patent and Trademark Office, 2015, para. 6). However, the patentee is solely responsible for enforcing the patent and in the case of Acme, the president chose not to pursue the patent (United States Patent and Trademark Office, 2015, para.5). In doing so, that decision opened the door for Beta, Inc. to take advantage of the law regarding intellectual property.

Due to the fact Acme sat on the patent for the immorality drug and did not market it to the public, Beta was able to copy the drug and release it on the market. In this case, Beta did not apply for a patent. However, under the aspect of intellectual property, Beta could trademark the drug. Although Beta did not obtain a patent, a trademark would give the company a way to distinguish their drug from the drugs of other pharmaceutical company’s (United States Patent and Trademark Office, 2015, para.7). However, Beta could find itself in the same position as Acme as a trademark does not prevent other companies from making or selling the same drugs under a clearly, different mark (United States Patent and Trademark Office, 2015, para.8).

In determining the legal aspects surrounding intellectual property rights such as patents or trademarks with the competition between Acme and Beta, caselaw plays a vital role. Acme applied for a patent for a specific drug but did not market the drug to the public. The question becomes in the case of Acme, what legal rights does Acme has regarding intellectual property and patent law? The same holds true of Beta. The company copied Acme’s drug, decided to market it to the public, but only for cost not profit. The question in the case of Beta, can Beta trademark the immortality drug under intellectual property and does patent law apply to Beta?

The first aspect of caselaw both Acme and Beta must take into consideration regarding the patent or trademark of the immortality drug is the Leahy-Smith America Invents Act of 2011. Language in the Leahy-Smith America Invents Act of 2011 is very specific and can be applied to both Acme and Beta regarding patent law. The Leahy-Smith America Invents Act of 2011 blocks a patent if an invention is in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention (Bloomberg, 2018, para. 9). Acme had the patent, but did not pursue the market or sell of the invention, so does this make the patent null and void? Under Section ‘§ 291. Derived Patents of the Leahy-Smith America Invents Act of 2011, “The owner of a patent may have relief by civil action against the owner of another patent that claims the same invention and has an earlier effective filing date, if the invention claimed in such other patent was derived from the inventor of the invention claimed in the patent owned by the person seeking relief under this section (pp. 6-7). In other words, Acme could have legal remedy against Beta for copying its patented immorality drug.

Another issue of intellectual property caselaw affecting Acme and Beta is trademark law. Although Beta can potentially trademark the immortality drug even with Acme having a patent, this could create legal issues. Under Title 1 § 13 (15 U.S.C. § 1063) section a of the U S Trademark Law, “Any person who believes that he would be damaged by the registration of a mark upon the principal register, including the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title, may, upon payment of the prescribed fee, file an opposition in the Patent and Trademark Office, stating the grounds therefor, within thirty days after the publication under subsection (a) of section 1062 of this title of the mark sought to be registered” (p. 16). This section of trademark law can create a major issue for Beta in that if Beta decides to trademark the immorality drug which Acme has patent right to, Acme could file a claim with the Patent Office against Beta. In addition to legal ramifications of both companies, Acme and Beta both face ethical dilemmas.

In the case of Acme, the ethical dilemma facing the business regarding the patent of the immortality drug and the president’s decision not to market the drug to the public is by keeping the drug from the public, is Acme in depriving an anti-aging cure that would benefit millions of people from dying practicing good social responsibility? The answer is no. When the president made the decision to withhold a drug that would keep millions of people from suffering from death, Acme lack of social responsibility became an ethical issue. Although the public in unaware of the immortality drug, Acme has a social responsibility to market the drug to help people. Acme needs to look at the ethical ramifications of not producing, marketing, and selling the drug. Where is its duty to its stakeholders? Acme must decide where its duty lies and by utilizing an ethical framework of utilitarianism. The utilitarianism framework is based on results. When practicing this ethical framework, Acme does what is right for the greater good of society (Mayer, et.al, n.d., p.). Instead of sitting on the patent, Acme must move forward with the manufacturing of the immorality drug to provide society with the ability to sustain infinite life.

In the case of Beta, the ethical dilemma facing the company regarding the copying of Acme’s immortality drug and deciding to sell at cost to the public, is Beta creating an issue of supply and demand when it markets a drug that will provide society with immortality and only charge at cost? The answer is yes. When Beta basically stole Acme’s idea of the immortality drug, decided to have people pay only costs, the company not only took away profits from shareholders, but started a domino effect of supply and demand. When people learn about the new drug on the market to give them longer life, the demand for the drug will increase and supply will dwindle. In order to keep up with the supply and demand chain, Beta will have to increase the cost of manufacturing, which in turn will increase the price of the drug to the public. Beta must consider the ethical issues it will create by selling the immorality drug at cost. By utilizing the ethical framework of deontology, Beta can produce an ethical solution. Deontology is an ethical framework that helps businesses put duty first, act rationally, and give moral weight to the equality to all people (Mayer, et al, n.d., p. 43). In other words, Beta should reconsider its decision to sale the drug at cost. It has a duty to act rationally by providing equality to all people. If Beta sells the drug at cost, over time as supply diminishes, demand increases. To avoid a supply and demand crisis, Beta must choose to make a profit and at the same time keep the drug affordable.

Although both Acme and Beta are facing ethical dilemmas, both companies are also facing legal issues with each other. One method Acme and Beta can solve the issue surrounding the immorality drug manufacturing by Beta and the patent Acme holds is through alternative dispute resolution. Alternative dispute resolution offers parties alternative means to litigation which can be costly and take several years to settle in court. For parties that have a dispute there are three types of ADR that can help resolve issues. ADR offers parties negotiation, arbitration, or mediation. Each form of ADR can produce positive results. However, each is different. Negotiation is usually the first step in the dispute process. This process is informal and is usually handled directly by the parties without intervention (Mayer, et al, n.d., p. 108). In the case of Acme and Beta, the possibility of negotiation working is improbable due to the severity of the issue. The next steps in the ADR process are arbitration and mediation. Parties can choose between arbitration and mediation to get the desired outcome to resolve the issue. Alternative dispute resolution offers parties a private decision maker where the decision is quick and binding by law and holds up in court (Mayer, et al, n.d., p.109). Unlike arbitration, mediation offers no binding decision where the parties can accept the mediators recommendations or not (Mayer, et al, n.d., p.109). It would be in the best interest of Acme and Beta to choose arbitration as any decision would be binding. For example, Acme could argue that because if the patent, it has sole rights to the immorality drug, while Beta could argue that Acme chose not to use the patent and therefore it has trademark right to the drug. In this situation, arbitration is the best option.

Under the Federal Arbitration Act parties in arbitration are protected with certain rights. In the case of Acme v. Beta, this act gives both parties solutions. For example, if Acme proved Beta committed fraud, an appeal may be filed if Beta was the party that was granted an award.

In conclusion, Acme invented an immorality drug to which the company was granted a patent. However, the president of Acme chose not to market the drug to the public. This caused Beta, a competitor to copy the drug and market it to the public at cost. Both issues created ethical dilemmas for Acme and Beta. Acme was faced with an ethical dilemma of withholding a life-saving rug from the public and Beta was faced with creating a supply and demand scenario. However, ethical dilemmas were not the only issues facing both companies. Acme and Beta are also facing legal issues in that Acme was granted a patent and Beta copied the drug and marketed the drug because Acme failed to do so. The solution to both ethical and legal issues for Acme is to go forward with the patent, manufacture the drug, and market to the public. Regarding legality Acme’s only solution to go to arbitration with Beta. Regarding Beta, the ethical decision will be based on the outcome of arbitration. If Beta is the victor of arbitration, ethically the company must rethink selling the immorality drug at cost.

References

Bloomberg Law. (2018, December 3). Drug-makers head to high court for clarity on patent-Sale timing. Retrieved from https://news.bloomberglaw.com/ip-law/drugmakers-head-to-high-court-for-clarity-on-patent-sale-timing

Mayer, D., Warner, D., Siedel, G. Lieberman, J., & Martina, A. (n.d.) Business Law and the Legal Environment. Washington, D. C.: Saylor Foundation. Retrieved from: https://www.saylor.org/site/textbooks/BusinessLawandLegalEnvironment.pdf

The Federal Arbitration Act (USA). (n.d.). Retrieved from https://sccinstitute.com/media/37104/the-federal-arbitration-act-usa.pdf

U S Trademark Law-Federal Statues. (2013, November 25). Retrieved from https://www.uspto.gov/sites/default/files/trademarks/law/Trademark_Statutes.pdf

United States Patent and Trademark Office. (2015, October). General information concerning patents. Retrieved from https://www.uspto.gov/patents-getting-started/general-information-concerning-patents#heading-12

USPTO. (2011, September 16). LEAHY–SMITH AMERICA INVENTS ACT. Retrieved from https://www.uspto.gov/sites/default/files/aia_implementation/20110916-pub-l112-29.pdf

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Businesses and Corporations

Businesses and corporations are often founded with hope of making a profit in the long run. For profit businesses main goal seems to be just this. However, no matter how great an idea may be or seem, without shareholders and consumers, the business cannot be successful. This is why the balance of business needs and consumer needs is important. Without the consumer, the company cannot continue to exist, must less prosper. Kanter has set out to argue just this and to encourage companies change the way they view their assets “Great companies work to make money, of course, but in their choices of how to do so, they think about building enduring institutions. They invest in the future while being aware of the need to build people and society” (Kanter, 2011, p.68). Kanter realizes that consumers need to be valued and put at the core focus in order for a company to thrive. Apple and Samsung walk a fine line between intellectual property integrity and increasing prices for their product.

There is a tension between the creator and consumer of intellectual property. The purpose of intellectual property is it is created for consumers to use, however the creator wants to remain the sole proprietor of the property. The creator can obtain a patent but patents are only good for so long, ensuring the original creator sole proprietorship for a timed period. Both parties want to benefit, so how do we balance this so all parties remain content while maintaining fairness. In figuring out how to find this balance keep the Bible in mind “ Command them to do good, to be rich in good deeds, and to be generous and willing to share” (1 Timothy 6:18, New International Version). With this in mind we, creator and consumer alike, may better be able to find a plausible solution.

It holds true the inventor or creator of property has a right to profit from it. One way to resolve some of the tension created between consumer and creator is through a rewards system. It is costly to create tangible intellectual property. In order for this process to be worth it to the owners and shareholders there has to be compensation for these costs. Through patents, trademarks, and other property rights systems the creators are better able to protect themselves against stolen intellectual property without completely excluding others. With a reward system properly put in place “the creator of intellectual property is compensated for the cost of creation, but because the creator has no right to exclude others from access to the property, the price is forced down to marginal cost by competition from copiers” (Posner, 2005, p. 58-59). Looking to the ongoing issues between Apple and Samsung we can see this put into action. Each company continues to develop new technology in order to compete with one another. It seems these companies are constantly coming up with new ideas and new property to add to their technology and offer consumers. However, like the case in our text, sometimes the lines become blurred as to whether the ideas are original enough to be called their own. This competition is what drives new ideas while keeping the cost of the intellectual property down for the average consumer. Keeping in mind the rewards system previously discussed, owners and shareholders will be able to make a profit, or return on their investments, so long as they keep positive relations with consumers.

While it is important to make the consumers of your property feel safe to use it, the creator must also protect their property. There are several things that can be used to protect such property including trademarks, copyrights, and patents. While these things are useful in protecting a creator’s sole ownership of their creative property, they can be costly. Successful intellectual property is good for the economy, however, due to its success; it is also of interest to criminals. Violations of intellectual property is harmful not only to the creator and the economy but also to the consumers “Criminal violations of IP rights have potential negative effects for U.S. innovation and investment, on the value and reputation of individual companies, and for consumers who are put at risk by substandard or dangerous products” (GAO-11-39). It is important to stop these criminals before they get started through proper protection such as trademark and trade dress. It is said that counterfeit products are on the rise in areas including medicine, infant formula, and auto parts, amongst others (GAO-11-39). If tampered with, these products could be dangerous to society and patients alike, as well as practitioners who may get wrongfully blamed for the prescription of an unknown counterfeit product. To help protect all of those involved there are now eight federal agencies responsible for protecting these intellectual properties, along with the entities that fall under them (GAO-11-39). These entities have a duty to protect the community and creator from such wrongdoers. Those who do harm to others need to be condemned. In a Biblical scope “Is it not ruin for the wicked, disaster for those who do wrong?” (Job 31:3, New International Version). It is natural for humans to sin no matter how hard we may strive to live as Jesus did we humans are not perfect. The Lord knows this, hence sacrificing his son for us. However those who do wrong, know they are doing wrong, and deserve to be punished accordingly. In order to protect consumers and creators alike these 8 entities must attack before we are attacked.

To summarize business must remember the consumers are at least as important as the product, if not more important, as consumers generate a profit, continuing the existence of the company. To protect their property creators can seek copyrights, patents, and trademarks along with trade dress for consumers to easily recognize the correct product. With appropriate trade dress practitioners, patients, and society will better able notice when something is off, pointing to counterfeit or pirated goods. However obtaining a patent is an expensive, yet necessary, in the creation of intellectual property. Therefore in order for the creator to profit from their property, a rewards system needs to be put in place. Such a reward system must compensate these costs while maintaining a realistic price point for consumers. There are many evils in the world tempting all of us each day. Through all of this we must keep a Biblical worldview and pursue the light, rather than the darkness “Whoever pursues righteousness and love finds life, prosperity, and honor” (Proverbs 21:21, New International Version).

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What the U.S. should be doing to Protect Intellectual Property

Introduction

The article “What the U.S. Should Be Doing to Protect Intellectual Property” illustrated how one of the strongest and innovative country in the world (U.S.) struggled to find the correct balance between the exclusive right and public access to its knowledge. A huge amount of the U.S. government revenue was invested to encourage American invention and innovation, but it failed to develop a b alanced international Intellectual Property legal framework. Borders and distance meant less and less in a digitized world where globalization was important and complicated at the same time. I believe, Intellectual Property knowledge and awareness added mo re value to the Technology and Innovation Management course as it helped to understand various Intellectual Properties like patents, trademarks, copyrights, trade secrets and identify, they were not the restrictions for innovation rather intellectual prope rty right encouraged nations to have a structured framework globally. T he countries in the world were having free entry into the race to obtain their patents which compelled constant competition among the countries to get the best technology earlier in tim e and encouraged innovation to enter the public domain much rapidly than possible.

Summary

From computer chips, GPS technology to the internet, all these things were the ou tcome of government investment for basic research in universities, labs and multi ple projects around the world. Different countries like China, Japan, Germany, India, and others tried their best not only to preserve their Intellectual Property but also made sure to have a coherent global strategy to encourage large - scale adoption of th eir technology (Breznitz and Murphree, 2016). Strong IP laws were necessary to protect the significant investment , used to develop the technologies, products, pharmaceuticals, or feature films in the world. The innovators got a fair return on their investm ent and the government of different countries ensured home - grown technologies were globally dom inant in their fields (Breznitz and Murphree). There were plenty of IP treaties, agreements, and protocols in place which made intellectual property reforms difficult especially for American companies and stringent U.S. government rules and regulations often complicated the tec hnology adoption process for U.S. innovations internationally. Contrarily, China legal reforms of expanded economic exchanges and Intellectual Property rights played a significant role in all channels of international trade and contributed to the nation as a whole helping China shift its status from IP offender to IP Leader (Breznitz and Murphree).

Analysis

Each country has to give importance to its Intellectual Property protection that is no less favorable than the protection granted to its own people. D eveloped and developing nations often have a different attitude towards their intellectual property right . In today’s world, 90% of all technology royalties and licensing fees are received by five countries USA, China, Germany, Japan, and South Korea (The Federalist Society , 2015 ). U.S. should try to get complete economic benefit from its inventions through strong IP strategy and develop a balanced international Intellectual Property legal framework which should attract more global trade partners and convin ce American companies that their Intellectual Property exports are protected to ensure, these companies are more likely willing to market their products globally. China has jumped from third to second place on international patent application filings surpa ssing Japan and getting close to the U.S. which has been the longtime leader, primarily by focusing on 3 factors i.e., IP education, Maximizing firm - level IP competitiveness and IP pricing stra tegies (Breznitz and Murphree). The international treaties are responsible for globalization , and international political reforms are turning down the iron curtains for trade around the world which was basically impossible a few years ago, is now possible.

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Immigration to the United States

The United States is a nation of immigrants. This makes it essential to review the experiences of immigrants as a way of understanding how these experiences shape the economy of the country. One of the core issues of immigration to the United States is the American dream which makes immigrants relocate to the nation in pursuit of new opportunities and improved life. The number of immigrants into the United States continues to grow with the majority coming from Africa and Asia. Immigrants accounted for over 12% of the United States population in the year 2009 (Fishman, 53). More so, American history especially around 1800, immigrants into American have not been identified as Americans as seen Indian-Americans, Mexican-American, Spanish-Americas and so on. Immigrants are expected to assimilate American culture regarding values, and customs fast and shed off their homeland traditions. With this challenge, immigrants have been able to forge a unique identity which has helped them effectively blend with the rest of the American population. African immigrants into the United States are more educated and proficient in English as well as having a higher social-economic status than immigrants from other parts of the globe (Fosco, DD). It has for long been assumed that immigrants come as laborers to improve their lives. Looking at the experience of immigrants today may shed new light into the issue of immigration. Therefore, this paper examines the experience of immigrants in acculturation to the United States.

For this study, I interviewed an immigrant of African decency to establish his perception of acculturation to the United States. Thus, there is a need to have an overview of the interviewee. Therefore, the discussions in this paper rely on oral history conducted on one individual. My interviewee was a twenty-five-year-old man, Timothy, from Nigeria’s capital Lagos. While still in Nigeria, Timothy had acquired a bachelor’s degree in Economics and Management as well as a Master’s Degree in Business Management from one of the leading public universities in Nigeria. He now stays in Colorado and is pursuing another master’s degree from a University in Missouri. Like most students in Africa, Timothy started learning English from a young age and continues to study the language even past high school level. He was also a teacher in college while in Nigeria. Though he has not focused on studying English as a core subject, he was proficient in American university even outperforming some of the American students. His choice of coming to the United States was motivated by the financial offer and was more so interested in entering the American culture. Timothy considers returning to Nigeria but coming back to the United States remains a possibility for the future. His class and social status could be viewed as to have been critical in his transition to life in the United States. He maintains a linkage with other Nigerians in the country which maintains ties with his native country.

The narration by Timothy and the development of his identity as a Nigerian-American is not a norm among Nigerian-Americans. Majority of Nigerians in America are a working class and strive hard for survival. According to Brown and Marie, 989), the migration from Nigeria is meant to escape poverty, hunger, extremism and also for job opportunities. More than 60 percent of Nigerians live below the United Nations poverty line with the majority of the population unemployment or the lucky ones, underemployed. As indicated, he is educated and still pursuing a Master’s degree. This means that in his stay, he has not experienced hostility as other migrants who came earlier or those who came primarily for jobs.

Timothy’s choice of immigration was for a personal goal. He applied for a scholarship hence his moving to the United States was a deliberate and showed concerted effort. Research indicates that the level of voluntary or involuntary migration affects the level and rate of acculturation to a new culture. When immigration is involuntary, it forces an immigrant to forced status against their will. It forms an act of forced assimilation which results in marginalization and hence discrimination and social subordination. On the other hand, voluntary migration, the reception to cultural maintenance is lower.

The other aspect that affects timothy is the perception of opportunity in the United States. Core to this is the American dream which he regards as the essence of having a good job, beautiful house, good car and enjoying the necessary luxuries. On the same not, motivation to studying English for Timothy was ingrown from a young age as his parents were travelers. His mother encouraged him to study English as the language would help him communicate anywhere in the world.

I also enquired to Timothy about acculturation and acculturation stress in the United States. This rose as I inquired about what inspired them for being in the United States for the first time. He expressed that he was already exposed to the United States lifestyle through media. But for him, the reality was different from what was portrayed in media. Regarding acculturative stress, he said that throughout his life, he was learned of culture. He says that he had an idea of the enormous gaps between cultures.

On the other hand, culture shock, which are that initial difficulty when arriving at a new culture. For him, the difference was that America was more of cities and development. He says that this was a shift from a small town into a developed city. We further discussed on his expectations on coming to the United States as based on media portrayals. Timothy developed his perception of the United States from watching American programs. These experiences shaped his understanding of the United States. From his description of the United States expectations, Timothy was living in a misconception. For instance, in the programs, America is portrayed as more of suburbs and cities with buildup areas. This was different from where he lives in America as it is a smaller town. The rush and craziness of the city in films and programs do not exist or not as in the movies.

Another critical aspect of immigration was language proficiency. Though Timothy is fluent in English, he still finds a difficulty in communicating with natives; majorly due to accent.

Nigerian Community in the United States

Today, the number of Nigerian-owned business in America is higher compared to twenty years ago. There is a substantial number of restaurants, clubs as well as cultural events not to mention Nigerian themed businesses and church. The increase in these social amenities serves to point at the significance of the number of Nigerians abroad. It also suggests that Nigerians are inclined into staying in the state. This can further be supported by the events that more Nigerians are buying houses and paying taxes as well as sending their children to American schools (Fosco, Daily Dose).

The booming number of Nigerians in the United States is looking to engage in business both internationally and locally. More people are setting up businesses in the United States rather than their home countries even with steady economic improvement in those countries. Nigerian nationals are looking to improve on their abilities and talents as well as resources for them to effectively compete in a global economy.

With the increasing number of Nigerians in the United States, there has been a developed class of Nigerian-Americans. For instance, Timothy is pursuing a Master’s Degree and holds yet another Master’s Degree. The education status among Nigerians makes a professional class with contributes to the development of the identity. The proliferation of Nigerian-owned and themed businesses, restaurants, clubs, and the festival has shown, it has helped immigrants maintain strong connections with their country of origin. But one’s relationship to homelands both past and present can be affected by circumstances surrounding one’s migration, as the example of Timothy migration demonstrates.

Apart from the experiences described above, there are push or pull factors that make an individual migrate to another nation. These can be viewed as the factors that compelled Timothy to come to the United States. One of the factors that contribute to Nigerians coming to the United States is family. I Nigeria, there is the threat of terror group, Boko Haram and which has been waging wars and kidnaping people on the country. The move, in this case, can be viewed as a way to safeguarding own security. The grave danger from the terror group would lead to a self-imposed exile. For, however, education was the core reasoning for migration. The United States offers better education and opportunities that home country. Acquiring education from the United States means that he would be in higher demand in his home country (Duany, 156).

The Chronology website relates the transitioning in identity for Timothy as to have been greatly influenced by his academic credentials. This is because education is setting for personal growth, it would have become an essential instrument in the transition of Timothy. The notion of white supremacy to him does not exist as he fairs better than most of his white learners. His academic successes and skills, therefore, helped in setting him apart of the rest of the population and aided in his integration in a white society. Further, exposure to the English language from earlier ages made him ready to face a different culture. He is able to fit in the American society seamlessly. Though it is required that he returns to his home country, he is looking forward to returning and continuing the identity with the English language.

Identity

Timothy has lived in the United States for three years. In that time, he has not managed to return home. This has led him into perceiving that he is part of the mainstream American population (Dodd, NCAAFB). Despite this, he still connects with his backyard in Nigeria and has contact with Nigerian heritage. He still has hope for returning home and improving their status.

In his stay in the United States, Timothy has developed duplicity of identity. He is not Nigerian any more, and he is American too. He still holds in high regard his Nigerian growing and says those cannot be left behind. Throughout the interview, he described himself as American and Nigerian. He yearns of returning to Nigeria as, though he has American perceptions, he argues that he is Nigerian all way.

He noted that he felt distinctly American. Considering his official residence status, the process took time as he came to the United States using an education Visa. He says that he would very much like to naturalize, but he is afraid of being said to be a traitor to his homeland. If he chooses to remain in the United States, it would be a choice he would not regret having made. He continues to say despite having African decency. He says that blacks should stick together. The culture in the United States and Nigeria seems similar hence there would be no need for them to separate based on country of origin (Knight et al., 843). It is common that in identity, a person will identify with nationality first then region but for Timothy, the region comes first and nationality second.

Conclusion

This paper has expounded on the factors that contribute to the development of immigrant identity. For some immigrants, they view themselves as neither mixed not fixed, but they are dynamic in that they can fit in two or more cultures. The story of Timothy may not be unique when it comes to immigrants, but it illustrates how one’s community, class, networks, educator and language can impact on a person’s experiences and immigration circumstances. These factors contribute to shaping a sense of shared identity. It can be argued that the development of an American – Nigerian identity is not an issue of transition, but rather an issue of connection with Nigerian background. The number of Nigerians in the United States is also ballooning which has contributed to the formation of association linking Nigerian nationals in the United States. The association makes him enjoy the privilege of riding in his Nigerian heritage. His social status and education contributed immensely in fitting in the American society. His education and English language proficiency contributed to his eventual assimilation in American society. The experience in American perhaps helped him in developing a sense of shared identity between American and Nigerian.

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Stereotypes Toward Asian People – Really?

Survival bias is “the logical error of concentrating on the people or things that made it past some selection process and overlooking those that did not, typically because of their lack of visibility.” Similar to the myth of model minority we have discussed during class, such mistake is usually caused by overgeneralization and lack of examination. After interviewing with my mother, a first generation immigrant, I am surprised about how people still hold many biased stereotypes towards Asian. When I ask my mother how she thinks people view and judge Asian American as a group, she replies: “Before I came to the United States, I didn’t know how Asians are viewed. After months later during conversations with others, I finally realized that they hold some deep misconceptions towards our group. ” The truth is, many stereotypes toward Asian Americans remain inaccurate, despite the rapid progress of internet and globalization, and they are another form of survival bias. In order to understand why so many misconceptions successfully spread out and survive, we have to dig the underlying reasons by examining the origins of them. Here, I will mainly focus on how Asian Americans, especially first generation migrants, are tagged with improper labels, in physical appearances, traditions and religious perspectives, and personalities.

Physical Misconceptions

Though it might be true that some Asians have smaller and narrower eyes because of different genes and DNAs, the statement is not right for all Asians, and definitely not a sign of ugliness. People’s different facial look is usually an adaptation resulted from different living environments. For instance, people living in high latitudes in the northern hemisphere tend to have tall and big noses to compensate for cold air. African people have dark skins because of their long-time exposure under the sunlight. Likewise, East Asians have slanted eyes to avoid wind and sun damage. Furthermore, people should not make fun of a person because of his or her physical appearance. Everyone has a different looking. Tall noses are not superior to short noses. Larger eyes are not better than small eyes. Simply assuming smaller eyes are ugly is one-sided, and my mother says, “if some of them do have smaller eyes comparatively, it is not their decision and thus commenting their eyes as ugly is disappointing and malicious.” Besides having small eyes, Asian are weak and physically unthreatening in some people’s mind. Apparently, those judgements are overgeneralized and misleading - in 2016 Summer Olympics medal table, there are 3 Asian countries in top 8 of the medal table. “Today, Asian athletes still hold and create world records, so how can they be weak?”, says my mother about such accusation. Two hundred years ago, Anti-Asian media left an indelible impact on Asians. Yellow-skinned people are dehumanized and portrayed with prejudice, and those incorrect descriptions of them has become their “labels” forever. Globalization has largely decreased hatred and bias toward different minority groups, while those long-live “labels” are still there without questioning.

Traditions and religions

Besides physical appearances, Asian people’s traditions and religious standpoints are often misinterpreted. For instance, Asians prefer to meet people from their own country and form small groups, excluding others from entering. In real life, many people do think typical Asians do not like to join parties and only social with their own small group of people. My mother expresses her perspective on this stereotype as such: “In China, people tend to form smaller groups with deeper friendship and relationship. It is different from the way people think here. As an Asian American myself, I like to meet different people, but sometimes we have different cultural backgrounds and ways of thinking. Saying that Asian people are excluding others is totally wrong and biased.” Unlike typical Americans, in East Asian cultures, the importance of having a handful of close friends is greatly emphasized, under the great influence of Confucianism. A famous poet in China once wrote “the pond is over a thousand feet deep, but it is nothing compared to Wang Lun’s friendship with me.”

In the other hand, human tend to stay with in a comfort zone. A close friend conveys the idea that he or she has to have similar properties and ways of thinking in Chinese mainstream ideology, and thus people may think Asian as not reaching out to others. Furthermore, another assumption is that the majority of people living in East Asian countries, such as Japan and China, do not have an official religious belief, because they are taught not to do so, reflecting lack of deeper level of thinking. When I introduces this point to my mother, she states that is purely a personal choice, and “people should be able to choose what they believe in.” Adding to her point, I believe it is critical and important to point out how Confucianism has influenced East Asian countries and their people. Though it is not a religion, traditional Asian people have their unique understanding of manners and etiquettes. Contrarily, most of Taiwanese have religious beliefs and many Chinese people actually believe in Buddhism and Taoism. My mother is Buddhism follower.

Personalities and behaviors

Asian, especially Chinese, are also commonly described as shy and introvert. During the interview, my mother expressed her feeling about this stereotype. In fact, most of her asian friends are very welcoming. The origin of this rumor may come from people’s unfamiliarity with Confucianism, which greatly emphasizes the importance of modesty and humility. My mother’s understanding is that “being quiet is not a sign of inconfident or introvert, it also means respect and agreement.” Meanwhile, besides the impact of different cultures, language barrier is also a potential cause for this stereotype. When my mother talked about her experience as a first generation immigrant to the United States, she mentioned how difficult it was for her at the beginning. Like most first generation immigrants, my mother is not able to communicate with others in English fluently. Therefore, it is difficult for her to make friends and have conversations with indigenous people. “I am very willing to make friends with different cultural backgrounds and nationalities”, she explains with subtle depression on her face, “but the language barrier is there.” Supposedly, if a person who is not a native speaker of Chinese moves to China for a living, he or she will definitely feel uncomfortable at first, therefore not as talkative as others.

Combining those two points together, it is not hard for us find what may cause this rumor to spread out. Another famous stereotype is specifically aiming at Asian parent, whom they call “tiger parent”. Follow the definition from Wikipedia, the stereotyped figure often portrays a Chinese mother who relentlessly drives her child to study hard, using authoritarian parenting methods for her children to achieve academic excellence. Undeniably, people do emphasize the importance of academic excellence in China and many other countries in East Asia, but this misconception is still an overgeneralization. When I was in elementary school, I did poorly in test one time, and one thing I remembered the most is how my parents responded. Instead of blaming me for not studying well enough, they said they wanted me to be happy and think beyond scores and grades. It is true that some Asian parents are, in some way, stricter comparatively, but this “tiger parenting” concept is demonized and inaccurate to reflect the real situation here.

Besides all the stereotypes mentioned above, which includes physical appearances, traditions and religious perspectives and personalities, there are a myriad of positive and accurate stereotypes correspondingly. Most stereotypes are not meant to hurt or make fun of a certain group, but more or less a product of lack of deeper understanding of one’s cultural background and historical reasons. Consequently, it is easy for some mistaken ideas to emerge and spread out. In fact, I enjoy reading stereotypes and portraits about Asians, knowing that they are not there to hurt us. After a careful examine upon the underlying reasons behind some of these deeply rooted misconceptions, hopefully, people are able to generate a more unbiased and just portrait of Asians.

Appendix: Transcription for the Interview

Q: Who do you think are the “indigenous people”? Do you think you are one of them?

A: People who are born in this place and have parents that are living in this place long before other immigrants.They are assimilated to become Americans and they represent the majority of the United States. I am definitely not one of them. Although I am physically here, my thinking process and ideologies are still Chinese.

A: Many of these misconceptions sprouted from people’s lack of knowledge of others’ culture and traditions.

Q: So around 6 years ago, you and my father decided to migrate to the United States. What are the underlying reasons?

A: The most important reason is because you are going to St.Stephens (my high school in Austin), so we want to make sure that we can provide you with more opportunity. Also, your father is doing environmental engineering business, and many of the large petroleum companies are located at the United States. Without the necessity to travel too much, he can make business and bargain with them. Additionally, the CPI (consumer price index) is too high in Shanghai (China) and air quality is almost unbearable. That’s basically why we made the choice.

Q: When you migrate to the United States, what are some difficulties that you have encountered? Something unexpected?

A: Language barrier is definitely one. I have no relatives here, only a few friends, so it is like starting a new life. Also the food here is very different, and it is almost impossible to “remake” the same taste. Before I came to the United States, I didn’t know how Asians are viewed. After months later during conversations with others, I realized that they hold some deep misconceptions towards our group. That was very unexpected for me.

Q: What do you think is some biggest misconceptions that people still hold towards Asian Americans today?

A: There are many of them. For example, Asians, especially Chinese, are characterized as shy and introvert, while the truth is not like that. Also, they think that Asians prefer to meet people with their own nationality and form small groups. Asians have small and slanted eyes, and they look ugly, and etc.

Q: What do you think of the assumption that Asians have small and narrow eyes?

A: Not all of them are like that, and even if some of them do have smaller eyes comparatively, it is not their decision and thus commenting their eyes as ugly is disappointing and malicious.

Q: Long time ago, people view Asians as weak and physically unthreatening, do you think that is still true today?

A: This opinion is racist and clearly not true. Today, Asian athletes still hold and create world records, so how can they be weak?

Q: You mentioned that people always think that Asians are lack of confidence and introvert, what do you think about that?

A: In fact, most of my friends and asian people I’ve met are not introvert but very welcoming. The reason why people believe in this idea is because they are not familiar with Confucianism in china, where humility is greatly emphasized. Being quiet is not a sign of inconfident or introvert, it also means respect and agreement. Biased judgement like that is definitely true.

Q: Great. Another rumor is that Asian people try to form small groups and exclude others from entering. Any comments?

A: In China, people tend to form smaller groups with deeper friendship and relationship. It is different from the way people think here. Saying that Asian people are excluding others is totally wrong and biased. I am very willing to make friends with different cultural backgrounds and nationalities but the language barrier is there, and besides sometimes we have different cultural backgrounds and ways of thinking.

Q: In East Asia, most people do not hold a religious belief, while almost in everywhere else in the world people usually have some belief. Do you think that is a problem? People sometimes relate this to lack of deeper thinking, what is your opinion?

A: I have read many articles criticizing how China is one of the only few countries that does not emphasizes the importance of religion. To me, however, it is a personal choice. People should be able to choose what they believe in. I believe in Buddhism, for instance.

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Interview with my Grandmother

Hello, my name is Tyler Tietjen. For my ninth-grade oral history project I chose to interview my grandmother, Liliane Anita Tietjen. I decided to make Mrs. Tietjen the subject of this interview because of her experiences living in Cuba in the 1950’s and her first-hand knowledge of the rising of Cuba’s well-known dictator, Fidel Castro.

Over the course of this podcast I will give you some background information on important dates and events during the 1950’s that led directly to Castro’s ascent to dictator of Cuba.

Background information

On October 28th,1492 Christopher Columbus discovered Cuba and claimed the new land for Spain. Spain continued to govern Cuba until The Cuban War for Independence ended in 1898. In 1902 Cuba’s first president Tomas Palma was elected. However, Cuba’s most famous leader was a dictator named Fidel Castro. Castro held the title of the 23rd President of Cuba for more than 31 years from 1976 until 2008 and publicly declared Cuba a socialist country in 1961. Castro accomplished this by founding a revolutionary party called, “The Movement” and by taking part in the Cuban revolution. Castro seized his power from President Fulgencio Batista. Batista was president for 7 ½ years during that time he cancelled any upcoming election and called his system of governing the people, “disciplined democracy”. However, many of the Cuban people were becoming increasingly disillusioned with Batista and with the people looking for change the door was open for someone new to lead. In July 1953, “The Movement” led by Fidel Castro launched an attack on the Moncada Barracks where Batista and the Cuban army was stationed. Castro’s attack failed. Most of his militia was killed and Castro was arrested.

Castro was tried and was sentenced to 15 years in prison. However, Castro ended up serving less than 2 years when Batista pardoned him in May of 1955. Castro wasted no time, in November 1956, Castro had a militia of 81 men. They attacked Batista’s forces in Havana. 19 men survived including Castro retreated to the Sierra Maestra mountain range where more then 150 people joined the cause of over throwing Batista. The group changed strategies and used guerrilla tactics to counter the Cuban armies use of conventional warfare. By 1958 Batista understood that the war was lost and escaped to the Dominican Republic. Now there was no one in the way Fidel Castro was given the leadership role of the army of Cuba. On January 8th 1959, one week after Batista fled Cuba, Fidel Castro entered Havana celebrated leading a parade through the island. On October 19th 1960, the United States of America begins an economic embargo with Cuba due to unfavorable economic and political circumstances. By January 3rd 1961 The United States of America completely breaks off any diplomatic relations with Cuba.

Background of Interviewee

This was the environment that my grandmother remembers as a young child and is the period of history that is the focus of my podcast. Most of the horrible human suffering I researched happened in Cuba was before my grandmother was old enough to understand exactly what was going on around her. Liliane Anita Tietjen was born on October 5th 1950 in a small South American country called Uruguay. Her Father owned high end, tourist hotels in Uruguay, but had been taking trips to Cuba for years looking to expand his hotels to Cuba. In the summer of 1952 the family moved to Havana Cuba. My grandmothers’ father’s name was Otto. He had found a wealthy partner high ranking within the Batista regime. Otto’s partner would be responsible for ensuring that the right wheels would be greased so the hotel could open without many delays. Together Otto and his partner opened, “The National”. The hotel would cater to the highest level of political dignitaries and rich tourists. My grandmother remembers the hotel as lavishly decorated with cream colored marble floors, white arches held up by large stone pillars, colorful silk chairs, large hand painted murals, and lots of flowering plants both inside and outside the hotel. My grandmother’s family lived inside the hotel so it would be easier for Otto to run the hotel daily.

Interview

In 1953 the hotel National was doing very well, although my grandmother can remember seeing X’s drawn in graffiti over Batista posters none of her family could have guesses that on the other side of Cuba, “The Movement” was planning an attack on the Moncada barracks. Otto took my grandmother to the docks to watch one of the rebels Fidel Castro being shipped off to a prison on Pinto island for his part in the assault on the President. That was the day things began to change for her family. More and more Cubans wanted change and talk about another revolution was causing tension even within the hotels staff. In 1955 when President Batista granted Castro amnesty a fight broke out inside the kitchen of the National between a loyalist and a revolutionary. Castro’s 1956 attack on President Batista in Havana happened two blocks from the hotel. During the fighting my grandmother helped her mother pushing the mattresses and box springs against the windows so no one could see inside their hotel room. My grandmother was placed inside the bathtub with her mother in case of any stray bullets.

When the rebels retreated to the Sierra Maestra mountain range things quieted down enough to move the mattresses from the windows and assess the damage. During the next two years my grandmother’s family had nearly no people checking in to the National hotel. Her family decided that no matter who would win this war they needed to leave. So, Otto began to try and secure green cards for his family to enter the United States of America. This was very dangerous time for my grandmother’s family because the political allies that helped them thrive were now gone and Castro’s’ revolution was to create a socialist government. In a socialist society there is no class system, no rich or poor everyone is equal. In theory that’s nice, but that would also mean there would be no privately-owned hotels. One month after Castro’s triumphant precession through Havana my grandmother’s family boarded a plane to Miami. She remembers her mother crying because they could only take one suitcase each with them. The government took possession of everything else they owned.

From Miami they took a train to Virginia, luckily my grandmothers father spoke English and was able to get a job managing a hotel in Virginia. My grandmother said that her first memory of America was even though Cuba was a tropical paradise she couldn’t remember a time where she saw so many people happy. Within 6 months my grandmother spoke English, and her mother a year after that. They were one of the last families that would be allowed to leave Cuba legally. Many years later my grandmother saw on the news there were people trying to leave Cuba for the United States on rafts. Once Castro made Cuba the first communist country on the Western hemisphere in 1965, things got much worse. The people on those rafts were starving and all she could think of was how lucky her family was to get out when they did.

Conclusion

Before I interviewed my grandmother for this podcast I had heard some of these stories, but I never really understood until I did the research for this podcast. Most of the time I even forget that my grandmother is not from this country. My mother Tara Tietjen, was the first person in our family to be born in the United States. The strangest thing I learned from this interview was if my great grandfather Otto hadn’t gotten permission to enter the United states my family’s history might have been about escaping communism on a raft.

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Interview with Anne Shapiro

On November 13, 2018 I was given the chance to interview a woman named Anne Shapiro. Anne is a retired accounted who taught my grandmother to speak English up until last year when my grandma past away. Together we discussed her life in detail, she held nothing back, and we examined her life through the lens of the broader context of the history of women in the U.S. Anne is the second of two children. She has a brother who is thirteen months older than her. She was born in Chicago in 1942 to educated parents from very different backgrounds who provided models for interesting lives without undue deference to cultural norms. During her lifetime, Anne, a white woman, continued the ways of the middle class she was brought up with by her parents. She grew up in a neighborhood where 100% of the residents were born in America, 100% of them were white, and 90% were Jewish. Anne is now 76, divorced and living in Pasadena to be closer to her only child and her brother. While Anne’s family lived up to the cultural norms of the 40’s and 50’s where the woman stayed at home and the man went to work, they did not preach this lifestyle. She had a liberal upbringing and yet she was not involved in many of the women’s movements going on at the time. After hearing about Anne’s experiences, I see that I can put them in conversation with the historical context of Women’s education, sexual division of labor in the U.S., and the birth control movement.

Anne’s father missed the first two years of her life because he was enlisted in WWII. He was sent to pacific as a doctor specializing in orthopedic surgery with the Marine Corps and landed on Tarawa and Saipan --- two really terrible battles of war and he was on front lines doing surgery on the wounded rather than shooting. He probably suffered PTSD but that was not a term then. Anne recalls how the war affected her family by saying; “It interrupted my parents life---my mother with the fear of the death of her husband and taking care of two babies alone; my father with the experience of terrible battles.” He was 41 in 1945 and just beginning a life that had been interrupted for the war years. Anne’s mother was a college educated nurse but never worked after having children. As a result of the Great Depression when her parents were growing up the family’s political views were very liberal but not to the extreme of being communists. This allowed their children, especially their daughter Anne to have a life that many women of her generation could not. This was a mindset shared by the majority of her extended family including a female cousin who graduated from Yale Law School in 1951 when no women went to law school.

The Shapiro family was fortunate enough to have money so that both children could go to college. Her brother became a general surgeon graduating from Johns Hopkins University. Due to her gender Anne was not pushed to enter the medical field by her parents. They did want her to go to college but she did not have the same pressure as her brother to become a doctor or even enter the scientific field, which at the time was dominated by men. Chemist Betty Lou Raskin addressed this idea in a 1958 address to the American Association for the Advancement of Science. She blamed “cultural conditioning and poor vocational guidance” (Raskin 1958) for women’s lack of interest in scientific careers. Anne received her BA from the University of Michigan, MA from University California, Berkeley, MBA from State University of NY Buffalo, and CPA from New York State. In 1963, when she graduated from Michigan, there were limited job opportunities for women but she did not work at the time and chose to be a stay at home mom. By the time she completed her MBA/CPA in 1981 most fields were in process of opening up for women but as we know a slow process indeed.

Anne was never involved in women’s organization but is very supportive of them. She even says; “I was not personally involved in formal organizations such as women’s organizations, environmental organizations but always supported/worked for liberal causes.” While at Berkley she did participate in civil rights movement. She was part of the very first sit in and was arrested with 800 other Berkeley students in 1964. The movement was about civil rights. They asserted that, under free speech they were allowed to hand out literature on campus to protest racial segregation in Oakland California. The University said it was private property and they could not hand out the literature. 800 students were arrested led by Mario Savio. After being arrested Anne met her future husband on their way to jail and in the end, they won the court case. She says it was her choice to stay home and raise her child that stopped her from participating in the women’s movement because she felt was not in the position to do both at the same time.

The division of labor in middle class home in the 40’s and 50’s was defined by cultural norms and Anne’s family followed this pattern: stay at home mother; working father and no divorce. She was very adamant that I know “They lived the model but did not “preach” the model.” Her mother was tall, thin and considered by all the kids elegant and extremely pretty. She was educated and read all the time, something unusual for women at that time. For Anne having a child had little impact on work because she chose to be stay at home mom for 7 years and her husband was a professor of literature who did all his professional writing at home so there was home care after she went to work. Her husband arranged his classes for when their daughter was in school so that he can be home with her when Anne was at work. Anne and her husband shared everything financially and generally agreed on how to allocate money. Although they had a very modern household their home was still somewhat affected by the traditional roles of the 50’s. Anne cooked and kept the “house going” though she and her husband shared more responsibilities for their daughter than fathers of the 50’s. Especially Anne’s own father who was old when he had children, war weary and working very hard as a doctor. Seeing as she had a lot of freedom with her parents, husband, and work life, she did not radically challenge women’s roles.

Anne worked continuously from 1981 to 2012 all in finance at Cornell University and did not face many of the problems most women of her generation had to endure at work because she started working in the 80’s when a change was taking place for women in the workplace. Anne has been very lucky to feel as though she has always been taken seriously at work and always worked for firms where she had opportunity for advancement. It is important to note this crucial fact relating to her career; “Remember, I did not pursue my last and final career (CPA) until I was 40 (1982) and by then so much had changed. Had I pursued a serious career in my 20’s there would have been many more constraints related to being a woman. I did not experience being a “woman” as a detriment to advancement except I did understand that the accounting firm rarely promoted women to senior partners.” The fact that women at her firm were rarely promoted to senior partner is sexual division of labor that is right in line with Ruth Milkman’s speculations about the division of labor during and after World War II, and how women were only hired into “specific classifications that management deemed ‘suitable’ for women and were excluded from other jobs” (Milkman, WA 537) . Anne also adds that there was no women’s work culture in any place she worked. Unfortunately, this was that harsh reality for women who worked at the time and even in some places today.

Dating was very important for Anne and her friends in the 50’s. Everyone wanted to be popular. Pre-Marital Sex was not something she and her cohorts were involved in, in high school, or college. In 1963 all of that changed with pill. The issue of “purity” disappeared before the “pill” but fear of pregnancy was very strong deterrent to pre-marital sex and abortions were still illegal. Margaret Sanger who coined the term “birth control.” In 1965, after it was legalized, as described in Beth Bailey’s “Prescribing the Pill: The Coming of the Sexual Revolution in America’s Heartland,” women were given contraceptives at public clinics only by licensed physicians and a commonly held view was that premarital sex was an immoral practice (Bailey, WA 632- 633) . Anne did not know anything about the fight to have the pill so it wasn’t shameful or difficult for her to use it when she met her husband and always saw it as an option for herself. They lived together and travelled together before marriage and she was taking birth control at that time. After a short time, she stopped taking them because the pills affected her system and so she switched to a diaphragm.

At 30, they decided to have a child and found out that she could not get pregnant due to tubal scar tissue from surgery (appendectomy) when she was 15. So, they did something that was not common for the time. They adopted a daughter. This is incredible because Ann was unable to do the only thing that the people and media at the time thought women were goof for; having children. Instead of abandoning her like many other men would have done, she and her husband adopted a child and lived a life of equality together. Historian Beth Bailey’s research has shown, that mainstream support for, and legalization of, birth control in the 1960s was hastened not so much by feminism. Rather by its connections to Cold War fears over population and Johnson’s Great Society programs that merged public health with family planning in the U.S. Anne’s recollections confirmed this insight; she did not associate birth control or herself with the feminist movement, but rather stated that as far as she could remember birth control was just always an option for her. She saw it as a convenient means of family planning which in the end she did not even need. (630).

These days Anne is modestly involved in community and political activities but none are gender specific or related to women’s role. Pro Choice is very important to her and women’s education in general and in math and science are also of great importance to her. Her family life changed with the divorce. As a woman who grew up in the 50’s, she simply never imagined she would be divorced. The most important change she has experienced is a deep understanding about “individuality”—how profoundly different each person is and the critical need to understand, accept and respect these differences. She says “the 1950’s was marked by a very narrow interpretation of how people are and what they should do. My family never actively promoted these interpretations but they were in the “air” and therefore influenced everyone.” Her views on women’s roles were always broader than the general culture because of her parents. Interviewing Anne has been very informative for me. It is true that she has not faced the typical difficulties like most women of her time, yet she has and continues to have a remarkable life. The thing I find most inspiring about Anne’s life is her openness and acceptance of people and ideas without judgement. This been an amazing experience and I hope to one day be more like her.

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Kat and her Life

The subject for my study was Kat. She is a unique woman who has survived and thrived through many life changing traumas. As she has aged, she has been getting assistance with her troubled past, while also advancing her education by getting her Bachelor’s then proceeding to get her Master’s. Kat has recently revealed publicly her past traumatic events, she was inspired by the ""Me too"" movement. Coming clean about her past has helped her come to terms with the direction in life she is going currently. Her acceptance of herself and her overall persona has made her become more than a friend to me, she is like a second mom with everything she does and who she is as a person. It can go without saying that Kat's middle adulthood is really allowing her to gain control of her life once more and become a better version of herself. Middle adulthood is a time for reflection and balance in one’s life and as it seems Kat is achieving both quite easily.

Introduction

The candidate I used for this study is a 53 year-old-woman named Kat. She is currently going through the middle stages of adulthood. While she self-identifies as a feminist and atheist, she is also bisexual and polyamorous. Kat is comfortable being herself in her own skin and doesn’t apologize for who she is. Kat says she might be damaged by her past traumas but that she feels better and stronger for the trials she has gone through. When asked how she sees herself, she described herself as a hard-worker that never gives up. Individuals such as Kat in middle adulthood are the product of their life history as well as of their situational demands, opportunities, and barriers. Individuals in middle adulthood are seeking balance and working on getting closure for past issues they repressed.

Reevaluation

Kat is going through her middle adulthood years. She is at a point where she is beginning to accept the physical, sexual and mental abuse that occurred for the majority of her life. The life experiences she has gained thus far have jaded and shaped the way she now lives her life. The time during middle adulthood is when adults begin to discover and reclaim repressed parts of themselves that they have yet to get closure on; these are parts that are lost to social conformity during the first half of our lives. As we age into middle adulthood people seek out balance and gain a sense of empowerment and confidence in order to be able to reprocess past issues. This is a time for reflection and reevaluation, many people take this time to seek counseling for any issues unaddressed or they go back to school and achieve goals they had previously walked away from. Kat has chosen not only to seek counseling to deal with repressed childhood trauma’s but she has also returned to school to get her Bachelor’s and Master’s in Psychology to be a Psychologist. Kat feels as though her past experiences would help make her a better Psychologist because of her ability to relate to her patients.

History of Abuse

Kat was abused by many closely related people from her past, many starting at a young age. She was sexually assaulted from age five to fourteen by her biological father, biological grandfather, and her mom’s boyfriend. Survivors of abuse typically have an intense, negative frame of mind long after the abuse has ended; anxiety, flashbacks, and trust issues are common in people who have experienced abuse. Kat’s sexual trauma has carried on through her life into her middle adulthood where she is now able to fully process her feelings and deal with them in a healthy way. As a child you had to protect yourself from the emotional and physical horrors of abuse; in order to survive, that child remained locked inside, unable to express the feelings and thoughts of that time. One way of coping with sexual abuse is to repress or forget that it ever happened. Even in the absence of conscious memories, certain experiences can trigger intense feelings of fear, and nausea. Kat’s abuse has permanently changed her personality and changed the way she operates.

Speaking Out

Kats abusive past has made her untrusting and overprotective. Kat’s alcoholic father, difficult childhood, childhood poverty, stress, and her economic deprivation are all risk factors that influence her middle adulthood. Kats protective factors include the emotional support she receives from friends and family, her healthy lifestyle, her exercise and meditation routine, and her giving and receiving social support. Her anger was built up and she never exploded until recently, Kat came out because of the Kavanaugh rape case with Dr. Ford and the “Me too” movement. For the first time in thirty years Kat came out publicly about her sexual abuse. Most people in their middle adulthood are attempting to find a balance to their lives. Kat is reevaluating her life as she ages gracefully. I believe Kat is reevaluating her life and coming out because she is finally ready to reclaim parts of her that she has repressed from her past for fear of social ramifications. Kat stated she finally came out because ultimately, she wants to help people like her because she had no one to turn to when it mattered, she also wants to help break the cycle.

Generativity

Generativity is an adult’s concern for and commitment to promoting the well-being of youth and future generations through involvement in parenting, teaching, mentoring, and other creative contributions that aim to leave a positive legacy of the self for the future. One of the key features of midlife is the opportunity to pass along the wisdom of our accumulated years onto others. Kat has a generative personality which is why she is pursuing a career in psychiatry so that she can take care of a younger a generation and pass her years of knowledge and experience onto others. That is also why Kat and I are friends, she is like a second mom to me and is my mentor, she is helping me with my own personal self-esteem issues and my own issues about my abuse history. In middle age people seem to gain a sense of confidence and liberation from insecurities. One thing I am envious of Kat for is her confidence she doesn’t care at all what others think she’s able to fully be herself.

Conclusion

Kat is functioning in her middle adulthood quite well she may be a bit neurotic but ultimately, she is successfully moving through her life and bettering herself. She is able to reevaluate her life and rectify the parts she doesn’t like, such as going back to school to pursue her dream career. Kat is also currently focused on bettering her physical and mental health. Middle adulthood appears to be a very transitional time in one’s life where one can change and grow for the better. I believe that middle adulthood is where people begin to wrap up their lives and gain closure on any unresolved issues in order to gain a sense of peace and balance.

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IT Professional Job Description

My dream job is to become an IT professional to work with the great company Google. Advancements in the field of technology have changed the manner in which individuals undertake their day to day activities. Technology has changed the way people communicate as well as the style in which people travel from one place to another. One of the significant applications technology is in the workplace where computers are used to record, process and store data. Moreover, computer programs have been developed to help organizations in the management of their employees as well as other business partners and suppliers. It points out that technology has played a significant role in improving the efficiency and productivity of various business processes and activities, (Hauff & Gousios, 2015, May). I believe that as an IT professional, I will be in a better position to find useful and sustainable solutions to the challenges facing the industry as well as the recurring human needs.

The nature of the work done by IT professionals involves the use of computer and other computer-based systems. The job, therefore, requires one to have skills in the software as well as hardware aspect of computers. It is also essential for the individual to be well conversant with the various languages used in the programming of computer software. A software engineer’s job varies according to the demands of the business or organization. The job description for an IT Engineer include the following;

  • Computer programming controls which are used to activate machinery in manufacturing industries.
  • Working with a business analyst to develop a project development plan.
  • Setting up new IT system.
  • Modifying IT systems already in use.
  • Building administrative and database systems for offices.
  • Writing documentation, developing code.
  • Programming a test model of a piece of software.
  • Testing the model for compatibility and installation problems.
  • Analyzing test results and fixing any technical problems that arise through the test.
  • Installing a complete version of the software and testing the software again before it is ready for use.
  • Testing and operating software once it is up and running.
  • Fixing any problems that arise with the software when it is in use.
  • Advising clients on the new software.

Compensation package and benefits package

IT professionals play a critical role in the organization as they are involved in the most of the organization processes that are undertaken through computer systems. Computer software engineers apply the principles and techniques of computer science, engineering, and mathematical analysis to the design, development, testing, and evaluation of the software and the systems that enable computers to perform many applications. For this reason, it is therefore essential to ensure that the organization can offer the position an attractive job description as well as an attractive compensation package, (Ehlers, 2015, May). The move will see to it that the organization can attract the best talents in the IT fields. Having a talented IT team is vital to ensure that the organization can keep up with the current trends and improvements in the IT industry thus improving on the overall productivity of the IT department as well as that of the organization as a whole. Moreover, a competitive compensation package will also see to it that the existing employees of the organization feel comfortable working for the organization by providing additional benefits and bonuses.

It is important to recognize that the United States is among the learning countries with the best paying software engineering jobs. The job position will attract compensation in the form of monthly salary in addition to other benefits. The average salary for an application software developer is $93,000, with only 10% of such developers making more than $139,000 in salary. Then, any Google engineer making $3 million per year is getting most of that in bonuses or stock. In addition to the net pay, the software engineer will also be entitled to the various benefit which is aimed at improving the employees overall well being thus increasing their jobs satisfaction as well as productivity. The benefits include house allowance, entertainment allowance, a flexible company funded mortgage plans, family cover, and travel allowances.

Other benefits of the job position include access to company cars as well as access to company learning the material on current trends in the software engineering field. The individual will have access to state of the art computer systems which will significantly improve their knowledge and skills regarding software engineering. The nature of work undertaken by software engineers requires them to be well informed about cybersecurity issues. Therefore, the software engineer will also be entitled to continuous training on current as well as emerging issues in the programming, cybersecurity and the technology industry as a whole. Last but not least, the individual will also be working with a team of well trained and experienced professionals in the IT industry, (Bhattacharyya, 2015). As a mid-level job position, working within the group will significantly help the software engineer to understand more of the intricacies of software engineering.

The rationale for the compensation package

Having a competitive compensation plan will see to it that the organization can stand out from its competitors in the job market. Moreover, the employees of the organization will also feel that they are most valued by the organization, and as such, they will work hard to meet the goals and objectives of the organization. To being with, the net salary is higher than the average annual salary for software engineers in the United States. What this means is that the organization will be able to attract a vast pool of qualified software engineers thus being in better position to settle for the most suitable candidate. Also, the benefits added to the salary are aimed at making the job more attractive to the potential candidates, (Ehlers, 2015, May). As such, more qualified individuals who are already working for other organizations can consider joining this particular organization.

Research has also shown that employees with better remuneration packages are not only more motivated for their work but even more satisfied with their jobs. As the most significant assets of the organization, it is the employees who are tasked with the responsibility of making the organization realize the desired success. According to Ehlers (2015) when the employees are well paid compared to the other major competitors of the business in the market, then the employees will focus on their work entirely thus giving the desired organizational outcomes. Otherwise, the employees may become dissatisfied with their work as they seek to join companies that promise to offer them more attractive compensation packages and benefits. In the end, the organization will also be able to effectively deal with the employee turn over challenges which threatens the success and sustainability of the organization in the short as well as long run.

The Performance Appraisal Program

Performance appraisal programs are developed base on the how employers perceive or desire their employee to undertake their duties and responsibilities. The program is also useful in helping employers identify the specific skills, talents as well as abilities of the employees. What this means is that performance appraisal helps the organization to develop its employees for the future duties and responsibilities within the organization. Various performance appraisal techniques have been developed, and the decision to use a particular method will depend on the desired outcomes by the individuals administering the evaluation. A capable performance appraisal system is one which has been well designed and constructed to assess the performance as well as the work relationships between the employees within the organization, (Chatterjee, 2017). Moreover, it is also essential for the program to be straightforward to ensure that the measurements are directly linked to positive outcomes for the organization as a whole.

The performance appraisal will be used for the above job position includes supervisor evaluation as well as self-evaluation of the software engineer. The supervisor evaluation will involve the assessment of the employee by the supervisor. The nature of the relationship between the employee and the supervisor means that this will present an opportunity for two-way feedback. That is, feedback from the supervisor on the performance of the employee as well as input from the employee on the performance of the supervisor. The supervisor will rate the performance of the employees as very poor, needy, fair, reasonable, exemplary as presented by, (Chatterjee, 2017). On the other hand, the self-evaluation will enable the IT professional to assess how he or she is performing her job based on the job description of the position. It is an opportunity to present the supervisor and the employee to interact during appraisal exercise.

The Rational for the Performance Appraisal Program

The goal of the performance appraisal is to ensure that the organization can understand the strengths and weaknesses of the employees. The information plays a significant role in helping the management in the decision-making process within the organization such as tagging the employees that would work best together. The two performance appraisal techniques were settled for because the will offer the organization as well as the employees the benefits that will translate into organizational success. It is because the results from the two assessments will give comprehensive information from two sources. The manager will be able to understand the employee from his or her perspective as well as from the standpoint of their supervisor who watches them undertake their duties and responsibilities on a daily basis throughout the workdays, (Foster, 2014).

The use of the supervisor evaluation will be an effective way getting to know whether or not the IT specialist is a team player. Since the supervisor manages the activities of the employees, they will be in a better position to say whether not the employee follows directives from the superiors, adheres to the set laws and regulations among other issues that require compliance. Moreover, the review of the supervisors by the employees can be done anonymously to ensure that the employees feel free, to be frank with the information they present in the assessment exercise. Last but not least, it is also imperative to mention that the supervisor evaluation also offers an opportunity for the supervisors to listen to the employees when they are giving their opinion or concerns regarding the issues that they are facing while undertaking their duties and responsibilities. The supervisors will also be in a position to serve the employees much better as they will be able to see thing from the employee’s perspective as argued by Foster (2014).

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My Dream Job: a Special FBI Agent

Growing up we all had these ideas of what we wanted to be when we got older. For me to a certain aspect of my life, my future plans were decided for me. My parents always wanted me to make a doctor out of me, so pre-med was my only option. I was always told that was what I was supposed to do, so I went on this pursuit on becoming a doctor. However, life doesn't always go as planned, when you least expect it things usually change for the better. After a year of studying pre-med, I built up the courage to tell my parents that I no longer wanted to do pre-med. My interest was in Criminal Justice, there was just something about law enforcement that got me excited. My future plans require me to go to law school to get my JD degree as 3 years of professional experience with the NYPD. The end goal would be getting my dream job to work as a special agent with the FBI.

My career goal has been clear to me for a while now. There was something about law enforcement that always had me intrigued, and at the edge of my seat. The idea of solving crimes but not just an crime, these cases require special clearances. However, even to get there I would need 3years of professional work experience as well as a JD degree from an accredited law school. The process to get to my goal is pretty extensive. To sit in for a civil service exam one has to be at 17-35 years of age. To work for the NYPD you would have to be a U.S. citizen and at least 21 years old to be hired. You would also need a high school diploma and 60 college credits with a 2.0 gpa minimum. Also you would have to be a resident of one of the five boroughs or surrounding counties in order to work for the NYPD. However with any military experience, college may be waived.

After meeting all requirements and passing the civil service exam I would have to attend the New York City Police Academy for a 6 month training program. Over the course of 6 months the program covers topics such as; law, behavioral and police science, first aid/cpr, as well as physical training and firearms training. To then graduate at the end of the program I would have to pass 4 different exams with at least a 75% or higher. The starting pay for a recruits is $42,819 and after the 6 month course the salary is raised to $45,673. Once a NYPD officer the pay goes up to $78,026 after 5 1/2 years of service.

Though to apply for the FBI you really only need a bachelor's degree from an accredited 4 year college, the jobs that I am looking at require a JD degree from an accredited law school and at least 3 years of experience. To apply you also need to be a U.S. citizen from ages 23-37. To be a special agent the applicant must meet qualifications for one of the five entry programs. The two programs that I am looking at and am interested in is the law program and the diversified program. The law program requires the JD and the diversified program requires a bachelor’s degree in any field with 3 years of experience or a masters, JD or PhD with 2 years of experience.

However that’s not even the beginning of the process. Yes I need experience, and yes I need to go to school for another 3 years after I get my bachelors while I work. The process to become a special agent is a much more thorough process. To start off you would need to create an account on the FBI job site and submit a resume. Then if your resume is approved you would be asked to sit in for a few written exams to evaluate your competencies. If you pass the test you will be submitted for a second round of testing which is the written and interview portion. If you succeed in the second round you will receive a Conditional Letter Appointment. Afterwards you have to pass the physical fitness and background/security check which includes a polygraph. Also you must meet all medical requirements including hearing and vision. If all the requirements are met then you go through a 21 week intensive training program at the FBI academy in Quantico, VA.

Being a special agent is barring a huge weight on your shoulders. The FBI being one of the worlds elite law enforcement agencies, being a special agent means maintaining security within the United States. The FBI deals with crimes that violate federal laws, rather than crimes violating state or local laws. There are five career paths in being a special agent in the FBI; Intelligence, Counterintelligence, Counterterrorism, Criminal and Cyber. I would like to focus on either criminal or intelligence. Criminal because the criminal activities investigated is the largest most significant function is the FBI. Intelligence on the other hand is broken into three primary categories; intelligence analyst, language analyst, and physical surveillance specialist. An intelligence analyst gathers information from various human and electronic sources and evaluate them and circulate them as insight. The language analyst needs the ability to understand conversations in multiple different languages, some of which I am already fluent in. Languages in government agencies are always in demand because they are always looking for someone to translate, so the fact that other than english I also know Bengali, Hindi and Urdu, may come to my advantage. A physical surveillance specialists job is to work alongside all other career paths in the FBI. Their job requires them to travel, working outside of an office, working with electronic equipments, and a constantly change work environment.

Being an FBI special agent sounds like a longshot. Even when someone asks me what I want to be and I tell them, they look at me very intrigued yet confused. To be honest with you until about 3 years ago I didn’t know what I wanted to do with my life. In 2015 when I started college, all I knew was that I was supposed to be a doctor because I was told to do so. Trust me when I tell you, I was miserable and I hated every minute of that year. When I was able to tell my parents what I really wanted to do with my life, I was sort of scared that they would be disappointed in me. Today I am taking that step towards my future, towards what I want. Being an FBI agent will give me the opportunity to help people get justice. I would be able to fight and help solve cases that may make a difference to our government. The thrill, the mystery, that is what I want. I know it’s not all fun and games as I’m imagining it but I am ready for what life has to throw at me.

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Dream Job Description

1) Analyzing professional capacity and dream job description

Answer: I am Sai Dev Kasaraneni, pursuing my master’s degree in civil engineering with construction and project management as my specialization from Lamar University, Beaumont, TX. I have done my bachelor’s degree in Jawahar Lal Nehru Technological University Kakinada and worked as a site engineer at Bhanu Constructions from June 2017 to April 2018. The dream job for me is to become a Construction Manager in a top construction company which handle massive construction projects. While working as a site engineer I discovered myself that I can handle situations well in the field and can communicate with technical and nontechnical staff and workers with ease and meet deadlines. That is the main reason that channelized me towards Construction and Project Management. Also I have done certification courses in PRIMAVERA, STAAD.PRO, RIVET, EVERSTRESS, EVERFE, PAVEMENT ME which are some of the important software used by civil engineers. PRIMAVERA is a project management software which involves calendars assigning projects and cost estimation of projects which is a must learn software for any construction manager these days

2) Job description similar to my dream job.

Answer: Heavy Highway and Bridge, Project Engineer, Webber, Irving, TX.

Source : Glassdoor.com

Description of job: The project engineer provides support to project manager and project superintendent in setting goals, communication, planning, organizing, implementing and tracking of the project.

  • Maintaining plan drawings and revise them.
  • Performing material take offs.
  • Communicate between owner and client representatives.
  • Calculate pricing and issue contracts and purchasing of orders for subcontractors and suppliers.
  • Maintain a high organized work area and management of multiple projects simultaneously.
  • Reading and interpretation of documents such as safety rules, operation maintenance.
  • Presenting information in a n effective way in one on one and small group situations to clients and employees of the organization.

Qualifications:

  • Degree in civil engineering or construction management.
  • Moderate to high level efficiency in operating PRIMAVERA 3 & 6.
  • Being able to communicate in English both written and verbal.
  • Ability to define problems, collecting data and drawing conclusions.
  • Ability to apply basic algebra and geometry concepts and utilize construction math concepts.
  • Ability to physically maneuver by foot at construction site with obstacles.

a) Why am I qualified for this job in terms of experience and expertise?

Answer: Reasons that qualify me for this job.

  • I am a civil engineer with construction management as my specialization in masters so it meets their requirement.
  • They require a professional to work in the field so my past experience as a site engineer helps me.
  • The project is a heavy highway project, I am currently pursuing Advanced Pavement Analysis And Design which directly relates to the job.
  • Worked on EVERSTRESS, EVERFE and PAVAMENT ME software which are pavement analysis and design software.
  • Good communication skills both verbal and written.
  • Communication between client and owner which I have already done when working as a site engineer.
  • Handling situations when ever needed.
  • Communicating the technical and nontechnical staff.
  • Achieving the goals before deadlines which I have done earlier working as an engineer.

b) Specific strengths that directly matches the job description.

  • Have a certification in PRIMAVERA 6 which is one of their main requirement.
  • Knowledge about Advanced Pavement Analysis and Design.
  • Knowledge about the guide lines for design by Texas Department Of Transportation (Tx DOT).
  • Strong leadership skills and handling situations properly.
  • Proficient in English in both verbal and written.
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Dream Job for a Better World

Most people have never heard of the profession called CRNA. This profession is highly unrecognized and the numbers show it. There are only 38,000 practicing CRNAs (this doesn’t include student CRNAs) in the United States which may seem like a lot but compared to say construction workers which are employed by the millions, the number is miniscule. CRNAs are just as important as Anesthesiologists if not more since they do the same job and more of the prep work. Through the study of nursing and anesthesia, the student of medicine can better understand anesthesiology. Most CRNAs have a minimum of a masters degree but you can get a doctoral degree in this field. “Becoming a certified registered nurse anesthetist (CRNA) can be a rewarding career choice due to personal satisfaction, benefits to society, and relatively generous compensation” (How).

CRNAs require several years of schooling and experience prior to becoming certified in their field. AANA provides a possible path to becoming a Nursing Anesthetist. First, earn a BSN degree or something similar, while it is not required for you to earn a BSN to become an RN a BSN can give an edge on the competition when applying to any accredited CRNA program.

Triton college has an Associates degree of Nursing program which partners with other Bachelors of Science in Nursing programs. Tritons program is a two-year course that includes clinical time as well as lab and lecture classes. Triton held an ADN seminar to help anyone wanting to go into the program find more information regarding what classes they need to take, how selective the program is, when the program's application exams are, how the scoring for the program works, and some information about the TEAS exam.

There are a bunch of classes needed just for general education for getting into the program but the three most important classes are BIS 241, PSY100, and RHT 101. The reason behind these classes being the most important is they add to your admission points. The minimum number of points is 6 while the max is 10. Just because someone meets the minimum doesn't mean they will be accepted into the program. An applicants GPA will earn them points toward their admission but the GPA accounts for the 3 courses listed earlier. For example, the applicant needs AT LEAST a 2.5 to get in. If they earned a “C” in RHT, a “C” in PSY, and a “B” in BIS their total GPA would only be a 2.4 and they would not be qualified to be considered into the program. From a GPA of 2.5-2.9 will earn the applicant 2 points. A GPA from 3.0-3.49 will be given 3 points. The highest amount of points to be earned from a GPA is 4 points meaning those 3 courses earn a GPA of 3.5 or more.

The next way to earn points if through the applicants TEAS scores. Applicants can earn 2-4 points through their TEAS scores.“TEAS, which stands for Test of Essential Academic Skills, is administered through Assessment Technologies Institute (ATI) Nursing Education. The test is a basic aptitude test designed to identify students who would succeed in nursing school and who have the ability to think like a nurse” (Wilson). This test is comprised of 4 tests which are Reading(40 questions), Math (45 questions), Science (30 questions), and English (55 Questions). The minimum is earning a 58.7% on all these tests put together. Anything from 58.7%-77.9% will be given 2 points. Earning a 78%-89.9% will be given 3 points. Having a 90% or higher will be given 4 points towards the admission score. “The difficulty of the tests allows schools to select students to have the best chances to succeed academically” (Wilson) The other 2 points are awarded for previous college history ranging from if the applicant ever earned a “D” or “F” to whether they have earned an Associates or Bachelors degree prior.

There are additional program requirements like a drug screening criminal background check alcohol breath test, knowing CPR, and making sure all annual flu shots are up to date. After acceptance into the program, the courses and work are very tough on each student and it is suggested that students don't work and only focus on school. Once an ADN is completed the student can transfer to a $-year University to complete their BSN. As mentioned before Triton partners with other colleges for a 4-year degree to make the transition as smooth as possible for students and this also means that most, if not all, credits transfer.

One college that Triton works with is Dominican. “The Bachelor of Science in Nursing at Dominican University is a natural complement to Dominican's strength in the sciences, as the university already boasts a strong reputation for its programs in biology, chemistry, neuroscience, nutrition science, and medical science” (Sramseth). Dominican has many faculty members with years of nursing experience to help students connect their in-classrom learning with real-world settings. Once a degree is earned, become licensed to practice as a nurse which involves usually passing an approved training program and the NCLEX-RN. The exam covers a variety of topics ranging from health assessment to infection control. Licensure and requirements may vary throughout the states so it is important to check prior to registering for an exam.

Once you become an RN it is time to earn your stripes. You need experience before applying to an accredited CRNA program. At least 1 full year of work as an ICU, CCU, or ER nurse is to be expected before applying. During this time some nurses choose to earn a specialization as a critical care nurse which can help their chances of getting into a certified registered nurse anesthetist program. “Eligibility for a critical care registered nurse includes having a valid RN license, passing an exam, and completing at least 1,750 hours of direct critical care within the previous two years” (How). Some programs advise nurses to shadow CRNAs for the experience.

According to the AANA, there are 121 accredited CRNA programs and over 1,799 active clinical sites. “Admission to these programs can be highly competitive”(How). Before applying one should check the admission requirements prior to applying to an accredited CRNA program. The programs take anywhere from 2-3 years of study where you graduate with a minimum of a master’s degree. There are some programs that offer a doctoral degree in this profession. These programs, whether it be for a master or doctorate, include courses from anesthesia pharmacology to anesthesia pathophysiology. “Additionally, the nurse anesthesia programs include clinical practice in university-based or large community hospitals where students are exposed to a range of procedures requiring anesthesia such as pediatric, plastic, and open-heart surgeries”(How Do I Become a Nurse Anesthetist).

The Drexel University offers a Masters Of Nursing in Anesthesia which is an on-campus 28-month, 89- quarter credit full-time program. Drexel University is one of the top programs in the U.S.A. for earning an MSN in Anesthesia making it very difficult to get into. In this program “students take part in nurse anesthesia clinical practicum under the direct supervision of certified registered nurse anesthetists and/or anesthesiologists to learn how to administer a variety of anesthetics including sedation during monitored anesthesia care, general anesthesia, and regional anesthesia. Additional clinical subspecialty rotations provide anesthesia management experience for the obstetrical, pediatric, cardiac, and neurosurgical patients” (Master). The program is very rigorous with an attrition rate of 12% as of last may. The program offers credits in science, clinical practicum, and nursing and research.

Getting an MSN is one way of earning your CRNA degree. Another is earning your DNAP which stands for Doctor of Nurse Anesthesia Practice. By the year 2025, all CRNAs will be required to have completed a doctorate in nurse anesthesia to enter into the field. Virginia Commonwealth University is ranked number one in Nursing-Anesthesia as of 2016. The program offers on and off campus classes for the first two semesters in which the students may continue w1orking as RNs. “Semesters three and four are a traditional format and employment is strongly discouraged” (College). Semester 4 is when the clinical training really takes place. There are 6 clinical practicum courses in this program stressing any and all relevant science and research in anesthesia practice while engaging in direct patient care. “Throughout the Clinical Practicum coursework, students will be afforded the opportunity to plan for and administer all types of currently accepted general and regional anesthesia techniques to a variety of patients ranging in medical and surgical acuity. Graduate students will be assigned to various anesthetizing locations with selected affiliate hospitals. At all times while in the clinical environment, students will be directly supervised, instructed, and counseled by CRNA and/or physician anesthesiologist Clinical Instructors” (College).

For admission into this program, students must have a Baccalaureate degree in nursing or related science, be licensed as an RN, a minimum score of 3.0 on a 4.0 GPA scale, minimum one-year ICU experience, references, interview, and a completion of the GRE. The GRE stands for Graduate Record Examination. This test is commonly required for admission to any grad school. “Much like the SAT and ACT, the GRE exam is a broad assessment of your critical thinking, analytical writing, verbal reasoning, and quantitative reasoning skills — all skills developed over the course of many years” (Brian). It is divided into 3 main sections the Analytical Writing section, the Verbal, and the Quantitative. These sections may include unscored and research sections with questions that are being used for future tests. Test takers won't know which are scored and which are not so they must try their hardest on all the questions.

After completing an accredited program, nurses must take the National Certification Exam to become a CRNA. This is a computer exam which typically lasts 3 hours and the exam adjusts according to the participators answers to previous questions. After all the hard work, during school and the exam nurses can finally apply for an entry-level position as a CRNA. Some employers seek CRNAs that can work a variety of departments while others look for nurses who specialize in a certain practice. To stay a CRNA you must recertify through the NBCRNA every 2 years. “The process includes proof of valid RN license, 40 hours of continued education, verification of work in anesthetics during the prior two years, and absence of mental or physical conditions that could interfere with the practice of anesthesia” (How Do I Become a Nurse Anesthetist).

Skills that may be useful as a CRNA are good people skills. You must able to explain to a patient and their family what is going on and what will happen. You must be able to focus on more than one thing all at once and not become distracted. Noticing problems and identifying the best way to fix them is a very desirable ability to have as a CRNA. Looking for ways to help people whether that be mentally or physically is a great skill and predisposition to have when practicing as a CRNA. Helping patients to stay calm before a surgery is a great factor in how the surgery goes, a stable mind equals a stable surgery.

“The work begins when a patient is scheduled for a medical procedure. If the patient needs anesthetics, then a CRNA will help. These nurses consult with the patients' doctors to find out about the procedure. They also find out the condition of the patient. They review medical records and talk to patients about their medical history. This helps them decide what kind of anesthetic to use and how to administer it” (Welcome). The nurses answer any questions the patients may have prior to the surgery since patients are often nervous about being put under. The CRNAs, when it is time, put the patient to sleep whether that be through injection of gas. During the surgery, the CRNAs job is the check of the patient's vitals and keep them safe. Sometimes the anesthetic needs to be changed and the CRNAs also do this job. "You need to be highly motivated, highly educated, and extremely detail-oriented — and on top of that you need to be extremely personable," he says. "You have anywhere from 5-15 minutes to get to know your patient such that they are willing to entrust their lives to you” (Taube).

Luckily, there will never be a shortage of job opportunities for this profession as it has a bright outlook for future jobs. As of 2014, there are 1,860 CRNAs employed in Illinois. This number is projected to increase to 2,180 by the year 2024. That’s 320 more jobs and a 17.2% increase just in the state of Illinois. Salary expectations are pretty good with the median salary in Illinois being $135,980 or $65.37 an hour. Income, of course, all depends on experience level as well as the employer and geographic location.

CRNAs are in demand all over the country and the job opportunities, as I have mentioned, will only increase. The best prospects for this profession will be in rural areas where you can make more than the median salary and sometimes almost $100,000 more. In Montana, CRNAs earn the highest average salary at a very high $243,550. There will never be a shortage for nurses or CRNAs in the medical industry since the industry is always growing and we find out new things about the human body every day. Being a CRNA has been voted as one of the top 5 medical professions and is also in the top 100 best paying jobs out there. The reason for it being one of the 100 best paying jobs and top 5 medical professions is the responsibility that comes with the title as well as if something goes bad during a surgery a CRNA is one of the first people to know.

Brian. “The GRE Test: What You Need to Know.” Peterson's, Peterson's, 25 June 2018, www.petersons.com/blog/the-gre-test-what-you-need-to-know/. “College of Health Professions.” Programs | VCU Nurse Anesthesia, nrsa.chp.vcu.edu/programs/dnap-entry-to-practice/. “Master of Science in Nursing in Nurse Anesthesia.” College of Nursing and Health Professions, drexel.edu/cnhp/academics/graduate/MSN-Nursing-Nurse-Anesthesia/. Sramseth. “Bachelor of Science in Nursing.” Dominican University Home | Dominican University, 13 Apr. 2017, www.dom.edu/academics/majors-programs/bachelor-science-nursing. Taube, Aaron. “Here's Why Nurse Anesthetists Earn Over $150,000 A Year.” Business Insider, Business Insider, 15 Sept. 2014, www.businessinsider.com/why-nurse-anesthetists-make-150000-a-year-2014-9. “Welcome to Career Cruising 2.0.” Career Cruising, 2018, www2.careercruising.com/careers/profile-at-a-glance/652. Wilson, Brittney. “What Is the TEAS Test and How Can I Study for It?” The Nerdy Nurse, 3 Sept. 2018, thenerdynurse.com/what-is-the-teas-test-and-how-can-i-study-for-it/.

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AOD Counselor Job Description

Addiction was the only hand he ever held, the only eyes he ever looked out of, and because of that, he never truly saw a sunset or felt a breeze on his face. It would have only taken one person to say something that could have changed the course of his life forever. There are various factors that lead me down a path of wanting to become a Substance Abuse Counselor. I felt this career choice was a way to breath new life into people and that other people’s endings won’t end up being apart of a statistics. However, this course is not black and white; it’s training to help patients with their inner demons and trying to ease the road of recovery for them.

I cannot divulge that every person’s reason for drug use is because they mentally self destructed and the rest followed. Nonetheless, there had to be a moment that they no longer saw a tomorrow for themselves. Mental Health is the priority of Substance Abuse Counselors. They help people that are struggling both mentally and physically, to defeat their addictions.

The route of education for a AOD counselor can be achieved by certification with counseling, gaining clinical practice hours, passing a background check, and undergoing exams for National/State licensing. Evidently, the stipulations are determined by state licensing organizations and governing boards. A two year degree like an Associate’s, is generally what is required to be equipped for positions that are entry-level. As reported by the GetEducated.com website, “An Associate’s degree in Psychology or in Counseling covers:

  • Theories of Counseling
  • Case Management
  • Family and Group Counseling
  • Multicultural Counseling
  • Psychology “ ( GetEducated.com, 2017).

What is required for a AOD counselor is a minimal of 2 years of both case management and experience, computer skills like microsoft word, and knowledge of Cognitive Behavioral Therapy. Some straightforward basic qualifications are licensing or certification, a valid driver’s license and dependable transportation. It's vital to have current certification in CPR and First-Aid, along with receiving a TB shot at the beginning of employment. According to Indeed.com, “ Being bilingual,having flexible hours, experience in inpatient/outpatient settings, and knowledge of program planning/ development” is not mandatory but it is sought after by employers (Indeed.com, 2018).

In other states, there is education that is considered mandatory like a Bachelor’s or an online Master’s degree for the soul purpose that it provides the AOD counselor with more years under their belt. This allows the AOD counselor to be adequately prepared to assess the patient for methods of treatment. Location as far as states go, does play a huge part in how much is required of an education verses what is preferred in order to have greater job opportunities. It is advised by GetEducated.com to distinguish between what work environment for counselling you want to be in, such as clinical or rehabilitation. For an example, “Those who want to work in medical and healthcare-specific environments should consider a concentration in clinical counseling. Those who wish to work in social work environments should consider rehabilitation counseling concentrations” (GetEducated.com, 2017).

On a typical day, the tasks of a AOD counselor include up-keep on clientele files, assessing and writing reports, and working as team with other professionals to determine an appropriate treatment. Treatment for drug abuse is not the only counseling provided, but also focuses on the overall mental health for the patient and their loved ones. In counseling sessions, critical thinking is demonstrated by the counselors to help with the depression and strain caused by addictions. The mission for AOD counselors is to able to ease the road to recovery for patients by helping them return to a normal setting like find employment or support groups. Often, what leads a patient into relapse is the lack of knowledge of addiction, recognizing behavioral conditions, and what actions to take. The nature of an AOD counselor is all about communicating with those whose lives has been touched by addiction.

It is unfortunate that the only time that mental health comes into accountability is when a person is hitting rock bottom. It is irrevocable that we all have the same doubts, emotions and the same destiny in the end, so why is so hard to imagine the person next to us is just as human with their own set of demons. I believe an AOD counselor takes this into consideration, even though not all treatments work the same on every person; it still is a human self destructing. Just some people make it a little more apparent. There are various accommodations or environments for those in need depending on the patient’s situation. From private establishments, state/local facilities, halfway houses, detox centers, to facilities for the juvenile.

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Dream Job Analysis Human Resources Manager

Why I chose Human Resource Manger as my dream job

Its a job that has the things I was passionate about when looking for a job such as helping employees, the organization and management. This job has been something I’ve been thinking about since high school when my cousin got a job in the HR field and told me about it, and how I would be a good match for HR. The satisfaction one can get for helping one getting a job and learning more about the company

How I would be able to share my knowledge about the company and Hr with new employees during training and helping current employees understand something better

To help the company follow and keep track of OSHA- required data since I am already a little familiar with OSHA and how some of there safety policies are

  • Job analysis
  • Job Description
  • Oversight and assist all Human Resource support matters
  • Plan and implement employee benefit programs
  • Handle staffing problems and follow up with the correct procedures
  • Place employees with organization’s management
  • Oversee the hiring process
  • Draw up contracts
  • Assit with employee onboarding Job Specifications
  • Excellent verbal and written communication skills
  • Bachelor Degree Knowaglebe in Microsoft Office and HRIS Experience with teamwork and collaboration
  • Knowagble with/ about Unions, employment laws
  • Able to mult-task Salary Analysis

The Chart above is from the United States Department of Labor from the Bureau of Labor Statistics. They chart shows what the pay was from Human Resource Managers in 2017 in the difference job classes.

How I plan to achieve this dream job

Education

  • Getting my associated in marketing management in May 2019
  • Start in internship in Human Resource in late May early June 2019
  • Start at Eastern Michigan university in Fall 2019 to complete the 38 credit hours needed to get my Batchelor degree
  • Take and complete OSHA training online or in class Graduate EMU 2020 ish
  • Start working full time at a lower level HR job working my way up to manager
  • Complet and requite HR certification
  • Training Intership in HR
  • Start out as HR specialist or Labor Relations Specialist
  • Work 5ish years in lower level position then move up to Manager

Citations

Heathfield, Susan M. “What Are the Job Responsibilities of an HR Manager?” The Balance Careers, The Balance Careers, www.thebalancecareers.com/sample-human-resources-manager-job-description-1919125. “Summary.” U.S. Bureau of Labor Statistics, U.S. Bureau of Labor Statistics, 27 Apr. 2018, www.bls.gov/ooh/management/human-resources-managers.htm#tab-5.

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Develop a Recruitment Plan for how you Will Hire Someone for your Dream Job

Recruitment process

In the recruitment process, an organization needs to develop a strategy which would bring to them well-qualified applicants consisting of past and current veterans who served honorably, to teach history in their high schools. This process will allow them to selectively pick those with the right credentials or requirements to teach. The organization will keep the selection manageable and will provide good job previews (4ltrpressonline.cengage.com, n.d.). The organization must also keep in mind that these applicants are looking for their own benefits as well and the organization must provide and address them to achieve their recruitment goals.

The goals for recruiting

The organization’s number one role is to recruit the best and brightest teachers that our country can provide. There would not be any better candidates than those who served our country by putting their lives on the line to protect our great nation. They can continue serving by teaching our young future minds. The recruitment pool would be successful in hand picking those that meet the immediate requirements without going through an overwhelming and long process. These applicants must not only meet the necessary requirements, but they must have the motivation and interest to teach. The organization must be aware that the candidates have certain goals or benefits that must be met for many of them to join this organization. Eligible teachers would receive a competitive salary, a 401k, paid vacation, sick days and health insurance, just to name a few (Teacher Salary and Benefits, n.d.).

Personnel policies

Teachers will be expected to follow all course curriculum and dates. Obey all Equal Opportunity policies and regulations of the school. Respect the supervisors, co-workers, and students. Report any violation or cheatings that occur on your watch.

Recruitment sources

The organization will post all jobs, descriptions, requirements, and benefits on their website and newspapers such as the “Army Times.” The organization will closely work with military recruits to counsel those who are leaving the military and advise them about the “Troops to teacher” program. Another source of external recruiting would be the college placement offices and college job fairs. Appointments will be set up with the future candidates and will be notified as to what documents they must have with them at the time of their interview.

Establishing the identity of the recruiter

The organization will have subject matter experts representing the company with the necessary information and support for those that want to become future history teachers. The organization will provide interviewers in several colleges and military bases throughout the country and abroad (Germany, Korea and Japan).

External vs. internal recruiting

The organization would either provide recruiter to represent them or hire a third party for this job process. There may be a time when applicants may even ask why they should work with a recruiter of the organization instead of a third party. Therefore, the organizations should know the difference between the external and internal recruiting and their advantages and disadvantages (Internal vs. External Recruitment, 2018).

During the external recruiting, the organization looks outside their workforce for prospective employees (Internal vs. External Recruitment, 2018). This type of recruitment helps bring in new employees that may have new ideas, new techniques, creativity and innovations for the company. On the other hand, current employees would feel that they are denied the option to seek work in other departments or even a promotion. The current employees may have the best experience on the job compared to the newly hired, which can have a negative effect the productivity in their company (4ltrpressonline.cengage.com, n.d.).

In an internal recruiting, the organization recruits its own employees within their own workforce (Internal vs. External Recruitment, 2018). As a result, current employees can laterally transfer to other jobs or even seek promotions in higher-level positions. This is very cost-effectively because as current employees move up they will leave lower-level positions to be filled by newly hired candidates at entry level wages. There are two disadvantages to this type of recruitment. New ideas and creativity can become stagnant since the organization is not hiring new employees who may new ideas. Anytime a current employee is promoted, it would leave a job opening with less promotions and transfers (4ltrpressonline.cengage.com, n.d.).

In this recruiting process, the organization is only using external recruiting since they would be seeking veterans to enter the teaching profession.

Detail your recruitment method(s)

Once the future recruits sign into the organization’s websites and register, an email will be sent to them entailing the organization’s history, mission and the requirements needed to become future high school teachers. The recruits will be given an appointment to meet with an interviewer and a location based on their home address. To keep the process manageable, they will have several interviewers at each location and only up to five to seven interviews per day. Another external recruiting method that the organization might use is the referral method (Internal vs. External Recruitment, 2018). Military recruiters will interview and refer those individuals that may meet the guidelines to become history teachers. Making the process for the organization a lot smoother.

Explain realistic job preview

This job expects teachers to motivate and engage students through a four-year world history sequence while incorporating social science, politics, research and other pertinent courses. They must be able to create lessons that will help students learn and understand history and how the research for information is conducted. The educator must receive positive academic results through the students ‘work, exams, class participation and by challenging them outside the classroom (i.e. Homework). Teachers should be able to work and train with colleagues and school leaders to receive positive feedback on their job performance and receive support when needed.

Legal issues involved in recruiting

The organization will not have any legal issues in recruiting unless the future candidates fail a drug test or fail a background check because of false information on their applications.

Managing the influx of resumes

The organization will not have a problem with the management of an influx of resumes because they will not be accepted on the website. Since our candidates are from military background, the organization will have guidelines as to each job description of all military jobs.

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My Dream Job: Nursing

Abstract

One of the most important decisions someone can make in their lifetime is what they are going to be when they grow up. From sun up to sun down, week after week, a job will consume a majority of the time a person spends in their lifetime. In some cases this might sound unpleasant, but in some it might sound exciting, especially in situations where that person is living their dream. A dream job is one that fulfills all expectations and that allows someone to do what they love until they are done. A dream job can be big or little and can affect others or not. A dream job is one that pushes limits and makes someone happy day after day.

Dream Job

A big part of my life has been spent deciding on the career path I will take. Whether this path be medicine or not, it is an important decision that requires a lot of thinking and realization. The big question for me was never “healthcare field or not?” it was “what career in the healthcare field?”. At first, I chose Physical Therapy, and then I wanted to be a Pediatrician or a Family Doctor. As I got older I put into perspective the expectations and hours of schooling being a doctor required. I learned more about nursing while looking into careers, and it stuck with me. Being a registered nurse is something I am passionate about now and will continue to be passionate about for the rest of my life, and is also a career that I will be able to excel at with both my knowledge and social skills. The environment of a hospital excites me and will allow me to connect with doctors, other nurses and coworkers, as well as patients in need of help. I hope to work in a hospital one day that gives me these opportunities.

Registered Nurse

Training and Educational Requirements

The purpose of education and training for employment positions is to ready you for the years of work you are about to endure. Nursing school along with any medical school can be tough and have requirements that prepare you to properly care for a patient with confidence and skill. To become a Registered Nurse, a student must receive an associate’s or bachelor’s degree from a state approved nursing school. These schools can be community colleges or private universities all with different course requirements and different costs. Ranging from $40,000 to $100,000 or $3,000 to $14,000 at local community colleges, nursing school can put a huge dent in your wallet (America, I). Although expensive, nursing schools have financial aid options for students who qualify for certain scholarships. As well as graduating from nursing school you must also be licensed, which has its own list of requirements as well. A license can be obtained by graduating from nursing school and passing a national licensure examination (Fulton, D). Nursing school requires students to pass classes and labs that focus on exploring the human anatomy and preparing the students to know and understand the different systems, functions, and sections of the body and everything that it entails. Along with classroom and lab criteria, nursing schools pair with local hospitals and clinical sites that allow the students to interact with and learn from doctors and nurses. These opportunities will give an insight as to what tasks and training goes into working in a hospital or office setting. Employment opportunities after school are easier to find because of the high demand for nurses. With more patients using home healthcare, hospice care, hospitals in general, and family doctor’s offices, the need for nurses will spike by 2022 and will lead to many opportunities for nursing school graduates (Dusseault, W). Once employed, on the job training will be provided to the employees that satisfy the needs and expectations of the setting in which you are working in. This training will give you a better look into the many duties you will hold as an employee.

Main Elements

Working in hospitals and in outpatient offices require a nurse to provide hands-on care to patients along with performing diagnostic tests and analyzing the results, operating and monitoring medical equipment, and administering patient medication and treatments (Fulton, D) followed by many more. The many duties given on a day to day basis is the reasoning behind the heavy workload nurses have. The nursing profession requires a lot of changing and stepping out of your comfort zone to accommodate a patient. In my interview with a registered nurse, she explained that if you are not okay with change then the nursing career is not for you. I think that staying on my toes each day and staying busy with the list of duties expected from me, that I will enjoy this career path for as long as I am working. These tasks that I will have as a nurse are taught to me to understand and to be confident in, as well as be able to succeed at and enjoy.

Location and Hours

A job as a nurse can take you anywhere and allow you to work anywhere in the world. From big cities with a population of 200,000 to small towns with a population of 10,000, registered nurses are employed in hospitals, public community settings, ambulatory care settings, nursing homes, extended care facilities (Spratley, E.) and the list goes on. This is a broad spectrum allowing any location to have multiple job opportunities and allowing me to choose where I would like to live. Along with the flexible location, this career allows a flexible hour schedule. Nursing provides full-time and part-time working options as well as allowing flexible hours. With the vast amount of nurses employed, hospitals and other nursing locations allow you to pick the days you work, whether they be consecutive or spread out. Starting out most nurses work over night shifts of 12 hours, 3 nights a week. Nurses who work during the day can still have those 12 hour day shifts or split them up into 5, 8 hour days (Nursing Hours). Even if not on schedule nurses are called to work in emergency situations and are on call at least one night a week. When situations like this happen, nurses will go into over-time hours and are payed for it. These flexible options in hours and scheduling will allow me to have as much freedom as I please and even allow me or my coworkers to have other jobs at the same time (Nursing Hours).

Salary and Pressures

No matter the job, my goal in finding my dream job is to make enough money to be comfortable and be able to provide for myself and my family. As a nurse, a plus side is the amount of money you can potentially earn. Starting out, a graduate student can earn $28,000-$50,000 a year, and that will increase over the years as you gain experience or possibly specialize in a certain area of the healthcare field (Registered). This amount of money would satisfy my needs and will allow me to provide for me and my future family, which is another reason that all of the hard work will be worth it. This career is going to offer me many ups and downs, which is nerve wrecking but exciting. Nursing can take a toll on you and can be stressful in certain situations. It will push me to my limits. I know that I can handle these situations, and I know that training and understanding the steps for taking care of patients will allow me to be more confident in this. I think that this job will offer me different opportunities each day that will keep it interesting for the many years ahead of me. In choosing this job, I think that my future employer will choose me for this line of work because I am tough, I am able to communicate effectively, I learn from mistakes and I truly believe that I have what it takes to be a nurse.

Use of Health Promotion

Most all diseases can be fixed with healthier habits, such as a healthier diet or more activity which is why health promotion is a big part of the job no matter which health care position you hold. Health promotion is used by nurses to educate the community on how to recognize signs and symptoms of diseases, managing health conditions, advising, and emotionally supporting patients and their families (Fulton, D). Nurses are the first and last person a patient interacts with when they are sick, making the use of health promotion extremely important in conversations and meetings. Screenings, diagnosing, and advising treatment are all promoting health and strategies to maximize optimal health outcomes (Nurses role). Nursing school programs are strong in teaching critical promoting techniques that allow patients to understand risks and the importance of practicing and living healthier lifestyles. Not only will I be able to teach patients but I will be able to take my own advise on living a healthier lifestyle.

References

18, 2. N. (2013, November 18). Nursing Hours: How Long Do Nurses Work? Retrieved November 8, 2018, from https://www.fortis.edu/blog/nursing/nursing-hours-how-long-do-nurses-work/id/2945 America, I. (2018, November 07). How Much Does Nursing School Cost? Retrieved from https://www.imagine-america.org/much-nursing-school-cost/ Dusseault, W. (2014, August 15). Retrieved from https://www.crosscountrytravcorps.com/news/4-reasons-nursing-jobs-are-in-high-demand Fulton, D. (2016). Introduction to Health Promotions & Health Professions. Dubuque, Iowa: Kendall Hunt Publishing Company. Registered Nurse Salary | RN Salary, Pay, Wages, and Income in Registered Nursing. (2018, September 04). Retrieved from https://www.registerednursern.com/registered-nurse-rn-salary-wages-and-income-of-registered-nurses/ Spratley, E., Johnson, A., Sochalski, J., Fritz, M., & Spencer, W. (2000). The registered nurse population. Retrieved January, 2, 2005. What Is the Nurse's Role in Health Promotion? | PNW Online (2017, September 11). Retreived from https://nursingonline.pnw.edu/articles/nurses-role-in-health-promotion.aspx

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Dream Job: Functional Consultant

IBM India Private Limited gives equipment, programming, IT benefits, and counseling. It offers programming items that incorporate business investigation, undertaking content administration, data the executives, lotus, programming the executives, benefit the executives, frameworks programming, and capacity programming; and WebSphere, a joining and streamlining programming. The organization likewise gives frameworks and servers, for example, control frameworks, centralized computers, edge focuses, UNIX servers, and Linux servers; and capacity frameworks that incorporate circle frameworks, tape frameworks, stockpiling territory systems, arrange joined capacity, and different stockpiles.

JOB ANALYSIS

Job Analysis is a procedure to distinguish and decide in detail the specific occupation obligations and necessities and the general significance of these obligations for a given occupation. Employment Analysis is where decisions are made about information gathered on a vocation. The motivation behind Job Analysis is to set up and report the 'job relatedness' of business strategies, for example, preparing, determination, pay, and execution examination.

Methods of Job Analysis

There are several ways of collecting information for job analysis:

  • Interviews (Unstructured/Structured)
  • Questionnaires (structured, open-ended or both)
  • Diary Method
  • Observation
  • Interviews with incumbents and supervisors
  • uantitative Method- PAQ, DOL

Methodology adopted for this job analysis is Interviews, Questionnaire and Quantitative method – DOL-O*NET

Questionnaire included the following questions

  1. Name
  2. Profile
  3. Minimum education requirement?
  4. Any minimum experience required?
  5. Describe a typical day at work.
  6. Are the task well defined?
  7. Do you supervise others?
  8. How you connect to clients?
  9. Describe in brief those matters which you must refer to your superior for approval before you take action.
  10. What are the technical skills associated with your role?
  11. What are the soft skills needed for your role?

JOB DESCRIPTION

IBM's Purpose is to be fundamental to our customers, to the world and each other and we are sure that together as IBMers we will drive this reason. Joining IBM is tied in with joining a culture of responsiveness, coordinated effort, trust, and the welcome and want to have a voice. Oblige IBM and do Best Work Ever.

IBM is perceived best quality level for incorporation, reflected in winning, to name few, the 2018 Catalyst Award for propelling ladies in business, the National Award Best Employer of People with Disabilities and being named one of the top 5 2018 Top Companies for Women Technologists for building a comprehensive working environment. IBM advocate for decency and balance as everybody seems to be, and dependably has been. At IBM Global Business Services (GBS) are a dynamic gathering of Business, Strategy and Technology experts - an explicit wellspring of market-driving Industry Consulting, Application and Business process the executives, upheld by the business' most advanced result based conveyance demonstrate. All intended to be the Digital Reinvention accomplice for driving customers over the world - offering some incentive drove and resource fueled end to end arrangements. With a worldwide impression in more than 170 nations, IBM is engaging customers to expand upon their colossal legacy in Application Innovation forms and furthermore change them to a Cloud, Cognitive and Social driven world. With abilities crosswise over six areas and 17 enterprises, all significant administration lines and capabilities, IBM's GBS is a promising specialty unit in itself to be a piece of.

Through IBM's extraordinary worldwide conveyance arrange; it offers worldwide ability combined with a profound comprehension of neighborhood capacities, markets and societies you could be a piece of and accomplice on some incredible activities with probably the best enterprises on the planet crosswise over geologies.

JOB ROLES

  • Collect and analyze business requirements for Oracle financial projects.
  • Write business requirement documents and other functional and technical documentations.
  • Assist in design, development, testing and implementation of Oracle financials projects.
  • Provide suggestions to customize Oracle applications for optimal performance.
  • Resolve technical and operational problems in a timely fashion.
  • Respond to customer queries and concerns promptly.
  • Identify functional gaps and provide corrective actions.
  • Ensure that project deliverables meet customer specifications.
  • Support project team in developing reports, tables, fields, data interfaces and application extensions.
  • Develop testing scenarios and write test scripts.
  • Work with documentation team to develop user guides and training material

SKILLS REQUIRED

  • Involvement with execution and additionally take off venture is required
  • Hands on involvement in designing Oracle Financials by getting ready BR.100 record
  • Comprehend business necessities and have the capacity to change over into framework arrangements in money related modules
  • Involvement with structuring RICE Components (Report, Interface, Customization and Extension)
  • Capacity to compose Functional determination reports to configuration RICE segments
  • Candidate will utilize his/her business information, and bundled arrangement aptitude to viably incorporate bundled innovation into the customers' business condition so as to accomplish customer expected business results.

KSA

  • Learning of Tax and Statutory prerequisites for nation explicit restrictions is an additional preferred standpoint
  • Comprehension of mixes/information stream between different Oracle modules
  • Information of Oracle recommended execution approach and their work items (AIM/OUM)
  • Earlier active involvement with Accounting space information (or) having worked in bookkeeping firms
  • Working knowledge of Interfaces, Customization and Extensions is expected
  • Execution and Roll Out Project Experience (European/APAC nations favored)
  • Strong comprehension of beneath business process territories favored (at least two):
  • O2C (Order to Cash)
  • R2R (Record to Report)
  • A2R (Acquire to Retire)
  • P2P (Procure to Pay)

HOW JOB WILL ENHANCE SKILLS

  • One will approach all the specialized and the executives instructional classes to develop once skill.
  • One will gain specifically from master engineers in the field; group drives love to coach.
  • One will have the chance to work in a wide range of regions to distinguish what truly energizes.

REFERNCE

  1. Glassdoor.co.in www.glassdoor.co.in/job-listing/package-consultant-oracle-erp-financials-ibm-
  2. Careers at IBM careers.ibm.com/ShowJob/Id/349603/Package-Solution-Consultant/?lang=zh-hans
  3. Wikipedia.org en.wikipedia.org/wiki/IBM_India
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Dream Job in the Army

I really didn’t know what I really wanted to do when I graduated and it never crossed my mind until my senior year. It wasn’t up until like October of 2018 when a Army recruiter and talked to us in Mr. Pierson’s economics class. And usually when a Army recruiter comes and talks to us I usually never pay attention. But this time it was a different vibe with Sergeant William T. Harris. He know how to keep our attention, so that’s what I did. He was talking about all the benefits The Army could give. It offers health and dental benefits, vacation time, family services, special pay for special duties, cash allowances to cover the cost of living and money to repay your college loans and so much more. I put a lot of thought into and I finally decided that I wanted to join The Army. But it wasn’t only because it could pay for my college, it also had to do with patriotism. I feel like the United States has done so much for me that I can never repay it. Giving me freedom, rights, and help me find happiness. So I thought the Army was the best way to repay what the country has given me.

And I looked at a brochure and did some digging and I found what job I wanted to do in the Army Infantry: The infantry is the main land combat force and backbone of the Army. They are responsible for defending our country against any threat by land, as well as capturing, destroying and repelling enemy ground forces. And I know the risk of being a Infantry man. I could potentially be Killing in action and to be honest I’m not really scared of dying. But before I can even think of enlisting in the Army I need to make sure I qualify for the Army. You can check if your pre-qualify for the army on the GoArmy website. It will ask you basic questions that you need to answer to see if you can enlist. You also need to go to a doctor to make sure that you are healthy and you can’t have any felonies or else they won’t let you enlist. And once the you get checked off and they let you enlist there is still lots you have to do before you get into “action”.

When you get shipped out to wherever location they send you, you have to go through Basic Training: the initial period of training for new personnel, involving intense physical activity and behavioral discipline. You’ll spend the “best” nine weeks of your life learning what it means to be a soldier in the US Army. Lots of people say you mentality will be entirely different. Apparently your mind will be sharper, you’ll be in the best shape you have ever been in your entire life and you will be confident than you ever have before. When you arrive at Boot Camp you’ll be issued your personal gear and uniform items. Then you will turn in all of your personal “contraband items”. Then you will be assigned to barracks where you will be staying for the next 9 weeks AKA your new home. Also there will be Drill Sergeants that will scream in your face because that’s their jobs; to make you as tough as you can possibly be. Your days in Basic Training are very repetitive. You begin bright and early at around 0500 and quickly make your bed, tidy up your personal area, brush your teeth, shave, and other personal hygiene.

The Army is extremely strict on your personal hygiene. In order for you to pass Basic Training you have to complete 3 test and pass them. For men ages 17 to 21, that means performing at least 35 push-ups and 47 sit-ups, as well as running two miles in no more than 16 minutes and 36 seconds. And if you don’t make any of these 3 challenges then you were simply processed out. And there is no shame in that. The military isn’t meant for anyone and all that matters is that you tried your best and you now know what you are capable of. And you can always try again until you succeed. After boot camp you will will do more training. You will have to do Infantry One Station Unit Training (OSUT). Initial Training in this MOS is primarily conducted through one station unit training , which combines basic training and job training into one single course of instruction. OSUT for 11B, Infantryman is 13 weeks, 3 days at Fort Benning. After all that training, you will be stationed somewhere. There is a thing called a deployment phase where the physical movement of individuals and units from their home installation to the designated theater of operations. People say that this phase can be very stressful for service members because that means service members and their families have to face the realities of a deployment and what that means for them.

Usually deployment means that they will have military duties in support of a mission overseas or within the United States. Typically US Army deployments to conflict zones (Afghan, Korea, Bosnia, etc.) are one year, but the range is usually between 6 months or little over a year. But about 80% of the jobs in the military are non-combat occupations. But since I’m going for infantry man I will probably see combat. As of December 2011, roughly 73 percent of active component soldiers had deployed to Iraq and/or Afghanistan. And i’ve told people that I wanted to do infantryman and all they do is make fun of me saying, “You realize that the military isn’t like call of duty?”. And everytime they say that it used to make me mad and bring me down. But now when people tell me that all it does is just motivate me even more into joining The Army. And the reason why it motivates me now is because of The Army recruiter. When I was talking to him at the college fair he told me that he was just like me but he found his motivation and I thought that was the most inspiring thing ever. It made me realize that I should never give up on something I really want to do. So when I did my research on the Army I saw that only 136,000 out of 33 million young Americans will join the army. And that is such a low number. People should really take into consideration that the Army can do so much for you and that there is a whole bunch of jobs in the Army. Most people think, “Oh I’m not trying to get shot and die”. When in reality it all depends what you want to do in the Army. You can be a engineer, doctor, aircraft technician and so much more.

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Dream Job in The Army. (2019, Feb 20). Retrieved November 3, 2025 , from
https://studydriver.com/2019/02/page/3/

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