Thursday, October 31, 2019

Case response Study Example | Topics and Well Written Essays - 500 words - 3

Response - Case Study Example Chen’s contract is also running and offers him autonomy over operations in China and while he is willing to corporate with Denver on the required changes, he demands that change in his responsibility will need to be defined and Mia Foster has to decide on an action (Bartlett 1- 13). Foster has many options to consider but she should redefine Chen’s roles through a new contract and through mutual agreement with Chen. This is because of such factors as Chen’s willingness to work with the company, Chen’s commitment to success of the company, implications of Chen’s contract, demonstrated ability of Chen to ensure success of the business in China, and management competency of Chen to sustain the current stage of the company’s growth in China. Chen states that he is willing to continue working with the company, even after expiry of his current contract and this means a dedicated employee who should be retained, especially for his recognized output and to reduce possible costs of recruiting and training a new personnel, which may be a recurrent activity should a suitable replacement be hard to find. The fact that Chen has successfully spearheaded Levendary cafà ©Ã¢â‚¬â„¢s expansion initiative also shows his commitment to the company’s goals and makes him an ideal asset. Denver’s office may not be comfortable with his initiatives but he implements these for the best interest of the organization and victimizing him for this would be unfair. With the realized success in China, noting that the company is almost breaking even in the region, Chen is likely to promote sustainability of Levendary in the region or in any other region and he should therefore not be forced out of the company. Chen’s contract als o grants him autonomy and this means that restricting his authority is a breach of contract. This entitles him to resign and take legal actions against the company and while apparent implications could

Tuesday, October 29, 2019

Assignment 9 Essay Example | Topics and Well Written Essays - 1000 words

Assignment 9 - Essay Example He brings his personal experiences and concerns while working at General Motors Assembly line. We are bound to understand him better as he uses his voice to bring out the actual nature of activities and also to let us know the real account of issues as they are. This leads us into taking a position that would not have been possible if such a case was historical in totality. Moreover, he exhibits a different working setting where someone can evade tasks assigned to him or her without eminent consequences, thus delegating the same to another person at the expense of that party. The interests of a person should not be a priority over those of the entire organization. One should strive to provide the best effort for the benefit of the organization and personal utility. For example, Hamper would skive his duties by teaming up with another person, ‘’double up’’ hence when that person did both working, he would hover around in the industry or even reading. Having the ability to do whatever he wants, Hamper jeopardizes the activities of GM as no one seems to care what happens regardless of the expectations. This way he puts personal interests first at the expense of the organization. He seems more interested at how well he can spend time outside the assembly line forgetting that he is duty bound to deliver. The working environment doesn’t seem to favor his bid to have an enjoyable stay. Discipline is also a key to any successful entity. This stipulates and thus lays a framework of how employees should carry out themselves since this is the source from which the external environment paints a general picture of the organization. The common effort of everyone is therefore called to task. In his book, Hamper fails to display any of these as he operates at his will to any direction he feels like. On one hand, the organization ought to institute penalty programs that must be applied judiciously to those who fail to attain the discipline thre shold and on the other hand ensure that the common effort is safeguarded. Moreover, General Motors offers the best state of affairs however according to the author he uses various diversions in order kill boredom and monotony of work. He also never tries to change the situation although the work unions are never harsh to negotiate with. The unions seems to be selective and discriminatory since the writer, apart from managing in his own way, finds it even easier to maneuver his way through them. These serve to give him more room to work uninterrupted even when things don’t seem to work well. The work environment today poses a great challenge to those entrusted with responsibility since one has to deliver to the stakeholders and other interested parties. This entails the account of every single resource used in the verge of the operations of the organizations. The same will enable match efforts utilized with the results realized. The working milieu seems relaxed and without cle ar cut strategies and rules all of which tend to cover rights and specific duties of employees. These regulations have to be adhered to with strictness if the company has to realize its goals of his and thus objectives. The foregoing is not a true account of what happens at GM. ‘Rivethead’ displays a work environment where one person works for two therefore giving room for the other one to be away for a couple of hours. The author, in an attempt to forget all his tribulations in the assembly line

Sunday, October 27, 2019

Child Abuse And Child Protection Criminology Essay

Child Abuse And Child Protection Criminology Essay The objective of this paper is to deliberate the role the Internet has on the sexual exploitation of children today. The central premise is the crime of online child sexual exploitation with the specific attention on sexual predators online grooming behaviours for procurement of children for sexual abuse. The paper begins with a brief overview of child sexual abuse and sexual exploitation, followed by a short background of computers and the Internet. The paper shall examine and discuss sexual predators, online grooming, accessibility, anonymity, content, and victimisation and highlight an opposing view. During the course of the paper, the term children implies the ages 12 to 17 years, and the expression sexual predators applied to define adults who habitually seek out sexual situations that are deemed exploitative while the use of the word Internet encompasses the terms World Wide Web and cyberspace. Throughout the course of this paper, I intend to demonstrate that, compared to previous generations, technology and the Internet has exposed children of the digital and virtual generation to the immeasurable vulnerability of becoming a victim of child sexual exploitation. Child abuse is universal; it is an extensive social phenomena on a global level that occurs through four methods; neglect, physical abuse, emotional abuse or sexual abuse (Rivett Kelly, 2006 and Lancaster Lumb, 1999). Child sexual abuse occurs when an adult uses their power or authority to involve a child in sexual activity (Child Rights International Network (CRIN), 2012). Child sexual abuse is a multi-layered problem; astonishingly complex in its characteristics, dynamics, causes and consequences with no universal definition (Hobday Ollier, 2004; Price-Robertson, Bromfield, Vassallo, 2010 and Browne Lynch, 1995). Therefore, child sexual abuse can be understood to encompass physical, verbal or emotional abuse (Barber, 2012 and Friedman, 1990) and can involve exposing a sexual body part to a child, and talking in a sexually explicit way (Finkelhor Hotaling, 1984). With the introduction of the Internet, online child sexual abuse has subsequently entered the perplexing realm of child abuse. Child sexual abuse now encompasses; sending obscene text messages or emails, or showing pornographic photographs to a child, solicitation, and online grooming to facilitate procurement of a child for sexual contact (Davidson Gottschalk, 2011; Stanley, 2003). Choo indicated that a study showed that 85 to 95% of child sexual abuse cases, the child knew the perpetrator as an acquaintance or family member in real life but had used the Internet and other technology to further their grooming activities (2009, p. xiii). Therefore, it could be suggested that technology has enhanced opportunities of child sexual abuse for offenders. The first personal computer became available in 1975 (Peter, 2004), and a new phenomenon entered the global landscape in 1969, but it was not until 1993 that it became a commercial product the Internet (Jones Quayle, 2005 and Peter, 2004). The Australian Bureau of Statistics, (2012), revealed Internet access exploded from 286,000 Internet households in 1996 to an incredible 13.1 million in 2010/2011. In almost two decades, the Internet has moved from an ambiguous communications vehicle to a vast virtual world and a ubiquitous fixture in homes, schools and workplaces; an indispensable component of millions of peoples lives (Davidson Gottschalk, 2011 and Quayle, Vaughan, Taylor, 2006). The universality of this technology revolution has changed lives in dramatic ways by shortening the geographical distances and facilitating ways to share information (Stanley, 2001). Computers and the Internet are valuable tools for childrens learning, but like all revolutions, the Internet has simul taneously brought about a darker side (Won, Ok-Ran, Chulyun, Jungmin, 2011; Jones Quayle, 2005 and Stanley, 2001) including the establishment of online child sexual exploitation from sexual predators. Child sexual exploitation is an umbrella term for a spectrum of negative sexual experiences including exposure to unwanted sexually implicit material and uninvited requests for sexual conversations (Burgess, Mahoney, Visk Morgenbesser, 2008 and Jones Quayle, 2005). The Internet created a portal for sexual predators to further facilitate child sexual exploitation. The Internet has become is a double edged sword (Won et al, 2011), although it is an indispensable element of life with the average Australian child spending between 11 to 21hrs per week online (Irvine, 2009), it also delivers new prospects for sexual predators to sexually exploit young Internet users. Sexual predators have been part of society throughout history (Choo, 2009), and now the Internet provides an opportunity for sexual predators to employ grooming behaviours online for solicitation, harassment, exploitation, production of abuse images and participate in abusive acts (Dombrowski, LeMansey, Ahia, Dickson, 2004 and Quayle, Vaughan, Taylor, 2006). Feather (1999) acknowledges that the internet has been shown to act as a new medium through which some commonly recognised forms of child maltreatment, sexual and emotional abuse may be pursued. Australia, in 2006, had 130 completed prosecutions for online child sexual exploitation offenses, in the same year the United Kingdom ha d 322 cases while the United States case reports grew from 4,560 in 1998 to an astonishing 76,584 by the end of 2006 (Choo, 2009, pp. xi -xii). The Internet has provided an accessible gateway for sexual predators to enter the homes of children previously unattainable as prior to the Internet the act of grooming by sexual predators would have required the predator to physically stalk their victims or to know them through legitimate reasons (Armagh, 1998). Child grooming typically begins through a non-sexual, manipulative approach to assist the enticement of a child through active engagement, and by utilising their skills of power and control to lower a childs inhibitions, to desensitise them and to gain their trust before luring them into interaction (Australian Institute of Criminology Online child grooming laws, 2008; Choo, 2009; Davidson Gottschalk, 2011; Beech, Elliott, Birgden Findlater, 2008 and Gallagher, 2007). Child grooming is not a new phenomenon; it dates back to when child sexual abuse was first identified and define (Martellezzo, cited in Davidson Gottschalk, 2011, p. 104). The traditional process of child grooming entailed close physical proximity to a child and many sexual predatory selected jobs as child-serving professionals or volunteers, this enabled them to have positions of authority and to gain childrens trust more easily (Berson, 2003, p. 10). The conventional methods placed the sexual predator at significa nt personal risk as they were exposed to suspicion of any special attention or affection directed towards a child (Armagh, 1998 Gallagher, 2007). The Internet aids sexual predators to shorten the trust building period and to simultaneously have access to multiple victims across the globe (Berson, 2003 and Davidson Gottschalk, 2011). Sexual predators utilise the Internet to groom a child for either immediate sexual gratification or to persistently groom a child online to lay the foundations for sexual abuse in the physical world (Davidson Gottschalk, 2011 and Quayle, Vaughan Taylor, 2006). Choo (2009, p. xii) stated that in the United States in 2006, there were 6,384 reports made regarding online enticement. The advent of the Internet facilitates sexual predators a formidable utopia of opportunity for sexual abuse through easier, simpler and faster instant access to potential child victims worldwide. The central differences for sexual predators in the physical world and the online world are accessibility and anonymity. The Internet changed the way people interact, and online communication has become an integral part of society. Instant messaging and chat rooms are readily accessed by sexual predators to discover and target potential victims (Berson, 2003; Choo, 2009; Davidson Gottschalk, 2011 and Stanley, 2001). Choo (2009) indicates that studies have shown 55% of sexual predators utilise social networking sites to enable quick, effective and ostensibly with confidentiality. Sexual predators employ their skills by exploiting search engines to locate publically available information on children and their activities, and acquiring personal information from participating in chat rooms which, then permits them to attract, manipulate and build long term virtual relationships with potential victims (Berson, 2003; Choo, 2009; Davidson Gottschalk, 2011 and Stanley, 2001). According to Choo (2009) a study in the United States in 2006 indicated that 71% of children have established an online profile on soc ial networking sites with 47% of them allowing their profiles to be public- viewable by anyone. 40% of sexual predators will read online profiles of children in an attempt to identify potential victims according to a study conducted by Malesky (2007). Social networking sites, chat rooms, and instant messaging support sexual predators access to children through real time open access to specific subject forums, searchable profiles, display of personal information, message boards and instant contact (Aiken, Moran Berry, 2011; Calder, 2004; Davidson Gottschalk, 2011; Dombrowski et al, 2004 and Marcum, 2007). Before the Internet, this type of information and access would have been almost impossible for a predator to acquire. The Internet provides a previously unattainable degree of anonymity and this allows a sexual predator to hide behind their masquerade personas to entice interaction with children (Choo, 2009). One of the main attractions of the Internet for sexual predators is the anonymity. A child does not always know who they are interrelating with, and they may think they know, but unless it is a school friend or a relative, they genuinely cannot be sure. Utilising concealment of identity, many sexual predators are more inclined to behave deviant; uninhibited through anonymity and the depersonalised isolation of the virtual world with little risk of detection (Aiken et al, 2011 Burgess et al, 2008). Feather (1999, p. 7) specified that many child sexual predators lurk in chat rooms they remain in the background intensively reading chat room posts without actually commenting themselves, they monitor the rooms looking for potential victims or they use a pseudonym to facilitate interaction. In 2006 , there were 850,000 cases of children receiving unwanted sexual approaches in chat rooms online in the United Kingdom, many anonymously or posing as a child (Choo, 2009). The main aim of concealing their identities is to gain the trust of a child to facilitate the eventual physical contact. A study by Malesky (2007) revealed 80% of participants frequented chat rooms geared towards minors and used pseudonyms to improve their chances of making contact with a child and to eventually generate an offline meeting. Technical advances have introduced sexual predators to protocols and programs that enable them to conceal their identities which makes it difficult to trace and locate them (Choo, 2009). The proliferation and ease of accessibility has allowed for child sexual predators to electronically creep into the bedrooms of children where they engage in sexually explicit chat, cyber voyeurism and exhibitionism over the expanding Internet. Since the Internet is largely uncensored and only partially regulated (Stanley, 2003) it has enabled sexual predators to expose children to negative content such as pornography and sexually explicit material. The unprecedented ease of access to the Internet introduced a vehicle for the flow of digital and electronic data of sexually exploitative material including sexual imagery. The Cyber Tipline in the United States advocates that in 2002, 51 million images and videos of pornography were on the Internet depicting children and indicated that between 1998 and 2012, there were 1.3 million reports regarding sexual inappropriate conduct and material these included child pornography and unsolicited obscene material sent to a child (National Center for Missing Exploited Children, 2012). Sexual predators use pornography and sexually explicit materials to desensitise children to deviant sexual stimuli to encourage them to participate in sexual activities. 1 in 25 children have been asked t o send sexual pictures of themselves to someone on the Internet (Mitchell, Finkelhor Wolak, 2007). Children are the targets for most sexual predators as their social skills are generally incomplete and they are less likely to pick up on the relevant clues of grooming such as inappropriate remarks (Choo, 2009). Children in the higher age brackets are more likely targets for sexual predators due in part to their greater mobility, sexual curiosity and autonomy (Choo, 2009 and Davidson Gottschalk, 2011). These children have an intense interest in expanding social networks, taking risks and forming emotional bonds with others. They share more personal information, interact with strangers via chat rooms, email or post pictures online, visit adult content websites and chat rooms and agree to meet with someone in person when they met online. Examination of literature for this paper indicated that the Internet poses real dangers to children and they can be vulnerable to sexual predators (for example see, Bersen, 2008; Choo, 2009 Davidson Gottschalk, 2011; Jones Quayle, 2005; Malesky, 2005 and Stanley, 2001). Even though Byron cited in Moran et al indicated that sexual predators may be increasingly moving online, given the increasingly restrictive real world access to children, it is impossible to determine the full extent of the numbers of children who have experienced online child sexual exploitation due to most cases not being reported but an Australian study estimated 28% of girls and 9% of boys have in some form been sexually exploited online (Choo, 2009). Wolak, Finkelhor, Mitchell and Ybarra (2008) argue that the Internet has only provided a new avenue for an old crime and suggest that through their research Internet initiated sexual abuse numbers are largely inaccurate. They suggest that the majority of the physical offline encounters is between adult men and underage adolescents who used online communities and were aware they were conversing with adults who rarely deceived them about their sexual interests and that the estimated 500 arrests in the United States for statutory rape occurring from internet contact 95% are non-forcible the adolescent was a willing participant. Richards (2011) suggests that situational and environmental factors play a key role in sexual offending and research has shown that most sexual predators are known to their victims; they are not targeted by strangers. Tomison (2001) specifies that in Australia it was not until the late 1900s did welfare groups begin to recognise that most perpetrators of child s exual abuse were from within the family; known as intrafamilial sexual abuse (Smallbone Wortley, 2001). In the 1920s child sexual abuse became characterised as abuse committed by strangers; known as extrafamilial sexual abuse (Smallbone Wortley, 2001). Today it appears to be seen as a mixture of both. In conclusion, child sexual abuse is a multifaceted problem, and the Internet has now contributed to the complexities of this. Child sexual predators are those who take unfair advantage of some imbalance of power between themselves and a child in order to sexually use them either online or in the physical world. Sexual predators predominately utilise the art of grooming to entice the trust of a child and while has been a part of the physical world of sexual predators in previous generations, the Internet has facilitated the use of grooming to a whole new level on the next generation. The Internet is a continuous, evolving entity that has become part of mainstream life. It has evolved from humble beings in the late 1960s to an immeasurable phenomenon way into the future, millions of families have instant, fast access the Internet daily and this too shall continue to grow with the introduction in Australia of a national broadband network. This paper demonstrated that most sexual predators, who commit sexual abuse on a child in the physical world, initially become acquainted with the child by communication over the Internet and employed more advanced grooming techniques to gain a childs trust. The paper established that the Internet has had a dramatic impact on the evolution of child exploitation by providing an avenue for sexual predators to seek out potential victims and to communicate with them. The rapid development and explosive use of the Internet have allowed for increased opportunities for recruiting children for sexually purposes through social networking sites and chat rooms and the paper identified the Internet as an ideal setting for child sexual exploitation through anonymity and the ease with which one can masquerade. Finally, this paper has identified and ultimately demonstrated that through the revolution of the Internet it provided new tools for sexual predators to sexually exploit children in the digi tal and virtual generation.

Friday, October 25, 2019

The Beauty of Car Rides :: Personal Narrative

When I was six years old, I hated car rides. To a six year old, a car ride was the epitome of boredom. There was nothing to do on a car ride except sit there for hours watching the trees. I would get carsick every single time I was in my mom’s Volvo. If I wasn’t sick or bored, I was waiting painfully in the backseat for the next exit ramp so my mom could turn off the road for a bathroom break. My mom would have to bribe me with candy or some other special treat just to get me in a car everyday. Some six year olds were afraid of monsters and doctor’s visits; I was afraid of the car. About ten years later something happened, a change. When I finally got my driver’s license at age sixteen, I was no longer afraid of the once dreaded car ride.   Ã‚  Ã‚  Ã‚  Ã‚  At first I did not know why or how it happened, I just was not afraid anymore. I did not get bored, I did not get sick, and I did not have to painfully wait to use the bathroom. What was once a time of fear and unease turned to a time of tranquility and delight. I was excited to drive my car, and I felt good while driving. Maybe it was because the music I was listening to calmed me. Perhaps it was the beautiful sights I saw outside my window. It could have been because it was a time when I got to leave my troubles behind me and relax. It may have been that I was driving the car rather someone else, or it could have been a combination of all of these things. All I knew was that I had a 35-minute drive to school everyday, and I enjoyed it.   Ã‚  Ã‚  Ã‚  Ã‚  My drive to and from school everyday became a deep Emersonian experience. It was not so much that I was getting in touch with nature; it was that I was getting in touch with myself.

Thursday, October 24, 2019

Hawkins V Clayton Case Summary

Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988) High Court of Australia Case Title: HAWKINS v. CLAYTON [1988] HCA 15; (1988) 164 CLR 539 F. C. 88/012 Medium Neutral Citation:[1988] HCA 15 Hearing Date(s): 1987, May 13 1988, April 8 Decision Date:20 June 2011 Jurisdiction: High Court of Australia Before:C. J Mason J. Wilson J. Brennan J. Deane J. Gaudron Catchwords: Negligence – Duty of care – Solicitor – Will held by solicitor – Failure to inform executor of death of testator and of contents – Whether duty to do so – Loss to estate caused by executor's ignorance of death – Measure of damages.Limitation of Actions – Tort – Accrual of cause of action – Running of time – Commencement – Breach by solicitor of duty of care to inform executor of testator's death – Loss to estate caused by executor's ignorance of death – Limitation Act 1969 (N. S. W. ), s. 14(1). Legislation Cited: Limitation Act 1969 (N. S. W. ), s. 14(1) Wills, Probate and Administration Act 1898 (N. S. W. ), s. 150 s. 32 of the Wills, Probate and Administration Act s. 61 of the Wills, Probate and Administration Act Cases Cited: Central Trust Co. v. Rafuse (1986) 31 DLR (4th) 481, at p 521Bowen v. Paramount Builders (1977) 1 NZLR 394, per Richmond P. , at p 407 Central Trust Co. v. Rafuse (1986) 31 DLR (4th) 481, at p 521 Bowen v. Paramount Builders (1977) 1 NZLR 394, per Richmond P. , at p 407 Voli v. Inglewood Shire Council [1963] HCA 15; (1963) 110 CLR 74, at p 85 Midland Bank v. Hett, Stubbs and Kemp (1979) Ch 384, at pp 402-403 Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. [1963] UKHL 4; AC 465 Marshall v. Broadhurst (1831) 1 C & J 403 [1831] EngR 151; (148 ER 1480) Balch v. Symes [1823] EngR 362; (1823) Turn & R 87, at p 92Aebly's Will (1941) 29 NYS 2d 929, at pp 931-932; affirmed (1941) 31 NYS 2d 664 Georges v. Georges [1811] EngR 446; (1811) 18 VesJun 294 (34 ER 328) Lord v. Wormleighton [1822] EngR 477; (1822) Jac 580, at p 581 [1822] EngR 477; (37 ER 969) Estate of Harvey (1907) P 239 Goods of Shepherd (1891) P 323, at p 326 Hollis v. Smith (1808) 10 East 293, at p 295 (103 ER 786, at p 787) Meyappa Chetty v. Supramanian Chetty (1916) 1 AC 603, at pp 608-609 Ryan v. Davies Bros. Ltd. [1921] HCA 53; (1921) 29 CLR 527, at p 536) Pinchon's Case [1572] EngR 289; (1611) 9 CoRep 86b, at p 88b [1572] EngR 289; (77 ER 859, at p 863)Texts Cited: Sir James Stephen, A History of the Criminal Law of England (1883) Parties: Representation – Counsel: File number(s): DECISION The case of Hawkins V Clayton was the result of a breach of duty by the solicitors of the testator, Mrs Brasier, and to the executor of the estate, Mr Hawkins. The solicitors were in custody of Mrs Brasier’s will and seemingly were not aware of the testators death for some time as they had written letters to her regarding her will in September 1978 and August 1979 with no respo nse.After the commencement of the action taken up by Mr Hawkins, he had passed and his widow and executor continued the action as she had become Mrs Brasier’s executor by devolution. Mr Hawkins and his family had lived with Mrs Brasier as a â€Å"tenant† in her home at Blakehurst, sometime during August 1973 Mr Hawkins and Mrs Brasier had had a disagreement and the Hawkins family had left the Blakehurst house. It was determined that Mrs Brasier had spoken with Mr Hawkins about his appointment as executor but had not confirmed it once the will was written.After August 1973 Mrs Brasier had contact the solicitors to make a new will but had not carried out the changes and the solicitors had not had any instructions from her since. After the death of Mrs Braiser, her nephew, Ronald Lamb had taken up residence in her house and had not paid any rent or maintained the property. Mr Lamb had contacted the solicitors and had represented to them that Mr Hawkins had disappeared and requested payment out of the estate for funeral expenses.Some years later, Mr Hardwick who had been handling the matter had retired and upon the retention of new solicitors from the Executor, had rendered an account for services provided to the estate. This case was heard in the High Court of Australia on appeal from the judgment handed down from the Supreme Court of New South Wales. In the judgment from the Supreme Court, it was found that the Statute of Limitations had barred the solicitors from being found guilty of a breach of duty of care.The High Court Judges had not reached a unanimous decision regarding the duty of care owed to the executor. Mason C. J and Wilson J found that there was no duty of care owed to Mr Hawkins and suggested the appeal be dismissed, on the other hand; Brennan, Deane, Gaudron JJ had found that there had been a breach of the duty owed to Mr Hawkins, and that the Limitations Act would not affect any claim of such a breach as the breach did not occur a t the time of the death of Mrs Braiser but from when the Solicitors found out of her death.There was argument that the resultant damages incurred by Mr Hawkins was caused by his ignorance of the will and his failure to administer the estate it was however found that the damages were indeed caused by the lack of the solicitors to promptly notify Mr Hawkins of his interest in the estate and his role as executor. Brennan, Deane, Gaudron JJ ordered that damages be paid by the respondents though as the damages had not been quantified, they all agreed that the parties should discuss and agree to the amount of damages payable, if the parties could not agree to an amount, the Supreme Court of NSW would determine the costs owed.The final orders as found in the judgment are as follows: 1. the appeal to that Court be allowed with costs; 2. the judgment of Yeldham J. be set aside; 3. in lieu thereof judgment be entered for the plaintiff for damages to be assessed; 4. the action be remitted for determination by a judge of the Supreme Court; and 5. the defendants to pay the plaintiff's costs to be taxed.

Wednesday, October 23, 2019

Andy Warhol Essay

Andy Warhol is one of the significant famous personalities of the twentieth century. He is an artist, a film maker, a celebrity and even a businessman. Warhol advanced the Popular art movement in America. He made compelling and controversial art works that yielded praises and even criticisms. Warhol had once said, â€Å"I’d prefer to remain a mystery. I never like to give my background and, anyway, I make it all up different every time I’m asked. It’s not just that it’s part of my image not to tell everything, it’s just that I forget what I said the day before, and I have to make it all up over again† (Wrenn Andy Warhol: in his own words).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Andy Warhol was born in 1928 in Pittsburgh, Pennsylvania as the son of Slovakian immigrants. His father was Andrej who was a construction worker who died when he was 13 and his mother was Julia. According to his mother, Warhol suffered three nervous breakdowns in his childhood (Andy Warhol). By 1945, he entered the Carnegie Institute of Technology (now Carnegie Mellon University) where he majored in pictorial design . After college, Warhol went to New York and started his career in illustration and advertising for several magazines including Vogue, Harper’s Bazaar and The New Yorker (Cribbs Andy Warhol: Biography). It was film director Emile de Antonio who encouraged Warhol to start as an independent   artist because he considered commercial art as a real form of   real art. His fondness for art and commerce gained him several recognitions from established organizations (Andy Warhol).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   During the 1960’s, many of Andy Warhol’s most famous and iconic images were generated. By adapting various images from popular culture, Warhol created many paintings that remained icons of 20th-century art, such as the Campbell’s Soup Cans, Disasters and Marilyns. In addition to painting, Warhol made several 16mm films which have become underground classics such as Chelsea Girls, Empire and Blow Job (Cribbs Andy Warhol: Biography). Most of Warhol’s films were deemed plotless,   complex and somewhat pornographic. Though there were scripts, most of the dialogues in his films were improvised by the actors who were usually transvestites, homosexuals and his acquaintances. According to Warhol, he never particularly wanted to make simply sex movies, but attempted to show how people can meet other people and what they can do and what they can say each other. Warhol’s gradual withdrawal from films production coincided with his near fatal shooting in 1968 by a female ‘factory’ reject connected with an anti-male hate group (Andy Warhol). More so, in this period, Warhol moved to the â€Å"Factory.† It was his place at Union Square in New York City where he and his team of hired workers massly produced screen prints of popular culture. This immediately became the hangout venue for   artist, musicians, and actors where they expressed their individuality. The Factory also served as a working place where he produced most his masterpieces in art and film (Andy Warhol Biography).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the 70’s amd 80’s, Warhol had expanded his empire beyond mere art making. He was in the center of a corporation that produced films, books, plays, and was involved with television (Andy Warhol). He founded inter/VIEW magazine. He also created two cable television shows, â€Å"Andy Warhol’s TV† and â€Å"Andy Warhol’s Fifteen Minutes† for MTV . More so, Warhol had several collaborations with younger artists such as Jean-Michel Basquiat, Francesco Clemente and Keith Haring (Cribbs Andy Warhol: Biography). In his book The Philosophy of Andy Warhol he wrote: â€Å"Business art is the step that comes after Art. I started as a commercial artist, and I want to finish as a business artist. After I did the thing called ‘art’ or whatever it’s called, I went into business art. I wanted to be an Art Businessman or a Business Artist. Being good in business in the most fascinating kind of art† (Andy Warhol).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Andy Warhol died after a gall bladder surgery on February 22, 1987. His funeral was attended by his friends, colleagues and more than   2, 000 fans at St. Patrick’s Cathedral in New York (Cribbs Andy Warhol: Biography) .   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Warhol made a huge contribution in art history. His eccentric personality brought him to beyond levels of stardom. He constantly shook the art industry with his controversial art works that were considered avant-garde during that era. Warhol’s personality have been subjected to several suspicions. His concepts and interpretations gave an impression that he was a homosexual. According to Wayne Koestenbaum’s psychoanalytical interpretation, everything was sexual for Warhol, who was †as gay as you can get† and he also said that â€Å"Warhol’s major artistic contribution was reinterpreting the worth of cultural waste products† (Andy Warhol). Many would think that Warhol is not a true blooded artist because mainly for the fact that he was driven by monetary ambition and even came to the point where he became obsessed in being rich and famous. But he proved that business can be mixed with art making. He utilized the best of both worlds, which are the corporate world and the art world. In a but shell, he merged art, wealth and fame producing the Pop Artist Andy Warhol (Andy Warhol Biography). Works Cited â€Å" Andy Warhol Biography.† ArtQuotes.net. 28 February 2008   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   . â€Å"Andy Warhol.† 2000. Books and Writers. 28 February 2008   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   . Cribss, Martin. â€Å" Andy Warhol: Biography.† 2002. The Andy Warhol Foundation for the   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Visual Arts.   28 February 2008 . Wrenn, Mike. Andy Warhol: In His Own Words. Omnibus Press, 1992.