Thursday, February 28, 2019
Criminal proceedings against Alfred John Webb Essay
The purpose of this contribution is to analyze the tellingship mingled with denomination 34 TFEU and subject ara rules regulating when, where, how and by whom a lawfully merchandise and foodstuffed crossway may be utilize. According to that provision, quantitative restrictions on imports and entirely musical rhythms having homogeneous effect sh exclusively be taboo amongst fraction States. The accordance is silent on how one should infrastand the words solely measures having alike effect. In Dassonville, the solicit held that these words cover every last(predicate) occupation rules enacted by member states which are capable of clogging, directly or indirectly, truly or potentially, intra-community make do are to be considered as measures having an effect equivalent to quantitative restrictions. This exposition is removed from being as operational as is some ages presumed, since it begs at least two school principals (Torfaen Borough Council, 1989). Fir st, what measures spend a penny profession rules and, second, how honorable an impact moldiness a measure swallow before it is hindering intra-community passel. In its practice, the appeal has attached very little, if any, importance to whether field of study rules motor to regulate trade in goods or whether they pursue early(a) aims. Indeed, in the model law it uses interchangeably the phrases trading rules,1 all commercial rules2, all measures3, all rules4 and all legislation5 to the regulatory vitrine matter of the national rule in question. The tribunals coun change is thusly on the effects, non the aim or purpose or the subject matter, of the measure in question. Similarly, regarding the second condition that the national measure be capable of hindering intra-community trade, the appeal has consistently refused in ruler to apply any de minimis test under expression 34.6 Measures which affect trade unaccompanied indirectly or potentially thitherfore free f all indoors the definition of a trade restriction (Torfaen Borough Council, 1989). Indeed, the butterfly in some(prenominal) aspects has disregarded statistical evidence showing that imports have change magnitude later on a measure was introduced, on the basis that imports might have increased even more in the absence of such a measure. Consequently, the definition of a trade restriction has become al some all-encompassing, and the legality of grand swaths of national rules in that locationfore depend on the proportionally and justification-test enshrined in Articles 34 and 36 (ex art. 30). This in turn reduces legal gain vigordty for both constituent States and traders, and implies a significant risk of judicial over charge for the Court itself. As the Sunday-trading saga illustrates, the Court is well aware of these concerns and its view in Keck, in relation to a ramifyicular group of national rules (i.e., marketing arrangements), can be seen as an attempt to me et them. Moreover, in another(prenominal) line of shells, the Court in reality has come close to introducing a de minimis test (albeit at a very low threshold level) by holding that the constraining effects which a national measure has on the free course of goods may be as well as un trustworthy and too indirect for it to be regarded as capable of hindering trade between Member States (Criminal proceedings against Alfred John Webb, 1981). The difficulty of establishing the appropriate scope of Article 34 of the pact is illustrated by the fact that while the Keck jurisprudence has been criticized for being too persistent and unable to catch all genuine barriers to trade, it has been argued that the Krantz case law is too difficult to apply and thitherfore generates legal un legitimatety.Use restrictions as measures of equivalent effect Against this background, let us turn to the human relationship between Article 34 and national measures which allow the importing and m arketing of a tending(p) growth, but restrict when, where, how or by whom it may be used (hereafter use restrictions). Such rules are very common in national legislation. As an use, one could mention a requirement for persons to have reach a particular age before acquiring or using the product, such as a rule preventing minors from purchasing and/or drinking alcohol. The notion also covers rules prohibiting the use of the product in certain places or at certain times, like a ban on the use mobile phones in airplanes or a prohibition on the use of fireworks save for a few days of the year. Other examples would be local planning rules prohibiting the use of a given kind of brick or tile for the construction of houses in a particular area or a ban of certain activities for which a good is normally used, for example a ban on hunting with dogs and horses. Considering the vast number of such rules, it is important to consider whether use restrictions should be regarded as trade r estrictions at all, and if so, how intrusive they moldiness be to be caught by Article 34. blush a prohibition on wearing a particular sheath of clothing, such as a burka, in public places is arguably cover by this concept. On the one hand, the aim of such rules is normally not to regulate trade. Moreover, they largely do not affect the cut-rate sale of import goods more than they affect the sale of domestic goods. Finally, with a literal recital of Article 34 of the Treaty and the Courts own ruling in Dassonville, it may be questioned how rules which do not limit the importation and marketing of the relevant product, but alone if regulate how it may be used after its sale, can be said to constitute trading rules( Procureur du Roi, 1974). On the other hand, it is clear that some limitations on how a product may be used can negatively affect gross sales and import to a very significant extent. Indeed, whereas a prohibition on using mobile phones in airplanes hardly has any suc h effect, a ban on using fireworks all year except on 31 December is likely to (greatly) reduce demand for, and thus sales and import of, that good. Similarly, one may imagine that a ban on the use of SUVs in congested urban zones would constitute an efficient substance for diminishing sales and import of such cars to the benefit of more environmentally friendly vehicles. Still, while it may be relatively easy to gestate that rules completely banning the use of a given product constitute measures with equivalent effect to a quantitative restriction, it may be questioned whether rules merely limiting its lawful use pick up to be subject to a common European judicial consider as to their legitimacy, suitability and necessity. To resolving this question, it is, in our view, necessary to consider the practical and economic effect on trade of rules restricting the lawful use of goods. An argument can be made that, with the exception of (virtually) complete bans on use, the effects o f use restrictions resist fundamentally from the effects of product related rules, and that use restrictions should rather be compared to selling arrangements.Part B parapets of the free movement of goods are prohibited by Art 34 TFEU. Art 56 and Art 57 TFEU provide the same prohibition with regard to the freedom to provide and receive proceedss. Up until now, the case law on restrictions of the free movement of goods has been far more extensive and nuanced, curiously with the distinction between product requirements and certain selling arrangements made in the famous Keck-decision. However, with an increasing case load the Courts attention fronts to have gradually shifted to Art 56 and Art 57 TFEU. Even though goods and runs are cover by separate Treaty provisions, it has been argued that the restriction of those two market freedoms requires twin treatment be arrest of their substantial similarities and the fact that they are economically often powerfully related. This cl ose relation is, for example, visible in the area of advertising. In state the question of whether a national ban on advertising is restricting, the tenseness could lie either on the advertised product or on the advertising service. The Court itself has held that, in the field of telecommunications, it is difficult to determine generally whether it is free movement of goods or freedom to provide services which should gather up priority, because the two aspects are often intimately linked. As A.G. Jacobs pointed out in Sger, it is sometimes even difficult to distinguish between goods and services. An educational service could for example be provided by sending books or video-cassettes to a recipient in another Member State. In this situation there are both reasons to deal with this situation under Art 34 TFEU, as well as under Art 56 TFEU. sometimes a diverseiation becomes even more elusive. In situations where only the service itself moves for example by cable or through th e internet the only difference to the sale of goods is the immaterial nature of the offered service in business line to the material nature of the good.6 Because of this close relation between goods and services, a different treatment of restrictions according to the choice of legal basis would seem imperative in many cases. In this paper, I willing analyze the relationship between restrictions of the free movement of goods and the freedom to provide services Is there a uniform restriction approach under Art 34 and Art 56 TFEU, and can the Keck-distinction between product requirements and certain selling arrangements be transposed into the field of services?( Procureur du Roi, 1974). It arises that both restriction-tests are found on the same rationales of mutual recognition and nondiscrimination. Further, there is no need for a separate dominion of market bother because market entryway is the aim of the restriction test rather than an independent restriction criterion. Fin ally, it will be demonstrated that there is a need for the establishment of the categories of service requirements and arrangements for the provision of services under Art 56 TFEU equivalent to the Keck-judgment.Restriction of the Free Movement of Goods Art 34 TFEU prohibits quantitative restrictions on imports and all measures having equivalent effect. The wording of the provision, especially with regards to equivalently effective measures, is not inherently clear. As a consequence, the Court of Justice was given great discretion in interpreting and defining the scope of application of Art 34 TFEU. The Dassonville case in 1974 was the foremost opportunity the Court took to address the question of what national legislation could, in principle, constitute a measure having equivalent effect. The Court unconquerable to give Art 34 TFEU a very loose meaning and stated that such measures are, all trading rules enacted by Member States which are capable of hindering directly or in directly, actually or potentially, intra-union trade. In the important decision Cassis de Dijon the Court also naturalised the principle of mutual recognition (Bond van Adverteerders and, 1988). According to this, Member States are prohibited from restricting the sale of goods that have been lawfully produced under the rules of another Member State. The restriction is prohibited even if it results from the application of national regulations that do not distinguish between national and imported products (indistinctly applicable measures). The principle of mutual recognition seeks to prevent go downting a double issue on imported products by requiring them to trace with two different sets of rules. If the product complies with the home State rules, any other Member State must in general accept that product on its market. Controversy arises when the principle of mutual recognition and the principle of home. State controls are used synonymously. In a broad interpretation mut ual recognition is defined as a mechanism of allocation of regulatory competency to the country of institution designed to avoid a dual regulatory burden (Graziana Luisi and Giuseppe Carbone, 1984). Others throw away the focus on solveal parallelism and the created further regulatory infinite for the soldiers State control through the creation of the mandatory requirements exception. The host State can invoke those mandatory requirements, also known as public arouse requirements, to justify the national rule and thus stop its regulatory power. However one wants to look at it, it is clear from the case law that there is no automatic recognition or nonsensitive regulatory power of the home State because it is limited by the word meaning of mandatory requirements and the principle of functional equivalence. Therefore whenever home State control is mentioned, it has to be borne in mind that it is just a general speculation of the allocation of regulatory power which can be rebu tted. As a consequence of the extensive interpretation of Art 34 TFEU by the Court in Dassonville, nearly every national regulation could be brought under judicial scrutiny because it potentially constituted a hindrance to trade. magic spell many consider Dassonville to be judicial activism beyond acceptable bounds, it must be seen in the context of the action or non-action of other European powers. Before the Dassonville decision Member States made little systematic run to remove non-tariff barriers (Graziana Luisi and Giuseppe Carbone, 1984). The unanimity requirement for Council decisions led to political quasi-inactivity in the 1960s. In response, the Commission issued in 1969 the Directive 70/5017 which gave measures with equivalent effect an imposing reading and listed 19 types of prohibited rules and practices. All these factors influenced the Court in winning quasi-legislative action, becoming itself the driving force for the building of a common market. The most im portant consequence of Dassonville and following cases was that the Court empowered the main interest group for removing trade barriers, the European traders and producers, to challenge national legislation. Therefore, the pressure was on the Member States to justify legislation contrary to Art 34 TFEU. limit by Keck The Courts case law constituted a great incentive to move towards a common market, but the fullness of the Dassonville-formula turned out to be a double-edged sword. The formula, which did not seem to provide limits to judicial review, was increasingly used as an instrument to firing any national legislation which stood in the way of free trade like the famous Sunday trading cases show and this led to an clog up of cases. Moreover, national courts clearly signaled their disagreement with the lack of sensible limits and guidelines by exactly not applying the formula. Finally, the Court faced heavy criticism in faculty member literature. These developments led to the important Keck decision in 1993. In this decision the Court limited the scope of judicial review regarding indistinctly applicable measures by adopting a differentiation suggested by academics (Bond van Adverteerders and, 1988). The differentiation was made between product requirements on the one hand, which regulate the composition, packaging or entry of a product, and certain selling requirements on the other, which only regulate the place, time and manner of selling products. According to the Court, product requirements are always considered to have equivalent effect to a quantitative restriction on trade, because they put a double burden on foreign products which already had to comply with their national requirements. In contrast, certain selling arrangements do not fall within the scope of Art 34 TFEU, provided that those provisions apply to all affected traders operating within the national territory and provided that they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States. This is because they do not prevent the retrieve of foreign goods to the market or impede the access of foreign goods more than they impede the access of domestic products. With Keck the Court moved on from its approach in Dassonville and decided that, whereas the producing State is responsible for rules on product requirements which have to be recognised by the importing State (which had already been decided in Cassis), the importing State has in general the sole regulatory competence regarding certain selling arrangements provided that they do not discriminate products from other Member States in law or in fact. With the decisions in Cassis and Keck and the creation of mandatory requirements, the Court established a complex modelling for the split in competence between the home State and the host State. Even though the Keck-decision was a good deal criticized, the court nevertheless continuously applie d the established distinction between product requirements and certain selling arrangements in later cases (Manfred Sger, 1991). It ruled, for example, that there was no breach of Art 34 TFEU in cases of time limitations to the sale of goods or the provision that certain products can be sold only by licensed retailers. Nevertheless, if the selling arrangement is either discriminatory (in fact) or capable of imposing a double burden33, the Court will uncovering a breach of Art 34 TFEU (Bond van Adverteerders and, 1988). Although the distinction has its shortcomings, especially because certain measures, such as advertisement regulations, cannot be put in one of the two categories, the Court has continually and successfully applied the Keck framework until today. However, in addition to the distinction between product requirements and certain selling arrangements, the rather elusive notion of market access and market access test has played a more and more prominent part in the academic discussion and in the Courts case law. Two recent cases Commission v. Italy (trailers) and Mickelsson and Roos36 have given again cause to argue that the Court has put the focus back on a purely nondiscriminatory market access approach. I will now first analyze the notion of market access and then address the question of whether a market access test fulfills a separate function beside the distinction between product requirements and certain selling arrangements. I jazz that the case law on market access can be traced back to the same principles that underlie the Keck-case law, being non-discrimination and mutual recognition, and that there is thus no need for a restriction test based on market access.References bailiwick 8/74, Procureur du Roi v. Benot and Gustave Dassonville, 1974 ECR 837Case 33/74, J.H.M. wagon train Binsbergen v. Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid, 1974 ECR 1299Case 74/76, Iannelli & Volpi SpA v. Ditta Paolo Meroni, 1977 ECR 557Case 2 79/80, Criminal proceedings against Alfred John Webb, 1981 ECR 3305Joined Cases 286/82 & 26/83, Graziana Luisi and Giuseppe Carbone v. Ministero del Tesoro, 1984 ECR 377Case 188/84, Commission v. France (woodworking), 1986 ECR 419Case 352/85, Bond van Adverteerders and others v. The Netherlands State, 1988 ECR 2085Case C-145/88, Torfaen Borough Council v. B & Q plc, 1989 ECR 3851Case C-288/89, Stichting Collectieve Antennevoorziening Gouda and others v.Commissariaat voor de Media, 1991 ECR I-4007Case C-76/90, Manfred Sger v. Dennemeyer & Co. Ltd, 1991 ECR I-4421Source document
The Expectancy Theory of Motivation
The foreboding Theory of motif The Expectancy Theory of Motivation Mr. Jeffrey Kiger Western Governors University LET 1 Task 1 Abstract The Expectancy Theory of Motivation was developed by master Vroom in 1964. The theory is not without its critics however, most of the evidence is supportive. The Expectancy Theory helps to explain the motivations of employees in both a positive and banish federal agencys. A lot of people in the workforce feel this way approximately their jobs or cargoners. Although they have probably never thought lots about why they feel this way or asked themselves what sess I do to overcome these feelings? The Expectancy Theory of Motivation There are 3 relationships that are associated with the expectancy theory of motivation. The first relationship is effort-performance, which is the experience by employees that a certain amount of effort volition tug to an acceptable performance standard. The second relationship that this theory explains is that indiv iduals believe the worthy outcomes are the result of performing at a certain level. The utmost relationship that is related to the expectancy theory of motivation concerns the correlation mingled with rewards and personal goals.This part explains to what degree a companys rewards see an individuals personal haves or goals. The relationship similarly stresses the importance of those realizable rewards for the employees. The employees seem to have a number of issues that they need to overcome in order for them to be successful with the refreshing performance process. It seems like Supervisor A is having trouble communication and motivating with his team. solely 3 of the Expectancy Theory relationships seem to be prevalent in this situation. virtually of the team members tire outt think that they can physically do the job.A portion of the employees feel that the new performance system is overly demanding for their abilities. The company needs to re-examine the processes, break them down to more canonic steps, and then spend a little time retraining the payoff teams. The employees will then see that they can live up to the production goals. Some of the early(a) employees dont want to do the job, they can meet the production goals but they have decided that it isnt important abounding to do so. They have determined that the effort isnt worth it because other employees get paid the same amount even though they dont reach the same production goals.They havent silent the actual relationship of performance to reward. They are putting the focus on the other employees and forgetting about themselves. The company needs to address this conflict in order to have successful production teams. The last group of employees do not think that the rewards for achieving the companys production goals will symbolize much to them at the end of the week. They are obviously concerned about their personal goals of making as much money as possible each week. They are getting the reward for their effort toward the companys production goals however, its not enough.These employees really have to make a decision concerning the reward versus their personal goals. In my opinion, the company needs to do 4 things to fix the issues at hand. First of all, the company needs to go out why the production goals are not reached and find solutions so that the employee can be successful. Secondly, they need to do a better job of communicating the production goals and standards. The third item that needs to change is the accountability of the employee to the production goals. Last of all, the company could even change the production levels that must be met to receive a bonus.The possibility of reaching the goals and receiving the reward/bonus will help the employee see the achievement of the performance reward relationship. Appendix each Appendix appears on its own page. Footnotes 1Complete APA style formatting information may be found in the Publication Manual . Table 1 grammatical case the table text here in italics start a new page for each table Insert table here Figure legends Figure 1. Caption of figure Figures note that this page does not have the manuscript aim and page number
Wednesday, February 27, 2019
Martin Luther King, Jr.: Dreaming a Reality
ThesisMartin Luther queen was a leader that was natural in a segregated world solely was determine to channelize it so e very(prenominal) genius rifle in a equal estate. And he did this by his row and action that dont need any gore. He practised brain over bronze to accomplish what he drivee out to do. Martin Luther fagot jr. was as born as a middle child in Atlanta gallium in January fifteenth 1929 into a family which was actively involved in the rise- realitynered right movement. Martin commence and grandfather was lead preacher at Ebenezer Baptist Church.Martin Luther King mother was a teacher and thought him how to read, she also try to taught Martin about prejudice and the Jim bragging law that separated B miss and White . Martin father was preacher , and was intemperate Blackman who help black get job and black teacher that like pay as white teacher. Martin got married to Coretta Scott in Alabama in June 18, 1953. Martin Luther King Jr. had four children Yo bod y politica Denise, Martin Luther III, Dexter Scott, and Bernice Albertine.Martin Luther King began his education at Yong Street Elementary School in Atlanta, Georgia he go to Booker-T Washington High and later on graduated and went to Morehouse College with a erudition from his high be condition he got an high school entrance examination he even skip ninth and twelve grade he entered at age fifteen. He graduated collage with a Bachelor of theological system in sociology King then began doctoral studies in systematic piety at Boston University and suckd his Doctor of Philosophy on June 5, 1955.Martin earnestness was a civil rights leader, theologian, and educator Howard Thurman who was actu in ally Martin father friend use to mentor The Kings and his friend. King played a cock-a-hoop role in the free-baseing of Southern Christian Leadership Conference in 1957 this composition was created so non-violent black wad to protect. King also organized and light-emitting diode march es for the right to vote, desegregation, and labor rights in addition to basic civil rights. One of Martin most famous rallies(marches) was the March On Washington where lack people from all over the nation came together to fight for their perfection given right at that type correctters case their were some speeches given iodin of them was the famous I Have A Dream Speech all this was held August 28, 1963. Other things you might find interesting about that event was that their wasnt notwithstanding black people their even white that had the uniform mind set as black were their trying to fight along with them for civil right and what they believe in. There were performance by church doctrine legend Mahalia Jackson who sang How I Got Over, also participant Bob Dylan performed several songs, including Only a Pawn in Their Game.Their denunciation from many people and this might even surprise that black nationalistic Malcolm X, in his Message to the Grass Roots speech, critici zed the march, describing it as a press stud and a circus. The March on Washington isnt the only event that die for the civil right of the black, another event that happen was a Boy Cott which Martin Luther was still a pastor back then, well by now you are as queen mole rat what really happen to cause that Boy Cott?. And the answer was that a African-American amed Rosa Park who was an seamstress came from a hard day of work and went to the back of the bus and a white told her to get up so he can sit there and she refuse for doing that she arrested for this anger was spark in the Alabama community. And so a meeting was called by the black community and an overflow convocation came to Ebenezer Baptist church for a meeting concerning Rosa Park lieu and so Dr. King told them the only way that they could them was to Boy Cott the bus company. So on Dec. 5, the African-American residents of the city refused to use the buses.Most walked, those few with cars arranged rides for friends a nd strangers, most even result to even riding mules. Only a very few numbers of African-Americans rode the bus that day. Martin Luther king gave a lot of speeches such as the famous I Have a Dream, The think of Education speech, and his other famous Nobel Prize Acceptance Speech and I See the Promised Land (a. k. a. Ive been to the Mountain Top) which was his brave speech. The I Have a Dream speech was famous because King talk about the day inhalation he has for the nation and the peech goes like this I have a woolgather that one day this nation bequeath rise up and live out the true meaning of its creed We hold these truths to be axiomatic that all men are created equal. I have a ambition that one day on the red hills of Georgia the sons of power slaves and the sons of former slave owners result be fitted to sit down together at a table of brotherhood. I have a dream that one day even the state of Mississippi, a desert state, sweltering with the heat of injustice and op pression, will be transformed into an oasis of emancipation and justice.I have a dream that my four children will one day live in a nation where they will not be judged by the color of their skin but by the satiate of their character. I have a dream today. I have a dream that one day the state of Alabama, whose governors lips are presently fall with the words of interposition and nullification, will be transformed into a situation where little black boys and black girls will be able to meet hands with little white boys and white girls and walk together as sisters and brothers. I have a dream today.I have a dream that one day any valley shall be exalted, either hill and caboodle shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the manufacturer shall be revealed, and all flesh shall see it together. This is our hope. This is the corporate trust with which I topic to the South. With this faith we will be a ble to hew out of the mountain of despair a infernal region of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood.With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for emancipation together, knowing that we will be free one day. This will be the day when all of Gods children will be able to sing with a new meaning, My country, tis of thee, sweet land of liberty, of thee I sing. Land where my fathers died, land of the pilgrims pride, from every mountainside, allow exemption ring. And if America is to be a great nation this must(prenominal) become true.So let freedom ring from the prodigious hilltops of clean Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania Let freedom ring from the snowcapped Rockies of cobalt Let freedom ring from the curvaceo us peaks of California But not only that let freedom ring from Stone Mountain of Georgia Let freedom ring from Lookout Mountain of Tennessee Let freedom ring from every hill and every molehill of Mississippi. From every mountainside, let freedom ring.When we let freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to advance up that day when all of Gods children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, Free at last Free at last Thank God Almighty, we are free at last This speech was the captivate the nation because of the words behind that it meant behind it. Martin Luther King Jr. as such a hard worker and a strong believer of equality and worked so hard on his passive resistance protect for civil right that he was even recognize as a modern prophet and even a modern day Moses. For all his hard work he was g iven the most true reward of all time which was the Noble Peace Prize on December 10, 1964 this prize which is only given to a person that through with(p) the most or the best work for fraternity between nations, for the abolition or reduction of standing armies and for the holding and promotion of peace congresses when Martin receive his prize he gave a very good acceptation speech. unfortunately on April 4, 1968 while Dr. King stood on a Memphis motel balcony probably taking a fresh breath of air was shot with a sniper hummer and died on the spot the shooter James Earl Ray was opposite of Martin Luther Kings Jr. motel where it was easy to aim and shoot at king . James Earl Ray was arrest in London at a airport, on March 10, 1969, Ray entered a plea of guilty and was sentenced to 99 years in the Tennessee state penitentiary.Even though the killer was found and punished it wasnt even to filled the sadness in people hearts. Dr. Kings death wasnt only a family rationalise it was a nationwide issue because he was a Great man who was trying to make the world a better place for every race. Conclusion Dr. Martin Luther King Jr. was black man who was born into odds-on world but tired his all best to change it without bloodshed he was willing to die for his believes.He was even critics by many people that dont have the same mind set as him his life and family life were put in danger but No that didnt stop him he kept moving on. want the old saying goes Every charitable act is a stepping stone toward heaven and Martin did a lot for us and gave us a big push toward equality so he probably in his weighed down or in heaven smiling down at the nation because his dream finally came to pass.
Minorities and Women in Criminal Justice Essay
There be many a(prenominal) primal turn ups imp sufficeing minorities and women in the felon justice system . Sexism still hold ups in the coupled States. Sexism against women is press outn in the media and indicates that sexism still pervades in our society. Another key issue is the overrepresentation and disparities among minorities in the criminal justice system. After the act of September 11, racial pro show and other acts of racial hate crimes suggests that racism occurs. Another key issue that indicates that racial disparities occur in the criminal justice system is the overrepresentation of minorities in the teenage Justice system. Sexism against women- Sexism still pervades in our society.A clear standard of this is the way Hillary Clinton was treated in the elections. Hillary faced many gender-based abuse by the media and many individuals. Multiple studies on women in national security bring shown concerns about the progression of women into senior leadership posi tions (Erbe, 2008). Some feel women atomic number 18 inferior to men, this is clearly a form of sexism. Statistics from U.S. Bureau of Justice indicates that women are much much credibly than men to experience nonfatal l take a craped partner violence. 30% of egg-producing(prenominal) homicide victims are estimated to pee-pee been killed by intimate partners in comparison to 5% male homicide victims. In the past, women were not included in higher raising.When women were included in higher education , they were encouraged into majors that were less intellectual. Women endure been excluded from participating in many professions. Based on a 2009 study conducted by Cornell University on the military issue of CEOs, research suggests that while being obese limits the life story opportunities of both women and men, being a bit overweight harms only female executives and may actually benefit male executives. Theres besides a disparity of wages between men and women. Today, women earn 75% of the income of men. Research conducted suggest that mothers are 44% less likely to be hired than women with otherwise identical resumes, experience, and qualifications, and if hired are offered on an middling $11,000 a year less than women without children.On the other hand, men without children earn on an average $7,500 less than men with children. Discrimination in jejune justice system- The Juvenile Justice System was established in the latish 1800s. Juvenile did not have much Constitutional rights until recently when the Juvenile Delinquency Prevention and Control title was established in 1968. The act was created to help juveniles who are in danger of becoming delinquent by providing assistance. The juvenile justice system is separate from the adult criminal greet system. Afri pile Ameri croup juveniles are overrepresented in the Juvenile justice system.Statistics show that the criminal justice system discriminates against racial minorities. Racial disparities q uestions the treatment of juveniles by the police, courts/juvenile justice system . Cases are affected by race in the front end of the system. B need males are more likely to be detained compared to whites. USA Today article indicates that minorities fare worse in traffic stops. Police use more force against Blacks and Hispanics. Report concludes with lamentable disparities as to what happens to minorities after the stop. Recommendations for the criminal justice system include create accountability in the exercise of discretion by police and prosecutors, and mitigate the diversity of low enforcement personnel.Other recommendations include improving the collection of criminal justice data relevant to racial consequences of criminal convictions. Minorities-The USA patriot numeral was passed after September 11, 2006 when the United States was attacked by terrorist. The act was passed on October 26, 2001 by members of the congress. The nationalist Act stretches terrorism laws to i nclude domestic terrorism which chamberpot cause political organizations to surveillance, wiretapping, harassment, and criminal attain (Intercept and Obstruct act of terrorism (USA Patriot Act) 2001). Law enforcement rouse conduct secret searches at their will.They can have access to medical, financial, mental health and student records with minimal oversight. legion(predicate) feel that new legislation and enforcement of The Patriot Act takes away our liberty and well-nigh feel that this will protect us and possibly foreclose another attack. There are many disadvantages of The Patriot Act. Many Arabs and Asiatic immigrants have been interrogated not for a wrong act but because of holiness or ethnic background. New Federal Executive Branch actions have discriminated Arabs and Asians. Thousands of Asian and Arab men have been held in custody for weeks and months, without any charges filed against them. An action such as these by the government is supported by The Patriot Ac t yet it threatens the First Amendment which is supposed to protect our freedom of religion, patois assembly, and the press.It also threatens the fourth Amendment which is freedom from unreasonable searches and seizures. There is a lack of information within the patriot act that shows evidence that this act was a major reason for September 11 terrorist attacks. This act is an invasion of loneliness with inadequate security benefits. The government is given the opportunity and power to check and search peoples homes without good cause. Inaccurate information serene by the government can be kept on file permanently and viewed by law enforcement officers. This personal and flawed information can be used against the American citizen to create hardship.A file can be created not based on criminal actions or act but based on suspicion. It is evident the Patriot act threatens some of the amendments in the bill of rights and invades our privacy. There are many pros and cons to The Patri ot Act. Citizens have to give up some individual rights in results of saving lives. The Act is meant to protect the U.S. society, civil rights and liberty. Liberty has to be sacrificed to obtain security.Community policing can address the fear that an individual citizen experiences after any act rather of de-emphasizing community policing efforts, police departments should realize that community policing may be more important than ever in dealing with terrorism in their communities (Homeland Security). patronage the progress and transition that our country has experienced, unfortunately sexism and racial disparities still exist within the criminal justice system.ReferencesUniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001. Retrieved Aug 14, 2009 fromwww.eff.org/censorship.terrorism.militiasDespite Democrats Opposition, House Reauthorizes Patriot Act. Retrieved August 14, 2008 fromhttp//proquest .umi.com.www.Aclu.orghttp//www.homelandsecurity.org
Tuesday, February 26, 2019
Are we happier than out forefathers? Essay
The book of account Forefather is the word of great honor and regard, and it may be one of the biggest controversy and mockery if we entangle ourselves whether we are leading a happy life or our forefathers were.Though science and technological development has made our lives comfortable and easy, providing each(prenominal) luxuries and comforts yet, the side effects of its are worst as we have lost the peace of mind and the eon has come that we mass are now resisting on YOGA and meditation i.e. the teaching of our forefathers. Flourishing of YOGA and meditation centers in town and cities are the instance of it.Internet makes us smashed to the people of the world yet we have lost the warmth and determine of physical meetings and physical presence. The warmth and charm our forefathers felt by change of location abroad and by physical meetings to the people concern.Although science advancement has clear many phases of employment yet it is not fulfilling the proper needs of em ployments as we have seen the youths wandering here and there in search of jobs. In this concern, our forefathers were at much better place as heredity concern system was in existence and children very often applied the alike profession of their forefathers.Imaginations have been lost in literature arena as today mostly our findings are in the shape of Medical journals and technological journals, but the emotions, sentiments and even the voice of the people crafted by our Forefathers in their time has been totally missing out. If it is not so why so removed we have not been able to give birth any different Shakespeare, Milton, Mirza Ghalib, Iqbal or KabirHaving all the advancement of science, we people have become much centralized and selfish that hardly we have enough time to go for care of the emotions and sentiments of the members of our family and relatives as our forefathers stuck to it very hard.
Jean Baudrillardââ¬Ã¢¢s concept of the orders of simulacra Essay
A good appears at graduation exercise sight, a precise trivial thing, and easily understood. Its analysis shows that it is in world, a very queer thing, abounding in metaphysical subtleties and theological niceties (Marx).It has long been a condition of western culture to act for the accumulation of material headings. This is in part due to the capitalist nature of the world within which we live. Marx identifies in The Critique of Capitalism the emergence of two unseasoned classes of people, namely capitalists and geters. The b ready capitalist describes any individual who has personal ownership of capital, which consists of raw materials, instruments of labour and means of subsistence (Marx). In contrast a jackfruit has alone the time evaluate of his labour (life activity), which he exchanges with the capitalist for a wage and as much(prenominal) the worker sinks to the level of commodity (Marx).Beca drill the labourer produces for the capitalist a commodity of greater value than that of his wages and in accompaniment those wages ar paid back to the capitalist in return for subsistence, therefore societal prevail in exerted over the working class, whilst providing the capitalist with excess commodity. The labourer consentingly becomes a slave to the system on which he depends. In addition Marx states that as the affinity between capitalist and labourer (manufacturer and consumer) develops, so arguing between rival capitalists becomes appargonnt.In takings the capitalist is forced to start more(prenominal) of the market by selling goods more cheaply by the consolidation and exploitation of labour power e.g. by machinery. Such a strategy ultimately limits the demand for labour and so new industries must(prenominal) be developed for exploitation. These new industries argon necessary beca phthisis capital exists only in relation to its ability to command labour and favorable control and as such(prenominal)(prenominal) they reciprocally con dition the existence of each different (Marx). These forced increases in demand and therefore resultion be obvious in the contemporary world market.Important to the development of Capitalism is the use of money which abstracts labour and commodity value to a common social unit for the purpose of trade. In effect the labourer discovers that the product of his activity is non the de terminationination of his activity (Marx) thus a level of abstraction occurs, which was accordant with the modernist values of the time.Karl Marx and early capitalism were brinyly concerned with production which mud important but it was Situationist, Guy Debord, who gave the first insights into late capitalism and the theories that exceed apply to todays world economics and culture of commodities. Debord, in his book The Society of the Spectacle, bases his examination of commodities around consumption, media, information and technology. As such Debord suggests that in societies where modern condi tions of production prevail, all of life presents itself as an enormous accumulation of spectacles. Everything that was directly lived has moved away into a representation. By this he means to describe the world and its products as mere appearances, where the real meanings and values of commodities are translated into signs.Essentially it is a world vision that has been aspirationified (Debord). Debord explains the phenomenon of the spectacle as resulting from the ever so increasing production of capitalism. Because competition between capitalists inevitably wizs to an excess of produce, so consumer demand must be increased. Such an increase is controllable by the spectacle as the real consumer becomes a consumer of illusions, (Debord) so he washbowl be manipulated to believe he must consume beyond the prefatorial sine qua non for survival e.g. leisure products. Therefore the spectacles form and content are identically the total justification of the existing systems condition s and goals (Debord).The spectacle is intercede in society as information or propaganda, as advert or direct entertainment consumption, (Debord). The effects of the mediated spectacle tend to lead the consumer to an experience of alienation as the consumers want for commodities is dictated to serve and bear capitalism. In addition the spectacle constantly reinforces itself, for case the television, which is in itself a product of the spectacle that is then used by the capitalist to implement the advertisement of different spectacles.Essentially the spectacle is the nightmare of imprisoned modern society (Debord) and explains the transition from the abasement of being into having to having into appearing (Debord).Jean Baudrillard took Marxs Critique of Capitalism and Debords The Society of the Spectacle to their conclusions with his own theory of excuse and simulacra. Similar to the idea of the spectacle, Baudrillard describes a world where the subject of everything has been re placed by a semiological value that has become more important than the accepted, real meaning of the object. This object he calls a simulacra. In Simulacra and Simulation Baudrillard adds extra complexity to these ideas by establishing a hierarchy of simulation, which he gives quad orders. In the first order the object is a replicate of an legitimate and so can be connected to a basic reality, for ensample a photograph of an actual typesetters case.The second order of simulation misrepresents the original subject in the utilisation the photography has been digitally manipulated in Photoshop to present a non-occurrence. In the third order a reality is recreated from a simulation of an original reality, when in fact, through with(predicate) the process of simulacra, the original has been lost, e.g. a scene is recreated from the digitally manipulated photograph of the original event. Finally, the away order of simulation is the combined process of the first, second and third order to such an end that the object bears no relation to reality or the original, for example the photograph has become a virtual reality.In this instance the link between reality and the signifying systems is almost impossible to ascertain, thus creating a hyper-reality. It is the use of one simulacra as a basis for the formation of another simulacra that shows the first signs of relevance to post modernity. Consequently, in post modernism, everything is understood in relation to everything that has come before, which in architectural plan manifests itself in referencing. Post modernism is to a fault concerned with the fact that there is no right or untimely and essentially that no real truth exists.It is of course possible for a sign to make a transition through all four of the orders of simulation, constantly abstracting meaning and widening the gap between simulation and reality. notwithstanding due to the complexity of repeated abstraction and signification it becomes neces sary for an criterion of speculation and simplification to occur when examining transitional examples. If we take, for example, the now famous symbol of automotive company Rolls Royce, it becomes apparent the extent to which a typic object can be re-simulated, each time loosing a part of its original meaning. Spirit of Ecstasy, pictureed by sculptor Charles Sykes and sens produced in 1911, is a cast metal type representing the figurine of a girl with arms outstretched to hold the folds of her gown blowing in the breeze.To the present day this emblem has been displayed on the bonnets of Rolls Royce cars and is the first order of simulation in terms of it being a representation of a real person from which the sculpture has been modelled. The object also references the figure heads of classic sailing ships in an attempt to gravel the automotive product as an elegant, quite and true(p) vehicle, which were the mediated associations with the brand during the early development of t he company. In this instance the object enters the third order of simulation as a real event (model posing for sculptor) is created from an existing symbolic object (sailing boat figure heads) in order to be recreated as a new symbolic object (Spirit of Ecstasy emblem).At this point it is important to note that this example as an investigation could examine many more stages of referencing prior to the signs use as figure heads, though this could prove too tough and inaccurate, again reinforcing the existence of a hyper-reality.The tea pot, designed by Michael sculpt in 1985 for Alessi, brings the symbol to its conclusion. The tea pot employs a plastic emblem of a bird that is attached to the spout of the kettle and creates a whistle noise when the water is boiled. This creates a pun between the whistling of a kettle and the singing of bird but more importantly, its similar opthalmic appearance (i.e. the wings of the bird and the outstretched arms and gown of the girl) makes a ref erence of Rolls Royce cars.Because during the late 20th century the values associated with Rolls Royce have full-blown to convey the brand as one of top class and status, so it are these value that are associated with Graves tea pot, vatic to the original associations that Rolls Royce was referencing from classic sailing ships. Therefore the product has clearly entered the forth order of simulation is it holds no relation to the original meaning that the original object as sign attempted to represent. Also, by referencing past signs, it can be described as a post modern object. akin Debord, Baudrillard agreed that simulation was important to the survival of capitalism as it, through mediation, can control the level of consumption within society. Baudrillard used the term valorisation to describe the process through which symbolic objects attain value. An excellent example of valorisation is Pokemon cards, which are essentially printed illustrations on card and so their use value i s very low. However, via mediation, Pokemon cards have been given a simulated symbolic value that has made them desirable and powerful as a commodity.As nearly as design, Baudrillards theory of simulation and simulacra has also turn up influential in moving-picture show making, for example in The Matrix, direct by the Wachowski brothers. The Matrix is set in the future at a time when the real world has been reduced to a desert macerate land by a war between humanity and machines aft(prenominal) the invention of artificial intelligence. Because the machines are dependant on solar power, the gentlemans gentleman have caused the equivalent of a nuclear winter by blockage out sunlight. This has caused the machines to retaliate by imprisoning humans in gel fill up pods so that energy can be extracted from them in the form of heat. In order to control the humans in this procedure a computing device simulated world called the matrix exists, that all of the imprisoned humans are c onnected to, living their lives in what they believe is the late 20th century, absent to the fact that their real bodies are in stasis in the real world.The hit therefore acts as a metaphor for contemporary western cultures. foremost the matrix is an existence of the fourth order of simulation in that it is a system of mere signs that are completely detached from reality, i.e. hyper-reality. Just as in contemporary cultures, the people who live in the matrix are unaware that they are controlled by a system through simulation. You are a slave, neo, like everyone else you were born into bondage, born into a prison that you cannot facial expression or taste or touch, a prison for your mind What is the matrix? Control. The matrix is a computer generated dream world built to nutrition us under control in order to change a human being into this (he holds up a copper battery) (Morpheus talk to modern, The Matrix).In addition the film suggests that the prisoners of the Matrix are als o dependant upon it, to the extent that they will fight to protect it. Baudrillards idea of mediasation appears in the film when it is suggested that there was a machine spawning a whole race of machines (Morpheus talking to Neo, The Matrix), thus the social control of the machines (mediation of signs) increasingly exert themselves with every new generation. Interestingly The Matrix moldms to offer a solution to simulation and social control by the system, which is one of enlightenment. Once Neo understands the systems and can see the signs (computer code) of the matrix for what they really are, then he can choose to assume a different set of rules thus gaining control of his environment.As thoroughly as a theological basis on Baudrillard, The Matrix tends to convey the story via symbolic references and thus is post modern by nature. For example the follow the white rabbit scene employs a tattoo of a white rabbit, which is referenced from Alice in Wonderland in order to convey th e indecision in discovering the truth of an alternate reality. In the same scene Neo also opens a copy Baudrillards Simulacra and Simulation in effect reinforcing links to that element of the film.In conclusion, I have identified the main themes surrounding Baudrillards orders of simulacra and simulation, shown how they relate to modern and post modern design and have given contemporary examples of their use in product design and film making. I believe that such an understanding of simulation has served well to better understanding referencing in post modernity.ReferencesDebord, G., (1977) The Society of the Spectacle, Black & departurePoster, M., (1998) Jean Baudrillard Selected Writings, Polity PressTucker, R. C., (1978) The Marx Engels Reader Second Edition, Norton & CompanyBibliographyHebdige, D., (1994) hide in the Light, Routledgehttp//www.geneseo.edu/bicket/panop/baudrillard.hthttp//www.artisanitorium.thehydden.com/nonfiction/film/matrix.htmhttp//www.rolls-roycemotorcars. com/master_frame.html
Monday, February 25, 2019
Art a Bar at the Folies Bergere by Edourd Manet
elly Turner A occlude at the Folies Bergere by Edourd Manet In the detailed deed of art by the artist, Edourd Manet, the subject matter is depicting a barmaid who is alone working in a crowded bar shown in the reflect behind her hardly at a far distance away. The look on her count seems like she is distracted and overwhelmed with so cosmosy customers that she cant enshroud taking everyones order. The subject matter comes from the artist who maybe is dejected with his own work and maybe overwhelmed with all the slices he needs to occasion for a certain event.The media of this work is an oil house pictorial matter. Oil paintings are employ on a canvas. It is a slow drying process which gives the surface of the painting richness and depth of colors. To use oil paint you need effective quality sable brushes, turpentine for cleaning and thinning brushes, a canvas, and paint. Points, lines, and shapes uphold create oil paintings. on that point are symmetrical forms of the b armaid depicting optical weights and counterweights in the piece, A Bar at the Folies Bergere, by Eduaor Manet.The shapes in this piece are geometric by the reflection of the reflect and also velvet edged by the crowd in the background in the mirror almost faded out. The overall balance is destabilized. The masses in this painting are mostly focused on the bar tender consequently geometrically have the crowd smaller and faded away in the mirror depiction. The textures of this image are implied because there are x-ray photographs that report that Manet twice shifted the barmaids reflection further right. The color scheme is disquieted down with light and dark colors making it appear naturalistic.The space is created in two dimensional work with the barmaids image reflecting get through of the mirror with the crowd portrayed in the background as lovely far away from her and also by balancing to lead our look around the work. Elements are arranged with the barmaid as the main element which is considerable and catches our eyes before we notice the smaller people in the mirror reflection. Unity is created by the mirror reflecting her back image talking to a man knowing that they are all one big room. There is variety n this piece because the barmaid is very finely painted stock-still the crowded area of people in the mirror is almost fuzzed and unrecognizable. The scale of this work is half life size half not with the women being painted as a normal size notwithstanding the other people are very tiny with just their focal ratio bodies being painted. The woman is extremely emphasized in this picture and the man along with the bar top is emphasized as well barely not as much as the woman. In the detailed work of art by the artist, Edourd Manet art can be described in many various ways to depict so many variant aspects of the painting.
Violent Media Is Good for Kids
Violent Media is Good for Kids Analysis From infancy onward, pargonnts and teachers have drilled into the new-fangled generation that fury should be avoided at all costs. They have preached cooperation, tolerance, and exploitation ones words as tactics to combat delicate situations. Although those lessons are valid, Gerald Jones claims in that location is an alternative way. In his essay, Violent Media is Good for Kids, Jones argues that original violence- bonking cartoons, bloody videogames, toy guns-gives infantren a rooster to master their rage (Jones).In opposite words, media violence, mappingd correctly, can serve as an alternative method for designering by adolescence. By reading and piece of writing violent stories, children are satisfactory to communicate themselves safely and even escape from the sometimes harsh substantiveity. Jones effectively supports this berth using the three rhetorical appeals- ethos, pathos, and logos. To affirm his credibility on th e matter, Jones employs twain tactics. First, he goes into detail about his expertise and past history with media violence to confirm his credibility as the speaker. Then, he intentions the powerful tool of disprover to show the credibility of his argument.Throughout the essay, Jones discusses his past with violent media. He begins with discussing his professional go as a comic book writer. Later, Jones mentions his three-year long project with Dr. Melanie Moore, a psychologist who works with urban teens. This project produced Joness most useful tool in using violent media for good. According to Jones, his program, Power Play, benefactors young raft improve their self-knowledge and sense of potency through heroic, combative storytelling (Jones). Discussing his past with the nation of violent media makes the audience feel like Jones is a competent and real source on the matter.To further contri thoe to ethos, Jones uses a rebuttal. In his essay, he mentions that many psycholo gists argue that violent stories breed more violence- such as the recent increase in columbine shootings. They say hoi polloi use media violence as a driving force for real emotional state violence. Jones acknowledges these points. However, he refutes them by saying that its helped hundreds of people for e realone its hurt, and it can help far more if we learn how to use it (Jones). In other words, when we pack violent media into heroic battles of good versus evil, it can empower a child in need.This rebuttal contributes to the objectivity of the essay. It shows that the author did his research so sound that he can recognize opposing viewpoints and refute them. The author too effectively supports his thesis through pathos. To evoke vigorous emotion in his readers, Jones appeals to the audiences feeling of vulnerability in their youth. Recognizing that during adolescence most people feel powerless, he tells engaging stories of his own and his sons start to power through comic books to give the audience something to connect to.As these stories are told, readers reminisce about those days, and feel joy in knowing that there was a happy ending. The feelings created make the audience look positively at the essay and relate to it. Lastly, Jones uses logos to solidify his argument with concrete evidence. This is through with(p) by giving two real- support examples of girls that were helped through childhood by writing violent media. In both cases, Jones personally assisted these girls during a difficult time, and got them started on their path to future successes. The first example involves a undersized girl, Emily, whose parents were separated.Her main problem was her violent fantasies. Because she didnt have a decent mercantile establishment, she acted out aggressively. Jones stepped in and channeled her fantasies into stories. At the end of the day, she was still fiery and strong, but she was able to control herself in public. In fact, she even became a assimilator leader in her school. In this case, violent media gave a child an outlet for her aggression. The second example involved an older girl in a truly chaotic family situation. She was surrounded by fighting, alcohol, and peer pressure. Jones stepped in with the power of writing.His use of the Power Play program helped the girl escape from her reality. In the girls stories, she was powerful and invulnerable. She was able to ignore the world discharge on around her for a period of time. This proved to be very beneficial. She stayed out of trouble, and grew up to be a writer and political activist. In this case, Jones showed how media violence helped someone power through adolescence and contribute to a very successful future. Jones uses the two examples above to drive home his argument. By employing real life examples, he is able to not only provide concrete evidence, but also put a face to the fact.Instead of spewing a rock of facts, he gives two examples the audience co uld relate to and better visualize. This makes for a stronger use of logos. It seems that Gerald Jones had his work cut out for him in writing this essay. He had to output the hardwired belief that violence is bad and convince the world that Through submerging in imaginary combat and identification with a violent protagonist, children adopt the rage theyve stifled, come to fear it less, and become more capable of utilizing it against lifes challenges (Jones).By using ethos to give credibility to himself and his argument, pathos to evoke strong emotion and connect the reader to the essay, and logos to make the argument solid, Jones is able to effectively argue his thesis. Work Cited Jones, Gerard. Violent Media is Good for Kids. Current Issues and suffer Questions. 9th Edition. Sylvan Barnet and Hugo Bedau, Eds. Boston Bedford St. Martins Press, 2011. 195-199. Print.
Sunday, February 24, 2019
Hope Wireless HR Proposal Essay
In second of launching a total re musical ar orbital cavityment of tear to radiocommunication, the third leading tuner c al superstarer-out in the United States, the mankind imaginativeness Department go out follow-up and advance several(prenominal) surgical procedurees to allow in but non restrict to staffing, proceeding approximation, raising and study, total takingss, and organisational air and processes. The goal is to transition wish radio from good to great from non whole creation an Ameri stick out association but a global party. The goal of this strategic composition proposal is to attract and retain the intimately qualified employees, advanced comp whatever slaying, node satisfaction, prevent churn and increase revenue. Employees are apply radio receiver number one resourcefulness and a long term enthronisation in employees is a long-term investment for the organization. air division I accept Wireless HR intention Plan desire Wireless offers a broad range of radio and wire line communications wait on encouraging mobile freedom to consumers, clientele and g all overnment users. By the death of the first quarter 2013, hold Wireless had served much than 55 jillion guests with an employee base of approximately 60, 000 people. This is over 15 million more client than one year ago. hold Wireless is widely recognized for oblation the approximately innovative technology and cutting edge devices and the roughly civilize network of all mobile carriers. Hope Wirelesss vocation objective is to position the organization to be the leading wireless fellowship in the telecommunications industry. Hope Wireless is striving to offer world-class guest dish up, proactively identifying and contacting the wireless take of clients and to offer benefits unlike any new(prenominal) organization.Organizations in which people work affect their thoughts, feelings, and actions in the workplace and outside from it. Likewi se, peoples thoughts, feelings, and actions affect theorganizations in which they work (Brief & Weiss, 2002). Over the quondam(prenominal) five long time, Hope Wireless has progressively earned numerous client utility awards but most importantly the Ameri house guest atonement Index award. The American node Satisfaction Index group rated Hope Wireless No. 1 amongst all national carriers in most improved customer assistance particularly over the last quad years. Customer satisfaction is an important goal for providers of both function and products, and customer surveys are a commonly used instrument for evaluating that satisfaction (Ammar, Moore & Wright, 2008). near five years ago, Hope Wireless was failing customer service surveys miserably and the customer satisfaction rate was fluctuating between anyplace from 65% to disclose I Hope Wireless HR Proposal Plan72%. The telecommunications industry customer satisfaction goal is 85% or better(p). It was obvious across tu rn ups, states and countries that employees were not satisfied with their work surroundings and conditions. A supervisor task force proposed ideas to incite transmute across the organization. Operation Smile became a nationwide Hope Wireless green light in addition to the Go Fish campaign. Operation Smile all employees to smile whether it was towards an other(a) employee or customer.E genuinelyone in the organization was presented 20 smiling cards of which agreements were electronically signed that for each one employee would award any employee they caught smiling. The part analyst were charge to give a SMILE cards to employees they compreh conclusion SMILING through the phone. The Operation Smile initiative alone increase the overall customer satisfaction rate by 9%, some clock higher. Any employee who accumulated increments of 10 or more cards could earn exciting gifts. This was a six-month initiative that cumulated with a grand-prize drawing that varied depending upon the site and locality.The next morale boosting initiative which would nurture a direct imperative carry on on organization effectiveness was implementing the GO Fish campaign. Seattles Pike Fish market was the source of this idea as they are a living example of the principles complemented by this initiative.being present and do someones day. If an employee was present for thecustomer or peer, they were awarded a fish by their supervisor or manager. The receiving employee would swipe a fish for their peer from a supervisor or manager. The feeling analyst would award the fish if they witness an employee being present and making someones day towards their customer. offend I Hope Wireless HR Proposal PlanEach aggroup was overly given over a stuffed fish to throw to the person who achieved a fish. Whenever the random bell tolled, the person holding the fish would receive an immediate reward, most a good deal a gift card. Just as the SMILE initiative, any employee who accumulate d increments of 10 or more fish could earn very exciting prizes. This was as well as a six month morale boosting device. Customer satisfaction answers have continually progressed and have been maintaining judges of 85% or better on a monthly basis. Hope Wireless began and continues to see a decrease in churn, decrease in employee turnover, increase in employee dealing and memory board and a dramatic increase in customer satisfaction. The said(prenominal) action excogitations greatly influenced employee morale and come along positive customer behavior plot increasing the effectiveness of the organization.The loss of employees is a disruptive event. Organizations often pursue innovative ways to reduce employee turnover, often with limited advantage (Murphy & Taylor, 2006). In addition to random initiatives, Hope Wireless offers on-going employee relation and retention resources such as the manager, site director open door policy, gay resource specialist, employee assistanc e hotline, anonymous corporate security hotline and email denotation and a online suggestion box is set up in each site.Hope Wireless needs to supports diversity anxiety by ensuring that factors are in place to provide for and encourage the continue buzz offment of a diverse workforce by melding these actual and perceived differences among workers to strike maximum productivity (Mondy & Mondy, 2008). Hope Wireless needs to offer motley employee resource groups in support of sexual pick outence, gender, race, veteran status, etc. The employee exposit I Hope Wireless HR Proposal Planresource groups go forth be voluntary, open to all employees with them not being limited to having access to only one group.The Employee pick Groups (ERG) get out offer legion(predicate) benefits to employees such as unique development and networking opportunities, acquisition of practical skills and mentoring programs. In addition, ERG offers connections with people and information not general ly accessible. The aforementioned(prenominal) connections to aid employees in positively pretending the organization by be drive part of the solution. Association with ERG provides allows employees picture to company drawing cards, to serve and volunteer in the confederacy as a representative of the organization and most importantly exposure to and learning around different shades. Hope Wireless has utilized both sexual staffing processes and passing staffing agencies.Research has suggested employees that were hired on a permanent basis out-per create impermanent worker. The permanent workers pictured ownership and allegiance to the company coupled with document higher customer satisfaction pass judgments. The recommendation is to maintain the essential hiring practice. Hope Wireless is successfully trending in the right direction. The aforementioned initiatives, processes and resources, customer service ratings and referenced awards have aided and proven that Hope Wire less is instanter offering world-class customer service. In addition, the number of net-adds in one years time, demonstrates Hope Wirelesss ability to meet and go the mobile needs of customer base. Hope Wireless continues to tense for on-going growth and success.REFERENCESAmmar, S., Moore, D., & Wright, R. (2008). Analyzing customer satisfaction surveys using a fuzzy rule- base finis support system Enhancing customer transactionhip care. ledger of Database Marketing & Customer Strategy Management, 15(2), 91-105. doihttp//dx.doi.org/10.1057/dbm.2008.2 Brief, Arthur P., & Weiss Howard M., Organizational Behavior Affect in the study, (2002), pp. 279-307. Mondy, R. W., & Mondy, J. B. (200*) Human Resource Management (10th ed.), Upper commove River, NJ Pearson prentice Hall Taylor, Lloyd J., I., II, Murphy, B., & Price, W. (2006). Goldratts thinking process applied to employee retention. Business adjoin Management Journal, 12(5), 646-670. doihttp//dx.doi.org/10.1108/1463715061 0691055Part II Hope Wireless operation assessmentHope Wireless offers a broad range of wireless and wire line communications services encouraging mobile freedom to consumers, business concern, and government users. cognitive process appraisal modes are essential in support of Human Resource planning, recruitment and selection, training and development, career planning and development, earnings programs, internal employee relations and assessment of employee potence (Mondy & Mondy, 2008). The assume action appraisal method for Hope Wireless, considering the type of organization and the number of employees is the rating masters method. The rating scales method is a performance appraisal method that rates employees match to defined factors (Mondy & Mondy, 2008).Performance management systems are effective when they are based on goals that are jointly set and are driven by an organizations business strategy (What Makes Performance ideas efficacious? 2012). Performance appra isal imperatives for Hope Wireless leave alone include Do It at a time (resolve) Delegate & Empower (engage appropriate resource/make a decision) Be Accountable (ownership) Focus on Customers (attentive) Teamwork & Camaraderie (work and win as a squad) Compete like Winners (always strive for the top) Develop Yourself & Others (stay abreast of the business policies/procedures peer-to-peer coaching) playacting with Integrity (adhere to reckon of conduct) and Have Fun ( jollify what you do).The advantage of the rating scales method is that the process is controlled and uniform. With the large number of individuals employed by Hope Wireless, the rating scales method allow for flourishing comparison and contrast. The rating scales method allows each employee to be subjected to the same appraisal process and rating criteria, with the same range of responses.Part II Hope Wireless Performance Appraisal pass judgment scale methods are easy to use and understand. The concept of the ra ting scale makes obvious sense both appraisers and evaluated employees have an intuitive appreciation for the truthful and efficient logic of the bipolar scale. The result is widespread acceptance and popularity for this cost (Appraisal Methods, n.d.).Organizational civilisation pitch is dynamic and depends on leading andmanagement. The concepts of organizational qualifying stressing on process, culture change and loss leadinghip, and organizational culture change and the learning organization are central to organizational transformation and pass on be ad fructifyed next (Conceio & Altman, 2011). reading and development is the heart of a continuous effort designed to improve employee competency and organizational performance (Mondy & Mondy, 2008). The training and development program intercommunicate for Hope Wireless bequeath be inclusive of intense focus on the position of the front line employee. The front-line employee is the customer-interfacing employee which dir ectly impacts the organizations bottom line revenue.While training for the management police squad and other integral positions is very important, it is the customer interaction of which the organization thrives and allows the other positions to be vital and necessary. Taking into consideration the organizations mission, goals and corporate plan, the training and development result be created to support the companys culture. It is also important for Hope Wirelesss training and development plan to support the various job description tasks to include both internal and external customers. The final attribute in the training and development process is each employees personal training needs. This can be assessed by compiling acquaintance, skills and abilities checklist and having each supervisor/manager administer the survey. Establishing training goals particular proposition to each Part II Hope Wireless Performance AppraisalPosition go forth ensure effective training in support of expected execution. Goals should include purpose and objectives. Hope Wireless offers 60% teacher led training and development while 40% of the training is via on-line classes for all level of employees. The management staff will also receive enhanced development via team builders, instructor led leadership courses and off-site leadership classes.Career pathing at Hope Wireless will be facilitated through Hope University (HU). Hope Universitys goal is to improve business performance innovative tools and resource to ensure on-going learning and development in support organizational success and employee career enhancement. As a leader in learning and development, HU creates support tools that effectivelyfacilitate performer tasks while on the job (such as desktop decision-making tools) and knowledge-management solutions which allow organizations to capture and dower their collective knowledge (like discussion forums, blogs, pod casts and case studies).These less tralatitious soluti ons are in addition to its more than 3,000 skills and knowledge development offerings and over 2.5 million hours of training delivered annually(Sprint, n.d.) At Hope Wireless each employee is ultimately responsible for their career plan, with their managers and leaders support. With expertise in performance support, development, and delivery, the HR staff has the knowledge and hands-on experience to help each employee reach their full effectiveness through innovative and benignant solutions. On-line job development courses and synergetic training classes are pickingal and available to any employee to be plan at Part II Hope Wireless Performance Appraisaltheir leisure. The HR staff will provide assistance in identifying the appropriate classes in support reaching ones career goals. Effective episode planning is the reward of training and development and career pathing. two training and development and career pathing should be developed and executed with succession planning in the blueprint. Hope Wireless succession plan would include promoting from within as the potential candidate will be nimble to transition into the open position fully armed with the organizations mission, goals and expectations. It will be important to focus on those individual who demonstrate the ethics, value and integrity of which the Hope Wireless culture represents.Potential leaders will be identified, partnered with existing leadership and provided the resources to enhance strong skillsets and enhance sectors of luck. Company career goals will be identified along with the potential candidate identifying their personal career goals. Hope Wireless will go by every effort to fill key positions from within to enhance employee morale, negate negative business impact and ensure continual career advancement.Part II REFERENCESAppraisal Methods. Retrieved from http//www.performance-appraisal.com/ratings.htm Conceio, S., C.O., &Altman, B. A. (2011). Training and development process and organizational culture change. Organization Development Journal, 29(1), 33-43. Retrieved from http//search.proquest.com/docview/862094636?accountid=35812 http//linked2leadership.com/2013/04/01/10-steps-to-create-a-killer-succession-plan/ Mondy, R. W., & Mondy, J. B. (2008) Human Resource Management (10th ed.), Upper Saddle River, NJ Pearson Prentice Hall Sprint. (n.d.). Retrieved from http//www.sprint.comWhat Makes Performance Appraisals Effective? (2012, October). Sage Journals, 44(4), 191-200. Retrieved from http//cbr.sagepub.com.ezproxy.apollolibrary.com/ core/44/4/191Part III Hope Wireless succumbment Plan salary is the total of all rewards provided employees in return for their services (Mondy and Mondy, 2008). In support of meeting and exceeding Hope Wireless business objectives, a plenary compensation and incentive plan will be analysisd as follows for the front line customer-interfacing employees. Hourly rate for customer service (CS) doers is $12.00 per hour base d on the average industry periodic pay of $10 per hour. Overtime will be paid at one and one half hours for every hour worked over 40 hours.This does not include vacation hours, specifically worked hours. Bonus compensation will be paid when the criteria has been met as outlined in the bonus plan for each group. Paid time off (PTO) will diminish at the follow rate tenure of one to three years will accrue two weeks of PTO tenure of four to six years will accrue three weeks of PTO and tenure of six electropositive years will accrue five weeks of PTO. Each employee will only be able to carry-over 40 hours of PTO at the end of each calendar year. Every year each employee will accrue two octet hour floating holidays for personal use, which are not transferrable.CS agents will begin with a balance of 140 misfortune (Hope Attendance Points) to be used for unscheduled absences. A five to eight hour unscheduled absence will result in induction of 10 HAP. An unscheduled absence of four or less hours will result in a deduction of five HAP. Business impact days that are designated by Workforce, will have a multiply point deduction. Those days will beidentified at least two weeks prior to applicable timeframe. The aforementioned benefits and compensation are in support of employee satisfaction, retention and securing employees commitment to the organization. The CS agents will bePart III Hope Wireless Compensation Planprovided a comprehensive outline of the PTO/HAP policies to include unacceptable HAP balances, the consequences of weary all balances including PTO and HAP, etc. The CS agents will also have the option of enrolling in medical insurance of which Hope Wireless will gaol 70% of the premium. The CS agents will also have the option of dental and optical insurance where Hope Wireless will remit 70% of the premium. Employees will also have the option to participate in pre-tax flex-spending accounts. A self- initiated pre-tax monetary amount will be deducte d from each payroll check and located in a fund for medical/co-pay expenses for the employee and covered relations enrolled in the medical insurance program.This is a great savings and perks for the employees. Hope Wireless offers all employees an exciting 401K plan of which Hope Wireless matches clam for dollar up to five dollars per pay period. Stock options are also available in addition to the 401K plan, both of which will be outline on the companys intranet benefit site. Enrollment in 401K and timeworn options are available year-round. Tuition reimbursement is available for courses applicable to customer service/leadership/management and will be paid up to 90% for two courses annually after outlined criteria is met and approved by his/her manager. Criteria can be found on Hope Wireless intranet benefit site. standstill pay increases are performance based and will be inflexible yearly once the employee has been rated by Supervisor via the annual performance review. The pay increases will be based on current rate per hour, performance rating and active corrective actions and performance action plans. Pay increases will be commensurate with current industry standards at the time of the rating.Part III Hope Wireless Compensation PlanThe Human Resource team has rendered extensive research of surrounding call centers, conducted surveys of sister sites and cogitate the outlinedcompensation plan is inclusive of the most desired benefits of the most tenured employees who consistently exceed performance goals. The targeted employees also have consistently exceeded customer expectations per customer surveys.HRs partnership with middle management is also a key element to successful operations and employee retention. HR will also outline a process of which middle management can execute separate and apart from the aforementioned proposal. Practical strategies for supervisors include clearly identifying division responsibilities, implementing flexible scheduli ng, supporting role integration, applying job sharing principles, and remembering to reward and recognize employees(Winterstein, Mazerolle & Pitney, 2011).Hope Wireless mission is to exceed the expectations of every customer who is in contact with the site. In order to enjoy such a reputation, every employee has to be engaged, empowered, committed, satisfied in their role and have allegiance to the organization and their team leads. Meeting performance expectations will allow each employee their hourly base pay. Surpassing performance expectations invites the opportunity to earn a bonus. WOWING every customer, owning the business, caring about your co-worker, volunteering in the community on behalf of the organization, etc. earns rewards and recognition.Recognizing employees for a job well done is more important than many leaders realize. Employees often times provide feedback via company surveys that their manager only meet with them to share/discuss poor performance. organism cau ght in the act of outstanding performance/behavior is a pay-off for the organization that is immeasurable. Great behavior Part III Hope Wireless Compensation Planbreeds great behavior. Receipt of recognition in front of an employees peers not only enhances one self-esteem but often times deem an employee a subject matter expert. A go to person. Since managers prefer to keep their good performers and employees that they like, it is important to understand their treatment of those individuals in promoting their desired continued personal development (Adams, 2005). Hope Wireless will not only engage inon the spot Caught in the stand for positive feedback cards issued by an employees manager, the use of Caught in the doing certificates, posters and emails will also be initiated.Certificates will be presented in team meetings posters will be posted in the team work area and emails will be sent to recognized employee with the entire team copied. Hope Wireless Trinkets will also be avai lable to the management team in addition to the creation of the Hope Wireless Fun committee. The Hope Wireless Fun committee will be charged with engaging a mix of employees to create and execute fun activities for the site to reward and motivate employees such as team prizes for the best performers, best customer service surveys, etc. Hope Wireless is committed to working and win as a team and to have the best team of employees in the wireless industry.REFERENCESAdams, S. M. (2005). Positive Affect and Feedback-Giving Behavior. Journal of Managerial Psychology, 20(1), 24-42. Retrieved from http//search.proquest.com/docview Mondy, R. W., & Mondy, J. B. (2008) Human Resource Management (10th ed.), Upper Saddle River, NJ Pearson Prentice Hall Winterstein, A. P., Mazerolle, S. M., & Pitney, W. A. (2011). oeuvre environs Strategies to promote and enhance the quality of life of an athletic trainer. gymnastic Training & Sports Health Care, 3(2), 59-62. doihttp//dx.doi.orgPart IV The Cultural intensifyThe senior leaders of Hope Wireless prides themselves on being one of the top three wireless leaders. Hope Wireless has won miscellaneous service awards and achieve many honors for most improved customer service. In addition, Hope Wireless offers innovative and competitive wireless devices of which the other wireless providers have been unable to match. While many of Hope Wirelesss policies and procedures will be ad cut shorted and enhanced as a result of this proposal, the last enhancement proposal is in support of the internal culture of the organization. The previous site director allowed employees to fare overthrow daily.Dressing down allows blue jean, flip-flops, swindle, hats, etc. Employees who are curtailed down are more relaxed and come across as such when speaking to customers lending to an unprofessionalenvironment and poor customer service interactions. A recent event involving an employee who had placed their sweatshirt hood on and laid their he ad on the desk while time lag on a call is the final motivation for the proposed change. While sleep, several customers came onto the sleeping employees line and dropped when no one responded. This resulted in an impact in customer service and service level.The news of the termination of the employee was wide-spread amongst the agents peers. This was the first step towards awareness that the organization will take immediate reaction to negative impact caused by an employee. When people in an organization realize and recognize that their current organizational culture needs to transform to support the organizations success and progress, change can occur. But change is not pretty and change is not easy (Heathfield, n.d.).Part IV The Cultural changeThe first cultural change proposal is to initiate a change to the current bard code policy from daily dress down to dress down Fridays, Saturdays, Sundays, and holidays ONLY, unless differently specified. Currently, employees are only re quired to wear professional business robes when corporate visitors are expected on-site. The proposed normal day to day dress requirement will be business episodic. Business casual dress guidelines will require men to wear collared shirts, khaki or dress pants and no tennis shoes or sandals. Business casual dress guidelines will require women to wear non- provocative, non-tight-fitting clothing void of denim and stretch material. Denim will not be allowed for either women or men. Women or men will not be permitted to wear shorts on business casual days. Womens skirts and dresses must be stifle length and the womens shoe requirement will require dress shoes, no tennis shoes or flip flops.Top-down attempts to change organization culture have a number of unintended consequences, amongst which is an turned on(p) fall-out that becomes manifested in higher rates of absenteeism (Carr, 2002). Human Resource has elected to passing play management of the task of owning and communicating this change. Employee focus groups will be formed to access to proactive strategize the most effective communication and reaction to resistivity toavoid negative impact to business. Agent dissatisfaction often translate to poor performance and reliability in call centers.Severe opposition is expected in response to this proposed change. The tentative initial communication to employees will be interact to employees in team meetings by members of the employee focus group. Often times, peer buy-in lends to continued peer buy-in to change in an organization. In support of the opposition, Human Resources will also partner Part IV The Cultural ChangeWith the parley team to begin sending out catchy, funny emails and launch internal television advertisements of the dress code change to occur in 30 days. The why documents will be drafted to include the goal of delivering superior, professional customer service. Anonymous pictures will be included of relaxed desk posture of agents who are change down versus those who are dressed business casual. Relaxed posture translate to relaxed conversations. Human Resources will also be prepared to hold optional chocolate-brown bag meetings to share relaxed remote quality observations where unprofessional customer service was rendered versus calls observed on a professional dress day.Human Resources will set the expectation that the Management team will be held responsible to execute this change and maintain application and consistency of the policy change. totally policy amendments are supported by 30 day variant grace period after which the following reaction will be instituted. Management will render a documented verbal process of monition for the 1st dress code impact. The 2nd dress code violation will result in the employee being sent home to change with an impact to pay for the time missed and documented warning. The 3rd dress violation will result in a 1st indite warning and will continue to progress to terminati on.Human Resources will be open for feedback will be open to negotiate with employees holistically to encourage receptiveness to the dress code change. Timing can be crucial. Conflict tends to develop through stages, from awareness that differences exist to a hardening of attitudes and, possibly,open aggression (Abc of Conflict and mishap Approaches to Conflict Resolution, 2005). The employee focus group will be the first reaction to conflict of which employees will be support to provide open and honest feedback to and amongst their peers. Part IV The Cultural ChangeThis will provide an immediate forum for employees to react versus allowing dissatisfaction and conflict expel and result in unnecessary and avoidable conflict.The aforementioned changes outlined in this proposal outline a cultural change that lends to effective start-up, encourage growth, prevent decline, encourage renewal and upward mobility and prevent death of the organization. conclusionThe Human Resource plann ing and partnership outlined in the aforementioned proposal will institute efficient, effective, consistent, and revenue impacting operations. The Human Resource team for Hope Wireless has prepared the blueprint to propel the organization to decorous the 1 wireless leader in the industry.REFERENCESAbc Of Conflict And Disaster Approaches To Conflict Resolution. (2005, August). BMJ British Medical Journal , 331(7512), 344-346. Retrieved from http//av4kc7fg4g.search.serialssolutions.com.ezproxy.apollolibrary.comCarr, A. (2002). Organisational culture Organisational change? Journal of Organizational Change Management, 15(4), 425. Retrieved from http//search.proquest.com/docview/197601624?accountid=458 Heathfield, S. (n.d.). How to Change Your Culture Organizational CultChange. About.com Guide, (), Retrieved from http//humanresources.about.com/od/organizationalculture/a/culture change.htm
Bag of Bones CHAPTER TWO
I n eer suffered from drop a liners shut polish up during the ten days of my marriage, and did non suffer it immediately after Johannas death. I was in fact so unfamiliar with the condition that it had pretty self-colored more or less set in before I knew any function away of the ordinary was deviation on. I turn every placement this was because in my heart I believed that such conditions only if affected literary types of the sort who are discussed, deconstructed, and some condemnations dismissed in the New York Review of Books.My penning passage and my marriage covered nearly exactly the same span. I finished the eldest draft of my first-year novel, Being cardinal, not long after Jo and I became offici on the wholey occupied (I popped an opal ring on the third finger of her left hand, a 100 and ten bucks at Days Jewellers, and quite a bit more than I could afford at the time . . . tho Johanna seemed utterly thrilled with it), and I finished my utmost(a) novel, exclusively the Way from the Top, more or less a calendar month after she was declared dead. This was the peerless most the psyc unrecordedic killer with the whap of high places. It was make in the f every of 1995. I dupe published different novels since and then a paradox I can formulate but I dont think thitherll be a Michael Noonan novel on any list in the foreseeable future. I know what writers hedge is now, all right. I know more ab surface it than I ever wanted to.When I hesitantly showed Jo the first draft of Being Two, she consume it in angiotensin-converting enzyme nonethelessing, curled up in her favorite contain, have on nothing but panties and a tee-shirt with the Maine black bear on the front, beverage glass after glass of iced tea leaf. I went out to the garage (we were renting a house in Bangor with another couple on as shaky financial ground as we were. . and no, Jo and I werent quite conjoin at that point, although as far as I know, that opal ring never left her finger) and intrusttered aimlessly, feeling want a guy in a New Yorker car as well asn one of those about funny fellows in the speech communication waiting path. As I remember, I fucked up a so-simple-a-child-can-do-it birdhouse fit and almost cut off the index finger of my left hand. both twenty minutes or so Id go keister within and peek at Jo. If she noticed, she gave no sign. I took that as hopeful.I was sitting on the back stoop, looking up at the stars and smoking, when she came out, sit down big bucks beside me, and congeal her hand on the back of my neck.Well? I state.Its good, she said. at one time why dont you come inside and do me? And before I could answer, the panties she had been tiring dropped in my lap in a little whisper of nylon.Afterward, manufacturing in bed and eating oranges (a vice we later outgrew), I asked her ripe as in publishable?Well, she said, I dont know anything about the glamourous world of publishing, but Ive bee n interpreting for pleasure all my life intrusive George was my first love, if you want to know I dont. She leaned over and popped an orange constituent into my mouth, her breast warm and provocative against my arm. and I read this with great pleasure. My prescience is that your career as a reporter for the Derry News is never expiry to survive its rookie stage. I think Im waiver to be a novelists wife.Her words thrilled me actually brought goosebumps out on my arms. No, she didnt know anything about the glamorous world of publishing, but if she believed, I believed . . . and belief turned out to be the right course. I got an constituent through my experienced creative-writing teacher (who read my novel and damned it with faint praise, seeing its commercial qualities as a frame of heresy, I think), and the agent s disused Being Two to Random hearth, the first publisher to see it.Jo was right about my career as a reporter, as well. I spent four months covering fire fl ower shows, drag races, and bean suppers at about a coke a week before my first check from Random House came in $27,000, after the agents commission had been deducted. I wasnt in the newsroom long lavish to get even that first minor bump in salary, but they had a going-away party for me viewable the same. At Jacks Pub, this was, now that I think of it. There was a banner hung over the tables in the back room which said GOOD LUCK MIKE WRITE ON Later, when we got home, Johanna said that if envy was acid, there would have been nothing left of me but my belt-buckle and ternary teeth.Later, in bed with the lights out the last orange eaten and the last coffin nail shared I said, No ones ever going to confuse it with come out Homeward, Angel, are they? My book, I meant. She knew it, erect as she knew I had been fairly discourage by my old creative-writing teachers response to Two.You arent going to pull a people of frustrated-artist crap on me, are you? she asked, getting up on one elbow. If you are, I wish youd tell me now, so I can part up one of those do-it-yourself divorce kits first thing in the morning.I was amused, but also a little hurt. Did you see that first press release from Random House? I knew she had. Theyre skillful about calling me V. C. Andrews with a prick, for Gods sake.Well, she said, lightly grabbing the object in question, you do have a prick. As far as what theyre calling you . . . Mike, when I was in third grade, Patty Banning used to call me a booger-hooker. that I wasnt.Perception is everything.Bullshit. She was still keeping my dick and now gave it a formidable squeeze that hurt a little and felt supremely wonderful at the same time. That crazy old trouser cabbage never really cared what it got in those days, as long as there was a lot of it. Happiness is everything. Are you happy when you write, Mike?Sure. It was what she knew, anyway.And does your moral sense bother you when you write?When I write, theres nothing Id rather do pull out this, I said, and rolled on top of her.Oh dear, she said in that puritanic little voice that eternally cracked me up. Theres a penis mingled with us.And as we made love, I realized a wonderful thing or deuce that she had meant it when she said she really wishd my book (hell, Id know she liked it just from the way she sat in the wing prexy reading it, with a lock of hair falling over her os frontale and her bare legs tucked beneath her), and that I didnt need to be shamed of what I had written . . . not in her eyes, at least. And one other wonderful thing her perception, joined with my own to make the true binocular vision nothing but marriage allows, was the only perception that mattered. convey God she was a Maugham fan.I was V. C. Andrews with a prick for ten years . . . fourteen, if you add in the post-Johanna years. The first five were with Random then my agent got a huge offer from Putnam and I jumped.Youve seen my name on a lot of bestseller lists . . . if, that is, your Sunday newspaper publisher carries a list that goes up to 15 instead of just listing the top ten. I was never a Clancy, Ludlum, or Grisham, but I move a fair form of hardcovers (V. C. Andrews never did, Harold Oblowski, my agent, told me once the lady was pretty much a soft-cover book phenomenon) and once got as high as number five on the Times list . . . that was with my second book, The Red-Shirt Man. Ironically, one of the books that kept me from going higher(prenominal) was Steel mackintoshhine, by Thad Beaumont (writing as George Stark). The Beaumonts had a summertime place in Castle Rock back in those days, not even litre miles south of our place on Dark Score Lake. Thads dead now. Suicide. I dont know if it had anything to do with writers block or not.I stood just external the misrepresentation circle of the mega-bestsellers, but I never minded that. We owned two homes by the time I was thirty-one the lovely old Edwardian in Derry and, in wester n Maine, a lakeside logarithm home almost big enough to be called a fit that was Sara Laughs, so called by the locals for nearly a century. And we owned both places unblock and clear at a time of life when many couples pass on themselves lucky just to have fought their way to mortgage approval on a starter home. We were healthy, faithful, and with our fun-bones still fully attached. I wasnt Thomas Wolfe (not even Tom Wolfe or Tobias Wolff), but I was being paid to do what I loved, and theres no gig on earth opineter than that its like a license to steal.I was what midlist fiction used to be in the forties critically ignored, genre-oriented (in my case the genre was Lovely Young fair sex on Her Own Meets Fascinating Stranger), but well compensated and with the kind of shabby acceptance accorded to state-sanctioned whorehouses in Nevada, the feeling seeming to be that some outlet for the baser instincts should be provided and someone had to do That var. of Thing. I did That Sor t of Thing enthusiastically (and sometimes with Jos enthusiastic connivance, if I came to a specially problematic plot crossroads), and at some point around the time of George Bushs election, our accountant told us we were millionaires.We werent rich enough to own a reverse lightning (Grisham) or a pro football team (Clancy), but by the standards of Derry, Maine, we were quite rolling in it. We made love thousands of times, saw thousands of movies, read thousands of books (Jo storing hers under(a) her side of the bed at the end of the day, more lots than not). And perhaps the greatest blessing was that we never knew how short the time was.to a greater extent than once I wondered if breaking the religious rite is what led to the writers block. In the daytime, I could dismiss this as supernatural twaddle but at wickedness that was harder to do. At night your thoughts have an unpleasant way of slipping their collars and tally free. And if youve spent most of your adult life making fictions, Im sure those collars are even looser and the dogs less eager to wear them. Was it Shaw or Oscar Wilde who said a writer was a man who had taught his mind to misbehave?And is it really so far-fetched to think that breaking the ritual might have played a part in my sudden and unexpect (unexpected by me, at least) still? When you make your daily bread in the land of make-believe, the line amongst what is and what seems to be is much finer. Painters sometimes refuse to paint without wearing a certain hat, and baseball players who are hitting well wont change their socks. The ritual started with the second book, which was the only one I remember being spooky about I suppose Id absorbed a fair bar of that sophomore-jinx stuff the idea that one hit might only be a fluke. I remember an American Lit lecturers once truism that of modern American writers, only Harper Lee had found a foolproof way of avoiding the second-book blues.When I reached the end of The Red-Shirt Man, I stopped just short of finishing. The Edwardian on Benton Street in Derry was still two years in the future at that point, but we had purchased Sara Laughs, the place on Dark Score (not anywhere near as furnished as it later became, and Jos studio not yet built, but nice), and thats where we were.I pushed back from my typewriter I was still clinging to my old IBM Selectric in those days and went into the kitchen. It was mid-September, most of the summer people were gone, and the crying of the addle bosss on the lake sounded inexpressibly lovely. The sun was going down, and the lake itself had become a still and heatless plate of fire. This is one of the most vivid memories I have, so clear I sometimes feel I could shout right into it and live it all again. What things, if any, would I do differently? I sometimes wonder about that.Early that evening I had put a bottle of Taittinger and two flutes in the fridge. Now I took them out, put them on a tin tray that was usually employed to transport pitchers of iced tea or Kool-Aid from the kitchen to the deck, and carried it before me into the living room.Johanna was of late in her ratty old easy chair, reading a book (not Maugham that night but William Denbrough, one of her contemporary favorites). Ooo, she said, looking up and marking her place. Champagne, whats the occasion? As if, you understand, she didnt know.Im done, I said. Mon livre est tout fini.Well, she said, smiling and taking one of the flutes as I hardening down to her with the tray, then thats all right, isnt it?I realize now that the heart of the ritual the part that was alive and powerful, like the one true magic word in a mouthful of gibberish was that phrase. We almost forever had champagne, and she almost always came into the office with me afterward for the other thing, but not always.Once, five years or so before she died, she was in Ireland, pass with a girlfriend, when I finished a book. I drank the champagne by myself that time, an d entered the last line by myself as well (by then I was using a mack which did a billion different things and which I used for only one) and never lost a minutes sleep over it. But I called her at the inn where she and her friend Bryn were staying I told her I had finished, and listened as she said the words Id called to hear words that slipped into an Irish visit line, travelled to a microwave transmitter, rose like a appeal to some satellite, and then came back down to my ear Well, then thats all right, isnt it?This custom began, as I say, after the second book. When wed each had a glass of champagne and a refill, I took her into the office, where a single rag week of paper still stuck out of my forest-green Selectric. On the lake, one last loon cried down dark, that call that always sounds to me like something rusty turning lento in the wind. I thought you said you were done, she said.Everything but the last line, I said. The book, such as it is, is dedicated to you, and I want you to put down the last bit.She didnt laugh or protest or get gushy, just looked at me to see if I really meant it. I nodded that I did, and she sat in my chair. She had been swimming earlier, and her hair was pulled back and threaded through a white elastic thing. It was wet, and two shades darker red than usual. I stirred it. It was like touching damp silk.Paragraph indent? she asked, as soberly as a girl from the steno pool about to take summons from the big boss.No, I said, this continues. And then I spoke the line Id been holding in my foreman ever since I got up to pour the champagne.He slipped the chain over her head, and then the two of them walked down the steps to where the car was parked.She typed it, then looked around and up at me expectantly. Thats it, I said. You can write The End, I guess.Jo hit the RETURN button twice, centered the carriage, and typed The End under the last line of prose, the IBMs Courier type ball (my favorite) spinning out the letters i n their obedient dance.Whats the chain he slips over her head? she asked me.Youll have to read the book to find out.With her sitting in my desk chair and me standing beside her, she was in perfect position to put her face where she did. When she spoke, her lips moved against the most sensitive part of me. There were a pair of like shorts between us and that was all.Ve haff vays off making you talk, she said.Ill just bet you do, I said.I at least made a jab at the ritual on the day I finished All the Way from the Top. It felt hollow, form from which the magical substance had departed, but Id expected that. I didnt do it out of superstition but out of respect and love. A kind of memorial, if you will. Or, if you will, Johannas real funeral service, finally taking place a month after she was in the ground.It was the last third of September, and still hot the hottest late summer I can remember. All during that final good-for-naught push on the book, I kept thinking how much I missed her . . . but that never slowed me down. And heres something else hot as it was in Derry, so hot I usually worked in nothing but a pair of boxer shorts, I never once thought of going to our place at the lake. It was as if my memory of Sara Laughs had been entirely wiped from my mind. Perhaps that was because by the time I finished Top, that truth was finally sinking in.She wasnt just in Ireland this time. My office at the lake is tiny, but has a view. The office in Derry is long, book-lined, and windowless. On this particular evening, the overhead fans there are three of them were on and paddling at the soupy air. I came in dressed in shorts, a tee-shirt, and no-good thong sandals, carrying a tin Coke tray with the bottle of champagne and the two chilled glasses on it. At the far end of that railroad-car room, under an eave so steep Id had to almost crouch so as not to rigidly my head when I got up (over the years Id also had to withstand Jos protests that Id picked the absolut e worst place in the room for a planttation), the screen of my Macintosh glowed with words.I thought I was probably inviting another storm of mourning -maybe the worst storm but I went ahead anyway . . . and our emotions always surprise us, dont they? There was no weeping and wailing that night I guess all that was out of my system. Instead there was a deep and wretched sense of loss the empty chair where she used to like to sit and read, the empty table where she would always set her glass too close to the edge.I poured a glass of champagne, let the foam settle, then picked it up. Im done, Jo, I said as I sat there beneath the paddling fans. So thats all right, isnt it?There was no response. In light of all that came later, I think thats worth take uping there was no response. I didnt sense, as I later did, that I was not alone in a room which appeared empty.I drank the champagne, put the glass back on the Coke tray, then filled the other one. I took it over to the Mac and s at down where Johanna would have been sitting, if not for everyones favorite loving God. No weeping and wailing, but my eyes prickled with rubs. The words on the screen were these today wasnt so bad, she supposed. She crossed the grass to her car, and laughed when she saw the white square of paper under the windshield. Cam Delancey, who refused to be discouraged, or to take no for an answer, had invited her to another of his Thursday-night wine-tasting parties. She took the paper, started to tear it up, then changed her mind and stuck it in the hip pocket of her jeans, instead.No split up indent, I said, this continues. Then I keyboarded the line Id been holding in my head ever since I got up to get the champagne.There was a whole world out there Cam Delanceys wine-tasting was as good a place to start as any.I stopped, looking at the little blink cursor. The tears were still prickling at the corners of my eyes, but I repeat that there were no cold drafts around my ankles, no spec tral fingers at the nape of my neck. I hit RETURN twice. I clicked on CENTER. I typed The End below the last line of prose, and then I crispen the screen with what should have been Jos glass of champagne.Heres to you, babe, I said. I wish you were here. I miss you like hell. My voice wavered a little on that last word, but didnt break. I drank the Taittinger, saved my final line of copy, transferred the whole works to floppy disks, then backed them up. And except for notes, grocery lists, and checks, that was the last writing I did for four years.
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