Zoe is a second grader with autism spectrum disorders. Zoe’s father .docxransayo
Zoe is a second grader with autism spectrum disorders. Zoe’s father recently passed away in a tragic car accident. Zoe, her mom, and two older brothers have temporarily relocated from out-of-state and are now living in her grandparents’ house in a small, rural community.
Because the family had been living out-of state, Zoe has never interacted with her grandparents. She has challenges responding to social cues, including her name and in understanding gestures. She also engages in repetitive body movements. She is fond of her set of dolls and likes lining them up. When Zoe is agitated, her mother plays Mozart, which seems to have a calming effect. Zoe also enjoys macaroni and cheese.
Her grandparents do not understand Zoe’s attempts at communicating. Zoe does not respond well to crowded and noisy environments. Zoe’s mom is working outside the home for the first time.
Because of the move, Zoe has transferred to a new school, which does not currently have any students with ASD. Although her mom is generally very involved with Zoe’s education, she is away from the home much of the time due to a long commute for her new job is a neighboring city.
Zoe’s grandparents are eager and willing to help in any way they can.
Imagine you are serving as an ASD consultant at Zoe’s new school. Using the COMPASS model, create a COMPASS Action Plan for Zoe by complete the following tasks:
Identify the personal challenges for Zoe;
Identify the environmental challenges for Zoe;
Identify potential supports; and
Identify and prioritize teaching goals.
In addition, include a 250-500-word rationale that explains how your action plan for Zoe demonstrates collaboration in a respectful, culturally responsive way while promoting understanding, resolving conflicts, and building consensus around her interventions.
.
Zlatan Ibrahimović – Sports Psychology
Outline
Introduction:
· General Info
· Nationality, Birthplace, Parents
· Childhood What he wanted to do growing up?
· When did he start playing professionally?
· Which teams did he play for?
· Give some of his career statistics and maybe records?
· What trophies has he won with club football and national team of Sweden?
· Style of Play
· What is his personality like? How do people see him in the media?\
·
Body Paragraphs
Connect the following Sports Psychology Concepts (or even those not listed) to Zlatan Ibrahimović
What is his personality type? Type A, B C, or D?
Give examples through research of where he shows this.
CATASTROPHE THEORY… OCCURS WHEN? WHAT DOES THE GRAPH LOOK LIKE
· Arousal: is a blend of physiological and psychological activity in a person and it refers to the intensity dimensions of motivation at a particular moment. It ranges from not aroused, to completely aroused, to highly aroused; this is when individuals are mentally and physically activated.
· Performance increases as arousal increases but when arousal gets too high performance dramatically decreases. This is usually caused by the performer becoming anxious and sometimes making wrong decisions. Catastrophes is caused by a combination of cognitive and somatic anxieties. Cognitive is the internal worries of not performing well while somatic is the physical effects of muscle tension/butterflies and fatigue through playing.
· The graph is an inverted U where the x line is the arousal and the y is the performance. Performance peaks on the top of the inverted U and the catastrophe happens in the fall of the inverted U
HIGH TRAIT ANXIETY ATHLETES… HOW DO THEY PERCEIVE COMPETITION?
· Anxiety: is a negative emotional state in which feelings of nervousness, worry and apprehension are associated with activation or arousal of the body
· Trait Anxiety: is a behavioral disposition to perceive as threatening circumstances that objectively may not be dangerous and to then respond with disproportionate state anxiety.
· Somatic Trait Anxiety: the degree to which one typically perceived heightened physical symptoms (muscle tension)
· Cognitive Trait Anxiety: the degree to which one typically worries or has self doubt
· Concentration Disruption: the degree to which one typically has concentration disruption during competition
People usually with high trait anxiety usually have more state anxiety in highly competitive evaluative situations than do people with lower trait anxiety. Example two athletes are playing basketball and both are physically and statistically the same both have to shoot a final free throw to win the game. Athlete A is more laid back which means his trait anxiety is lower and he doesn't view the final shot as a overly threatening. Athlete B has a high trait anxiety and because of that he perceives the final shot as very threatening. This has an effect on his state anxiety much more than.
Zia 2Do You Choose to AcceptYour mission, should you choose.docxransayo
Zia 2
Do You Choose to Accept?
Your mission, should you choose to accept it, is to go out and see Mission: Impossible-Fallout. As I sat back in my red-cushioned seat, accompanied by my brothers, I knew I was in for something special. The film takes place two years after two-thousand fifteens hit movie, Mission: Impossible-Rogue Nation. While I had no clue what to expect, I knew I was going to be in for an incredible ride as soon as the movie began with the intense dialogue between Ethan Hunt (Tom Cruise) and Solomon Lane (Sean Harris). From beginning to end, Mission: Impossible- Fallout delivers crazy action-thriller scenes, inventive special effects, and creative cinematography.
Mission: Impossible-Fallout is based on a story of an American agent who must retrieve nuclear weapons from an enemy terrorist organization with help of his specialized IMF team. The film was consistent the first hour with it involving the audience in the mission of the secret organization and trying to figure out the next move of the evil organization known as the Apostles. However, towards the middle of the movie it was revealed that one of the CIA agents was playing the role of a double spy and was on the side of the Apostles. The plot delivered intense action-packed scenes between the opposing groups that personally had me at the edge of my seat. Whether it was a chase on motorcycles, cars, speedboats, or helicopters, each scene had Ethan Hunt running for his life to save the world. Even though I was only viewing the movie from a comfortable movie theater, Hunt zigzagging through the traffic of France on a motorcycle had my fists clenched and adrenaline pumping. However, that was not even the best thriller of the movie. Ethan Hunt trailing Agent Walker in a helicopter with heavy rounds of artillery being fired at each other through the snowcapped mountains of Kashmir may very well be one of the best action scenes in cinematic history. Mission: Impossible-Fallout can be appreciated and enjoyed by all audiences because of its action-packed scenes that keep everyone extremely engaged in the plot.
Mission: Impossible-Fallout brilliantly illustrates the amazing special effects that serve to create the theme and style of the film. From creating bloody wounds to spectacular backgrounds, special effects are abundant throughout the movie. For instance, as Hunt is jumping off an airplane, the special effects of this scene include wind, rain, thunder, and clouds that make the film visually appealing and almost realistic. The thunder striking him as he is skydiving had my jaw wide open simply because of how incredible the illusion was displayed. In almost every fight between Hunt’s team and the Apostles, multiple types of special effects were utilized. Fighting sequences with Hunt angrily running towards Lane and delivering devastating punches accompanied by “POWs” and “AAAHs” seemed so realistic that it had me feeling queasy in my stomach. The gunfire during these fight.
Ziyao LiIAS 3753Dr. Manata HashemiWorking Title The Edu.docxransayo
Ziyao Li
IAS 3753
Dr. Manata Hashemi
Working Title:
The Education Gap
Research Question:
How did the youth of Iran make up the education gap resulted from the Cultural Revolution from 1980 to 1982?
This is a critical question because it involves both education and the youth of Iran. Education and the youth are both very fundamental perspectives for a society to thrive. During the cultural revolution, the education system was shut down, which would undermine the overall quality of a generation. Research of this issue will lead us to the methods used to make up the education gap. It is possible to help other countries suffering similar issues.
Thesis Statement:
After the Iran’s cultural revolution during 1980 to 1982, the youth of Iran made up the education gap caused during the revolution by promoting student movements.
Outline:
· Introduction:
· Cultural Revolution happened in Iran during 1980 to 1982. The education institutions like universities were shut down for the 3-year period. And this gap in education brought significant influence on the youth of Iran at that time. However, the education gap was made up successfully after the revolution.
· State the thesis statement:
· The education gap is made up by the youth in Iran. They promoted the student movement to help the society recover from the revolution.
· The scars left from the revolution
· The revolution lasted 3 years, young people who were supposed to be students had to quit school. The government forced schools to close. The chain of delivering knowledge was broken. And young people cannot find proper things to do when quitting school.
· Student movements
· After the cultural revolution, people in Iran realized they need to correct the current education situation recover the damages resulted from the revolution. Since Iran’s youth has a great number in the society, their power was not to be ignored. They started to fight for their own rights and profits. They were looking for ways to make up the damage has been down. Then the student movement eventually worked for recovering Iran’s education level.
· Conclusion
· The cultural revolution in Iran hurt its education continuity. However, the youth of Iran managed to make up for the damage caused by the cultural revolution. Student movements played the dominant role in this recovering process.
Bibliography:
Khosrow Sobhe (1982) Education in Revolution: is Iran duplicating the Chinese Cultural Revolution?, Comparative Education, 18:3, 271-280, DOI: 10.1080/0305006820180304
Mashayekhi M. The Revival of the Student Movement in Post-Revolutionary Iran. International Journal of Politics, Culture & Society. 2001;15(2):283. doi:10.1023/A:1012977219524.
Razavi, R. (2009). The Cultural Revolution in Iran, with Close Regard to the Universities, and its Impact on the Student Movement. Middle Eastern Studies, 45(1), 1–17. https://doi-org.ezproxy.lib.ou.edu/10.1080/00263200802547586
ZABARDAST, S. (2015). Flourishing of Occid.
Ziyan Huang (Jerry)
Assignment 4
Brand Positioning
Professor Gaur
Target audience:
HR in Ping An Bank Co., Ltd. HRs (interviewers who hire people) from Ping An Bank are usually female, aged 30-40, who look friendly and easy-going. They are sophisticated and skeptic when checking people’s resumes and asking questions during interview. Usually, HRs care about four things: 1. Graduate school ranking. 2. Working experience in bank 3. Oral expression. 4. Personal character. They prefer people who are enthusiastic, energetic and hard-working.
Q1:
Compared to other people who also look for jobs in Ping An Bank, my points of parity would be: 1. I have earned a master degree in a Top 40 U.S. graduate school. 2. I have some intern experience in another bank. My points of differentiation would be: 1. I am confidence in speaking and self-expression. I can serve both Chinese and American clients because I speak fluent Mandarin and English. 2. I am energetic and hard-working. I always have passion in learning something new, which is a key for me to develop working skills.
Q2:
My brand essence: “Energetic, hard-working and modest.”
Q3:
Positioning statement:
Ziyan Huang is for employers from bank,
Who look for excellent employees.
Ziyan Huang is an energetic, hard-working NYU graduate student,
That has passion in developing new working skills.
Because he can speak fluent Mandarin and English,
And have one year working experience in China Merchant Bank,
So that employers can trust him as a reliable candidate.
.
Zhtavius Moye
04/19/2019
BUSA 4126
SWOT Analysis
Dr. Setliff
PORSCHE
Strengths
· Brand Recognition
Not only a brand, but a status symbol for wealth and luxury
· Lean Factory Production
Manpower is low compared to the use of raw materials and supplies
· High Profit Share
The reputation is well-known for good treatment
Weaknesses
· Small automotive manufacture
Porsche has offered the same line of cars for years before extending.
· Limited Customer Sector
Not everyone can afford a Porsche
· Location
Since beginning of time, Porsche has been in Stuttgart, Germany. No space to expand
Opportunities
· Expansion
Deliveries increased in China by 12% but needs more in Asia, Japan, and Indonesia.
· Electric Mobility
A chance to expand Porsche name to many more industries and markets with top competitors such as Tesla.
· S1, O2: Brand recognition extends the range for profitability for the 2020 fully electric Porsche Taycan.
· S3, O1: The annual profitability of the company will encourage others to become a part of the business.
· S2, O1: The cost of a Porsche effects expansion, but by expanding to China could significantly increase rates.
· S3, O1: The location in Germany is a problem for expansion due to limited space of Stuttgart.
Threats
· Technology
Modern technology is advancing to lower cost vehicles.
· Market Competition
Vehicles with similar characteristics at lower cost.
· S3, O2: Weighing heavily on the market Porsche’s reputation will continue to stand abroad its competitors.
· S2, O1: Limited labor will call for more software developers in the more modern technology, especially introducing the fully electric Porsche Taycan.
· S1, O1: Porsche is a company that believes in staying at its classic and luxury perception to their buyers. Still giving all newly updated technology certain things such as an automatic start engine will not be an asset.
· S2, O2: Combined leaves Porsche at a limitation of customers making it hard to expand the market.
VIOLATION OF CIVIL RIGHTS ACT IN ELECTIONS 1
VIOLATION OF CIVIL RIGHTS ACT IN ELECTIONS 2
Violation of Civil Rights Act in Elections
Jake Bookard
Savannah State University
Violation of Civil Rights Act in Elections
Introduction
Despite the assurance of minority voter’s rights by the constitution and the fourteenth amendment, cases of rights violation with regards to the voting process are still on the rise in the US. Minority groups are often discriminated or blocked from participating in the voting process both in ways that they can discern and through cunning plans that can involve the voting process. Some of the main reasons why minorities’ constitutional rights are violated include racial discrimination by majority races, and to manipulate the outcome of the elections so as to keep minority groups out of the political leadership structure. The fourteenth amendment and the constitution do not sufficiently safeguard the rights of minority groups during elections beca.
Zichun Gao Professor Karen Accounting 1AIBM FInancial Stat.docxransayo
Zichun Gao Professor Karen Accounting 1A
IBM FInancial Statement Analysis
Financial Ratios 2019 2018 Formula
Current Ratio 1.02 1.29 CA/CL
Profit Margin 12.22% 12.35% Net Income/Total Revenue
Receiveables Turnover 9.80 10.71 Revenue/Average AR
Average Collection Period 36.72 33.62 365/Receiveables Turnover
Inventory Turnover 25.11 25.36 COST/Average Inventory
Days in Inventory 14.53 14.39 365/Inventory Turnover
Debts to Asset Ratio 0.86 0.86 Total Debts/Total Assets
IBM's days in inventory is around two weeks and this means that goods in the inventory
as efficnetly distributed and that there is a consitantly good inventory control for the
company.
The company's debts to assets ratio is the same for two years and this means that the
company has less debt than asset. However, it is still a relatively poor ratio because this
might show that there are potential problems for the company to generate sufficient
revenue.
The current ratio of the company has decreased over the year, and this means that the
company has less liquid assets to cover its short term liabilities. Since the ratio is
currently approaching 1, the company might be having liquidation problem.
The profit margin for IBM is very stable and it has been about 12% for two years. The
company is performing the profit-generating ability at an average level and it is having
an average profit margin in the industry.
The receiveables turnover is good for the company while between these two years, there
is a decline. As the company is collecting its accounts receiveables around 10 times per
year, the collection is frequent.
The company has been collecting money from customers on credit sales approximately
once every month, and the company usually has fast credit collection, which means that
the risk for credit sales is relatively low.
Inventory turnover measures how many times a company sells and replaces inventory
during a year and for IBM, the number of times is stable and it is constantly around 25.
This means that the company has an efficient control of its goods in the inventory.
Free Cash Flow 11.90 11.90 CF_Operation-Capital Expenditures
Return on Assets 0.06 0.08 Net Income/Total Assets
Asset Turnover 0.51 0.65 Revenue/Assets
Figures From Financial Statement
From Income Statement pg.68
Net Income 9431 9828
Total Revenue 77147 79591
Cost 40657 42655
From Consolidated Balance Sheet pg.70
Current Assets 38420 49146
Current Liabilities 37701 38227
Accounts Receiveables 7870 7432
Inventory 1619 1682
Total Assets 152186 123382
Total Liabilities 131202 106452
From Cash Flow Overview pg.59
Net Cash From Op 14.3 15.6
Capital expenditures 2.4 3.7
The company currently has 11.9 billion dollars free cash flow for two years and this is a
relatively high level of free cash flow. With the high free cash flow, the company can
have more oportunity to expand, invest in new projects, pay dividends, or invest the
money into Resea.
Zheng Hes Inscription This inscription was carved on a stele erec.docxransayo
Zheng He's Inscription
This inscription was carved on a stele erected at a temple to the goddess the Celestial Spouse at Changle in Fujian province in 1431. Message written before his last voyage.
The Imperial Ming Dynasty unifying seas and continents, surpassing the three dynasties even goes beyond the Han and Tang dynasties. The countries beyond the horizon and from the ends of the earth have all become subjects and to the most western of the western or the most northern of the northern countries, however far they may be, the distance and the routes may be calculated. Thus the barbarians from beyond the seas, though their countries are truly distant, "have come to audience bearing precious objects and presents.
The Emperor, approving of their loyalty and sincerity, has ordered us (Zheng) He and others at the head of several tens of thousands of officers and flag-troops to ascend (use) more than one hundred large ships to go and confer presents on them in order to make manifest (make it happen) the transforming power of the (imperial) virtue and to treat distant people with kindness. From the third year of Yongle (1405) till now we have seven times received the commission (official permission) of ambassadors to countries of the western ocean. The barbarian countries which we have visited are: by way of Zhancheng (Champa Cambodia), Zhaowa (Java), Sanfoqi (Palembang- Indonesia) and Xianlo (Siam/Thailand) crossing straight over to Xilanshan (Ceylon- Sri Lanka) in South India, Guli (Calicut) [India], and Kezhi (Cochin India), we have gone to the western regions Hulumosi (Hormuz Between Oman and Iran), Adan (Aden), Mugudushu (Mogadishu- Somalia), altogether more than thirty countries large and small. We have traversed more than one hundred thousand li (distance of 500 meters) of immense water spaces and have beheld in the ocean huge waves like mountains rising sky-high, and we have set eyes on barbarian regions far away hidden in a blue transparency of light vapours, while our sails loftily unfurled like clouds day and night continued their course (rapid like that) of a star, traversing those savage waves as if we were treading a public thoroughfare. Truly this was due to the majesty and the good fortune of the Court and moreover we owe it to the protecting virtue of the divine Celestial Spouse.
The power of the goddess having indeed been manifested in previous times has been abundantly revealed in the present generation. When we arrived in the distant countries we captured alive those of the native kings who were not respectful and exterminated those barbarian robbers who were engaged in piracy, so that consequently the sea route was cleansed and pacified (to make someone or something peaceful) and the natives put their trust in it. All this is due to the favours of the goddess.
We have respectfully received an Imperial commemorative composition (essay/piece of writing) exalting the miraculous favours, which is the highest recompense and.
Zoe is a second grader with autism spectrum disorders. Zoe’s father .docxransayo
Zoe is a second grader with autism spectrum disorders. Zoe’s father recently passed away in a tragic car accident. Zoe, her mom, and two older brothers have temporarily relocated from out-of-state and are now living in her grandparents’ house in a small, rural community.
Because the family had been living out-of state, Zoe has never interacted with her grandparents. She has challenges responding to social cues, including her name and in understanding gestures. She also engages in repetitive body movements. She is fond of her set of dolls and likes lining them up. When Zoe is agitated, her mother plays Mozart, which seems to have a calming effect. Zoe also enjoys macaroni and cheese.
Her grandparents do not understand Zoe’s attempts at communicating. Zoe does not respond well to crowded and noisy environments. Zoe’s mom is working outside the home for the first time.
Because of the move, Zoe has transferred to a new school, which does not currently have any students with ASD. Although her mom is generally very involved with Zoe’s education, she is away from the home much of the time due to a long commute for her new job is a neighboring city.
Zoe’s grandparents are eager and willing to help in any way they can.
Imagine you are serving as an ASD consultant at Zoe’s new school. Using the COMPASS model, create a COMPASS Action Plan for Zoe by complete the following tasks:
Identify the personal challenges for Zoe;
Identify the environmental challenges for Zoe;
Identify potential supports; and
Identify and prioritize teaching goals.
In addition, include a 250-500-word rationale that explains how your action plan for Zoe demonstrates collaboration in a respectful, culturally responsive way while promoting understanding, resolving conflicts, and building consensus around her interventions.
.
Zlatan Ibrahimović – Sports Psychology
Outline
Introduction:
· General Info
· Nationality, Birthplace, Parents
· Childhood What he wanted to do growing up?
· When did he start playing professionally?
· Which teams did he play for?
· Give some of his career statistics and maybe records?
· What trophies has he won with club football and national team of Sweden?
· Style of Play
· What is his personality like? How do people see him in the media?\
·
Body Paragraphs
Connect the following Sports Psychology Concepts (or even those not listed) to Zlatan Ibrahimović
What is his personality type? Type A, B C, or D?
Give examples through research of where he shows this.
CATASTROPHE THEORY… OCCURS WHEN? WHAT DOES THE GRAPH LOOK LIKE
· Arousal: is a blend of physiological and psychological activity in a person and it refers to the intensity dimensions of motivation at a particular moment. It ranges from not aroused, to completely aroused, to highly aroused; this is when individuals are mentally and physically activated.
· Performance increases as arousal increases but when arousal gets too high performance dramatically decreases. This is usually caused by the performer becoming anxious and sometimes making wrong decisions. Catastrophes is caused by a combination of cognitive and somatic anxieties. Cognitive is the internal worries of not performing well while somatic is the physical effects of muscle tension/butterflies and fatigue through playing.
· The graph is an inverted U where the x line is the arousal and the y is the performance. Performance peaks on the top of the inverted U and the catastrophe happens in the fall of the inverted U
HIGH TRAIT ANXIETY ATHLETES… HOW DO THEY PERCEIVE COMPETITION?
· Anxiety: is a negative emotional state in which feelings of nervousness, worry and apprehension are associated with activation or arousal of the body
· Trait Anxiety: is a behavioral disposition to perceive as threatening circumstances that objectively may not be dangerous and to then respond with disproportionate state anxiety.
· Somatic Trait Anxiety: the degree to which one typically perceived heightened physical symptoms (muscle tension)
· Cognitive Trait Anxiety: the degree to which one typically worries or has self doubt
· Concentration Disruption: the degree to which one typically has concentration disruption during competition
People usually with high trait anxiety usually have more state anxiety in highly competitive evaluative situations than do people with lower trait anxiety. Example two athletes are playing basketball and both are physically and statistically the same both have to shoot a final free throw to win the game. Athlete A is more laid back which means his trait anxiety is lower and he doesn't view the final shot as a overly threatening. Athlete B has a high trait anxiety and because of that he perceives the final shot as very threatening. This has an effect on his state anxiety much more than.
Zia 2Do You Choose to AcceptYour mission, should you choose.docxransayo
Zia 2
Do You Choose to Accept?
Your mission, should you choose to accept it, is to go out and see Mission: Impossible-Fallout. As I sat back in my red-cushioned seat, accompanied by my brothers, I knew I was in for something special. The film takes place two years after two-thousand fifteens hit movie, Mission: Impossible-Rogue Nation. While I had no clue what to expect, I knew I was going to be in for an incredible ride as soon as the movie began with the intense dialogue between Ethan Hunt (Tom Cruise) and Solomon Lane (Sean Harris). From beginning to end, Mission: Impossible- Fallout delivers crazy action-thriller scenes, inventive special effects, and creative cinematography.
Mission: Impossible-Fallout is based on a story of an American agent who must retrieve nuclear weapons from an enemy terrorist organization with help of his specialized IMF team. The film was consistent the first hour with it involving the audience in the mission of the secret organization and trying to figure out the next move of the evil organization known as the Apostles. However, towards the middle of the movie it was revealed that one of the CIA agents was playing the role of a double spy and was on the side of the Apostles. The plot delivered intense action-packed scenes between the opposing groups that personally had me at the edge of my seat. Whether it was a chase on motorcycles, cars, speedboats, or helicopters, each scene had Ethan Hunt running for his life to save the world. Even though I was only viewing the movie from a comfortable movie theater, Hunt zigzagging through the traffic of France on a motorcycle had my fists clenched and adrenaline pumping. However, that was not even the best thriller of the movie. Ethan Hunt trailing Agent Walker in a helicopter with heavy rounds of artillery being fired at each other through the snowcapped mountains of Kashmir may very well be one of the best action scenes in cinematic history. Mission: Impossible-Fallout can be appreciated and enjoyed by all audiences because of its action-packed scenes that keep everyone extremely engaged in the plot.
Mission: Impossible-Fallout brilliantly illustrates the amazing special effects that serve to create the theme and style of the film. From creating bloody wounds to spectacular backgrounds, special effects are abundant throughout the movie. For instance, as Hunt is jumping off an airplane, the special effects of this scene include wind, rain, thunder, and clouds that make the film visually appealing and almost realistic. The thunder striking him as he is skydiving had my jaw wide open simply because of how incredible the illusion was displayed. In almost every fight between Hunt’s team and the Apostles, multiple types of special effects were utilized. Fighting sequences with Hunt angrily running towards Lane and delivering devastating punches accompanied by “POWs” and “AAAHs” seemed so realistic that it had me feeling queasy in my stomach. The gunfire during these fight.
Ziyao LiIAS 3753Dr. Manata HashemiWorking Title The Edu.docxransayo
Ziyao Li
IAS 3753
Dr. Manata Hashemi
Working Title:
The Education Gap
Research Question:
How did the youth of Iran make up the education gap resulted from the Cultural Revolution from 1980 to 1982?
This is a critical question because it involves both education and the youth of Iran. Education and the youth are both very fundamental perspectives for a society to thrive. During the cultural revolution, the education system was shut down, which would undermine the overall quality of a generation. Research of this issue will lead us to the methods used to make up the education gap. It is possible to help other countries suffering similar issues.
Thesis Statement:
After the Iran’s cultural revolution during 1980 to 1982, the youth of Iran made up the education gap caused during the revolution by promoting student movements.
Outline:
· Introduction:
· Cultural Revolution happened in Iran during 1980 to 1982. The education institutions like universities were shut down for the 3-year period. And this gap in education brought significant influence on the youth of Iran at that time. However, the education gap was made up successfully after the revolution.
· State the thesis statement:
· The education gap is made up by the youth in Iran. They promoted the student movement to help the society recover from the revolution.
· The scars left from the revolution
· The revolution lasted 3 years, young people who were supposed to be students had to quit school. The government forced schools to close. The chain of delivering knowledge was broken. And young people cannot find proper things to do when quitting school.
· Student movements
· After the cultural revolution, people in Iran realized they need to correct the current education situation recover the damages resulted from the revolution. Since Iran’s youth has a great number in the society, their power was not to be ignored. They started to fight for their own rights and profits. They were looking for ways to make up the damage has been down. Then the student movement eventually worked for recovering Iran’s education level.
· Conclusion
· The cultural revolution in Iran hurt its education continuity. However, the youth of Iran managed to make up for the damage caused by the cultural revolution. Student movements played the dominant role in this recovering process.
Bibliography:
Khosrow Sobhe (1982) Education in Revolution: is Iran duplicating the Chinese Cultural Revolution?, Comparative Education, 18:3, 271-280, DOI: 10.1080/0305006820180304
Mashayekhi M. The Revival of the Student Movement in Post-Revolutionary Iran. International Journal of Politics, Culture & Society. 2001;15(2):283. doi:10.1023/A:1012977219524.
Razavi, R. (2009). The Cultural Revolution in Iran, with Close Regard to the Universities, and its Impact on the Student Movement. Middle Eastern Studies, 45(1), 1–17. https://doi-org.ezproxy.lib.ou.edu/10.1080/00263200802547586
ZABARDAST, S. (2015). Flourishing of Occid.
Ziyan Huang (Jerry)
Assignment 4
Brand Positioning
Professor Gaur
Target audience:
HR in Ping An Bank Co., Ltd. HRs (interviewers who hire people) from Ping An Bank are usually female, aged 30-40, who look friendly and easy-going. They are sophisticated and skeptic when checking people’s resumes and asking questions during interview. Usually, HRs care about four things: 1. Graduate school ranking. 2. Working experience in bank 3. Oral expression. 4. Personal character. They prefer people who are enthusiastic, energetic and hard-working.
Q1:
Compared to other people who also look for jobs in Ping An Bank, my points of parity would be: 1. I have earned a master degree in a Top 40 U.S. graduate school. 2. I have some intern experience in another bank. My points of differentiation would be: 1. I am confidence in speaking and self-expression. I can serve both Chinese and American clients because I speak fluent Mandarin and English. 2. I am energetic and hard-working. I always have passion in learning something new, which is a key for me to develop working skills.
Q2:
My brand essence: “Energetic, hard-working and modest.”
Q3:
Positioning statement:
Ziyan Huang is for employers from bank,
Who look for excellent employees.
Ziyan Huang is an energetic, hard-working NYU graduate student,
That has passion in developing new working skills.
Because he can speak fluent Mandarin and English,
And have one year working experience in China Merchant Bank,
So that employers can trust him as a reliable candidate.
.
Zhtavius Moye
04/19/2019
BUSA 4126
SWOT Analysis
Dr. Setliff
PORSCHE
Strengths
· Brand Recognition
Not only a brand, but a status symbol for wealth and luxury
· Lean Factory Production
Manpower is low compared to the use of raw materials and supplies
· High Profit Share
The reputation is well-known for good treatment
Weaknesses
· Small automotive manufacture
Porsche has offered the same line of cars for years before extending.
· Limited Customer Sector
Not everyone can afford a Porsche
· Location
Since beginning of time, Porsche has been in Stuttgart, Germany. No space to expand
Opportunities
· Expansion
Deliveries increased in China by 12% but needs more in Asia, Japan, and Indonesia.
· Electric Mobility
A chance to expand Porsche name to many more industries and markets with top competitors such as Tesla.
· S1, O2: Brand recognition extends the range for profitability for the 2020 fully electric Porsche Taycan.
· S3, O1: The annual profitability of the company will encourage others to become a part of the business.
· S2, O1: The cost of a Porsche effects expansion, but by expanding to China could significantly increase rates.
· S3, O1: The location in Germany is a problem for expansion due to limited space of Stuttgart.
Threats
· Technology
Modern technology is advancing to lower cost vehicles.
· Market Competition
Vehicles with similar characteristics at lower cost.
· S3, O2: Weighing heavily on the market Porsche’s reputation will continue to stand abroad its competitors.
· S2, O1: Limited labor will call for more software developers in the more modern technology, especially introducing the fully electric Porsche Taycan.
· S1, O1: Porsche is a company that believes in staying at its classic and luxury perception to their buyers. Still giving all newly updated technology certain things such as an automatic start engine will not be an asset.
· S2, O2: Combined leaves Porsche at a limitation of customers making it hard to expand the market.
VIOLATION OF CIVIL RIGHTS ACT IN ELECTIONS 1
VIOLATION OF CIVIL RIGHTS ACT IN ELECTIONS 2
Violation of Civil Rights Act in Elections
Jake Bookard
Savannah State University
Violation of Civil Rights Act in Elections
Introduction
Despite the assurance of minority voter’s rights by the constitution and the fourteenth amendment, cases of rights violation with regards to the voting process are still on the rise in the US. Minority groups are often discriminated or blocked from participating in the voting process both in ways that they can discern and through cunning plans that can involve the voting process. Some of the main reasons why minorities’ constitutional rights are violated include racial discrimination by majority races, and to manipulate the outcome of the elections so as to keep minority groups out of the political leadership structure. The fourteenth amendment and the constitution do not sufficiently safeguard the rights of minority groups during elections beca.
Zichun Gao Professor Karen Accounting 1AIBM FInancial Stat.docxransayo
Zichun Gao Professor Karen Accounting 1A
IBM FInancial Statement Analysis
Financial Ratios 2019 2018 Formula
Current Ratio 1.02 1.29 CA/CL
Profit Margin 12.22% 12.35% Net Income/Total Revenue
Receiveables Turnover 9.80 10.71 Revenue/Average AR
Average Collection Period 36.72 33.62 365/Receiveables Turnover
Inventory Turnover 25.11 25.36 COST/Average Inventory
Days in Inventory 14.53 14.39 365/Inventory Turnover
Debts to Asset Ratio 0.86 0.86 Total Debts/Total Assets
IBM's days in inventory is around two weeks and this means that goods in the inventory
as efficnetly distributed and that there is a consitantly good inventory control for the
company.
The company's debts to assets ratio is the same for two years and this means that the
company has less debt than asset. However, it is still a relatively poor ratio because this
might show that there are potential problems for the company to generate sufficient
revenue.
The current ratio of the company has decreased over the year, and this means that the
company has less liquid assets to cover its short term liabilities. Since the ratio is
currently approaching 1, the company might be having liquidation problem.
The profit margin for IBM is very stable and it has been about 12% for two years. The
company is performing the profit-generating ability at an average level and it is having
an average profit margin in the industry.
The receiveables turnover is good for the company while between these two years, there
is a decline. As the company is collecting its accounts receiveables around 10 times per
year, the collection is frequent.
The company has been collecting money from customers on credit sales approximately
once every month, and the company usually has fast credit collection, which means that
the risk for credit sales is relatively low.
Inventory turnover measures how many times a company sells and replaces inventory
during a year and for IBM, the number of times is stable and it is constantly around 25.
This means that the company has an efficient control of its goods in the inventory.
Free Cash Flow 11.90 11.90 CF_Operation-Capital Expenditures
Return on Assets 0.06 0.08 Net Income/Total Assets
Asset Turnover 0.51 0.65 Revenue/Assets
Figures From Financial Statement
From Income Statement pg.68
Net Income 9431 9828
Total Revenue 77147 79591
Cost 40657 42655
From Consolidated Balance Sheet pg.70
Current Assets 38420 49146
Current Liabilities 37701 38227
Accounts Receiveables 7870 7432
Inventory 1619 1682
Total Assets 152186 123382
Total Liabilities 131202 106452
From Cash Flow Overview pg.59
Net Cash From Op 14.3 15.6
Capital expenditures 2.4 3.7
The company currently has 11.9 billion dollars free cash flow for two years and this is a
relatively high level of free cash flow. With the high free cash flow, the company can
have more oportunity to expand, invest in new projects, pay dividends, or invest the
money into Resea.
Zheng Hes Inscription This inscription was carved on a stele erec.docxransayo
Zheng He's Inscription
This inscription was carved on a stele erected at a temple to the goddess the Celestial Spouse at Changle in Fujian province in 1431. Message written before his last voyage.
The Imperial Ming Dynasty unifying seas and continents, surpassing the three dynasties even goes beyond the Han and Tang dynasties. The countries beyond the horizon and from the ends of the earth have all become subjects and to the most western of the western or the most northern of the northern countries, however far they may be, the distance and the routes may be calculated. Thus the barbarians from beyond the seas, though their countries are truly distant, "have come to audience bearing precious objects and presents.
The Emperor, approving of their loyalty and sincerity, has ordered us (Zheng) He and others at the head of several tens of thousands of officers and flag-troops to ascend (use) more than one hundred large ships to go and confer presents on them in order to make manifest (make it happen) the transforming power of the (imperial) virtue and to treat distant people with kindness. From the third year of Yongle (1405) till now we have seven times received the commission (official permission) of ambassadors to countries of the western ocean. The barbarian countries which we have visited are: by way of Zhancheng (Champa Cambodia), Zhaowa (Java), Sanfoqi (Palembang- Indonesia) and Xianlo (Siam/Thailand) crossing straight over to Xilanshan (Ceylon- Sri Lanka) in South India, Guli (Calicut) [India], and Kezhi (Cochin India), we have gone to the western regions Hulumosi (Hormuz Between Oman and Iran), Adan (Aden), Mugudushu (Mogadishu- Somalia), altogether more than thirty countries large and small. We have traversed more than one hundred thousand li (distance of 500 meters) of immense water spaces and have beheld in the ocean huge waves like mountains rising sky-high, and we have set eyes on barbarian regions far away hidden in a blue transparency of light vapours, while our sails loftily unfurled like clouds day and night continued their course (rapid like that) of a star, traversing those savage waves as if we were treading a public thoroughfare. Truly this was due to the majesty and the good fortune of the Court and moreover we owe it to the protecting virtue of the divine Celestial Spouse.
The power of the goddess having indeed been manifested in previous times has been abundantly revealed in the present generation. When we arrived in the distant countries we captured alive those of the native kings who were not respectful and exterminated those barbarian robbers who were engaged in piracy, so that consequently the sea route was cleansed and pacified (to make someone or something peaceful) and the natives put their trust in it. All this is due to the favours of the goddess.
We have respectfully received an Imperial commemorative composition (essay/piece of writing) exalting the miraculous favours, which is the highest recompense and.
Zhou 1Time and Memory in Two Portal Fantasies An Analys.docxransayo
Zhou 1
Time and Memory in Two Portal Fantasies: An Analysis of Alice’s Adventure in Wonderland and "Windeye"
Life is a collection of moments, and some memories last forever. Brian Evenson
demonstrated this in “Windeye,”a story of a man who faces mental challenges because of the
life-long memory of his sister. In spite of the fact that his mother insists that the sister did not
exist, the protagonist stuck to this belief until his old age. The basis of the protagonist’s
problems is the intense love and unforgettable memories he shared with his imagined sister.
A great portion of his childhood memories is centered around his sister and their exploration
of the windeye. Windeye, the corruption of the word window, is a portal that causes the
disappearance of the protagonist’s sister. The popular portal fantasy, Alice’s Adventure in Wonderland, illustrates a similar story in the same sub-genre where a girl travels through a
rabbit hole and experiences a fantasy world which chronicles her changes from naive child-
like responses to more adult-like problem solving reactions. In “Windeye,” Brian Evenson
utilizes the portal trope to develop conflict and outcomes while exploring the themes of time
and memory. In both stories, the use of the portal trope creates a distinct world that is
separate from reality; however, the outcomes are different, and ultimately, Alice’s Adventure in Wonderland presents the theme of growth while “Windeye” explores time and memories.
The use of time factors allows the reader to travel back to the origin of the story in “Windeye” and experience the beginning of the central conflict. It is in his past that the
protagonist develops strong childhood memories of a sister, which is the cause of his future
mental challenges. In the present, the narrator is old and rickety as he uses a cane to walk but
is still reminiscent of the past (Evenson). He holds firm to the belief that he might have a
chance of meeting his sister again and thus contemplates the future and the sister’s
appearance. The plot of “Windeye” is composed of distinctive life moments: the past, the
present, and the future, which offer a clear and complete description of the events. The theme
Zhou 2
of time allows the reader to understand why the protagonist profoundly feels that his sister exists. In essence, it is time travel that gives the story a picture of the events that lead to the current situation.
The portal fantasy is a fictional literary device where a character enters into a
fantastical world through a portal or a hole. In Alice’s Adventures in Wonderland, Carroll
uses a rabbit hole as a physical portal to move through time. Comparably, Evenson utilizes
the windeye, a window that can only be seen from one side, as a physical portal. When the
sister touches the windeye, her brother believes that she enters into another reality through
the portal as Alice does. In contrast, the protagonist also experiences a new reality as he is.
Zhang 1
Yixiang Zhang
Tamara Kuzmenkov
English 101
June 2, 2020
Comparing Gas-Powered Cars and Electric Cars
Electric cars have become increasingly popular in the past century. These cars use
electric motors instead of conventional gasoline engines. Electric cars pollute less and utilize
energy more efficiently than gas-powered vehicles; therefore, modern research is focusing on
improving electric vehicles, such as increasing the storage capacity of the batteries. This essay
seeks to identify the differences and similarities between the two types of cars focusing on their
performance, price, and convenience.
An electric car is a car that is primarily powered by electricity. The conventional gas-
powered cars require diesel or gasoline to power the engines. These cars have gas tanks that store
fuel and the engine converts the gas to the energy that powers the motor. Similarly, electric cars
have batteries, or fuel cells that store and convert electricity to energy used to propel electric
motors (What Are Electric Cars?). Four components present in electric cars distinguish it from
the gas-powered cars (Alternative Fuels Data Center: How Do All-Electric Cars Work?). The
first is the charge port. Since electricity powers an electric car, there has to be a port to connect
to an external power source when charging the battery. The second is an electric traction motor
that propels the vehicle. The third is a traction battery pack. This battery serves the same purpose
as the gas tank; thus, it stocks electric power to propel the motor. The forth is a direct current
converter. This component converts the current to low voltage power that is needed to power the
electric engine.
Tamara Kuzmenkov
90000001730094
You need to watch the panapto session for this paper assignment and FOLLOW the instructions I give there. Your topic sentence must follow the patterns set forth by your thesis. So, this first paragraph must have a topic sentence about GAS POWERED cars and PRICE. That is what you have set forth in your thesis. Watch the panapto session. And ask me questions if you do not understand what I mean.
Tamara Kuzmenkov
90000001730094
No, you cannot 'announce' what your essay will do. And this is NOT the thesis I approved. What I approved:"Both gas-powered cars and electric cars are now in use, but their price, performance and convenience may vary, which may influence people's decisions about which type to use."
Zhang 2
Differences between gas-powered cars and electric cars
The initial purchase price of an electric car is much higher than that of a gas-powered car.
Consumers intending to own a vehicle have the option of buying or leasing. The initial cost of a
car depends on an individual's disposable income and savings. Knez et al. noted that "When it
comes to financial features, the most important thing seems to be the total price of the vehicle"
(55). The difference in price between electr.
Zhang �1
Nick Zhang
Mr. Bethea
Lyric Peotry
13 November 2018
Reputation by Taylor Swift
After Taylor Swift fell into disrepute, she was truly reborn. As a creative singer
who reveals a lot of real life emotions and details in her works, she constantly refines
and shares her emotional connection with her audience. In her new album, people find
resonance in her work, connect it with their own lives. "Reputation" is not only the
original efforts of Taylor Swift, but also means that she turned gorgeously and
dominated. This album is like a swearing word from her to the world. Revenge fantasy,
sweet love, painful growth... all the good and bad things that happened in these stages
of life, her music seems to have gone through with us all over again.
But last August, the now 28-year-old singer declared that "the old Taylor is
dead" in her eerie single "Look What You Made Me Do," the beginning of a new era for
Swift (Weatherby). The disclosure of the society, the accusations of rumor makers,
these straight-forward lyrics shred the ugly face of those unscrupulous people. Taylor
Swift did not endure the rumors in the society, but created this rock album after the
silence. If 1989 is still what Taylor hopes to gain the understanding of the public, this
album is really a matter of opening up the past concerns, saying goodbye to the past
as well as being a true Taylor Swift. No longer caring about the so-called "reputation ",
preferring to be burned to death by those ridiculous "images." This air of newfound
jadedness is one of the many ways in which Swift broadcasts her long-overdue loss of
Zhang �2
innocence on “Reputation,” an album that captures the singer during the most
turbulent but commercially successful period of her career. (Primeau)
The cover is black and white, the picture is Taylor's head, and the side is the
newspaper's article and title words. The cover of the album may be a metaphor, it
reveals that Taylor can no longer stand the report of the gossip media, and the chain on
the neck represents depression and breathlessness. The theme and style of the album
are all refined from their own lives. The emotions and themes interpreted in her songs
make the audience feel more deeply that her album is her life. Without even using any
real words, fans can surmise what this means — a reference to the endless headlines
and stories the singer has spurred in recent years. (Primeau) Reputation, come to diss
the past and all opponents.
The lyrics and MV are full of real stalks in Taylor Swift's life , with Taylor's
resentment for circles and industry since his debut. In the era of streaming singles, she
is the rare young star who still worships at the altar of the album, an old-fashioned
instinct that serves her surprisingly well. (Battan) "Look What You Made Me Do" is a
counterattack against Kanye West and Kim Kardashian, Katy Perry and numerous
online "black mold". And .
Zero trust is a security stance for networking based on not trusting.docxransayo
The document provides an assignment to research and write a report on the zero trust security model. The report should describe the purpose of zero trust and how it differs from other models, provide an overview of how zero trust works in a network environment, and explain how zero trust incorporates least privilege access through role-based access control and attribute-based access control. The report should be around 2 pages and 600 words.
Zero plagiarism4 referencesNature offers many examples of sp.docxransayo
Zero plagiarism
4 references
Nature offers many examples of specialization and collaboration. Ant colonies and bee hives are but two examples of nature’s sophisticated organizations. Each thrives because their members specialize by tasks, divide labor, and collaborate to ensure food, safety, and general well-being of the colony or hive.
In this Discussion, you will reflect on your own observations of and/or experiences with informaticist collaboration. You will also propose strategies for how these collaborative experiences might be improved.
Of course, humans don’t fare too badly in this regard either. And healthcare is a great example. As specialists in the collection, access, and application of data, nurse informaticists collaborate with specialists on a regular basis to ensure that appropriate data is available to make decisions and take actions to ensure the general well-being of patients.
Post
a description of experiences or observations about how nurse informaticists and/or data or technology specialists interact with other professionals within your healthcare organization. Suggest at least one strategy on how these interactions might be improved. Be specific and provide examples. Then, explain the impact you believe the continued evolution of nursing informatics as a specialty and/or the continued emergence of new technologies might have on professional interactions.
.
Zero plagiarism4 referencesLearning ObjectivesStudents w.docxransayo
Zero plagiarism
4 references
Learning Objectives
Students will:
Develop diagnoses for clients receiving psychotherapy*
Analyze legal and ethical implications of counseling clients with psychiatric disorders*
* The Assignment related to this Learning Objective is introduced this week and
submitted
in
Week 4
.
Select a client whom you observed or counseled this week. Then, address the following in your Practicum Journal:
Describe the client (without violating HIPAA regulations) and identify any pertinent history or medical information, including prescribed medications.
Using the
Diagnostic and Statistical Manual of Mental Health Disorders
, 5th edition (DSM-5), explain and justify your diagnosis for this client.
Explain any legal and/or ethical implications related to counseling this client.
Support your approach with evidence-based literature.
.
Zero Plagiarism or receive a grade of a 0.Choose one important p.docxransayo
Zero Plagiarism or receive a grade of a 0.
Choose one important police function: Law enforcement, order maintenance or service, etc.
OR
Choose one important police strategy: Traditional Policing, Community Policing, Data Driven Policing, etc.
Write a research paper describing the strateugy or function in detail and discussing the significance of the strategy or function with respect to the roles in society.
Format: Title Page, Outline, Text, and References
Must have 3 sources
You can use your textbook: Cox, Steven M., et al. (2020). Introduction to Policing. Fourth Edition. Thousand Oaks, CA: SAGE Publications, Inc.
Paper must by 6 pages long
APA Style
.
ZACHARY SHEMTOB AND DAVID LATZachary Shemtob, formerly editor in.docxransayo
ZACHARY SHEMTOB AND DAVID LAT
Zachary Shemtob, formerly editor in chief of the Georgetown Law Review, is a clerk in the US District Court for the Southern District of New York. David Lat is a former federal prosecutor. Their essay originally appeared in the New York Times in 2011.
Executions Should Be Televised
Earlier this month, Georgia conducted its third execution this year. This would have passed relatively unnoticed if not for a controversy surrounding its videotaping. Lawyers for the condemned inmate, Andrew Grant DeYoung, had persuaded a judge to allow the recording of his last moments as part of an effort to obtain evidence on whether lethal injection caused unnecessary suffering.
Though he argued for videotaping, one of Mr. DeYoung’s defense lawyers, Brian Kammer, spoke out against releasing the footage to the public. “It’s a horrible thing that Andrew DeYoung had to go through,” Mr. Kammer said, “and it’s not for the public to see that.”
We respectfully disagree. Executions in the United States ought to be made public.
Right now, executions are generally open only to the press and a few select witnesses. For the rest of us, the vague contours are provided in the morning paper. Yet a functioning democracy demands maximum accountability and transparency. As long as executions remain behind closed doors, those are impossible. The people should have the right to see what is being done in their name and with their tax dollars.
This is particularly relevant given the current debate on whether specific methods of lethal injection constitute cruel and unusual punishment and therefore violate the Constitution.
There is a dramatic difference between reading or hearing of such an event and observing it through image and sound. (This is obvious to those who saw the footage of Saddam Hussein’s hanging in 2006 or the death of Neda Agha-Soltan during the protests in Iran in 2009.) We are not calling for opening executions completely to the public — conducting them before a live crowd — but rather for broadcasting them live or recording them for future release, on the web or TV.
When another Georgia inmate, Roy Blankenship, was executed in June, the prisoner jerked his head, grimaced, gasped, and lurched, according to a medical expert’s affidavit. The Atlanta Journal-Constitution reported that Mr. DeYoung, executed in the same manner, “showed no violent signs in death.” Voters should not have to rely on media accounts to understand what takes place when a man is put to death.
Cameras record legislative sessions and presidential debates, and courtrooms are allowing greater television access. When he was an Illinois state senator, President Obama successfully pressed for the videotaping of homicide interrogations and confessions. The most serious penalty of all surely demands equal if not greater scrutiny.
Opponents of our proposal offer many objections. State lawyers argued that making Mr. DeYoung’s execution public raised safety concerns..
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The document is a reflective essay written by Jiawen Zeng about improving their writing skills during their English 3001 writing proficiency course over 10 weeks. The essay discusses the most serious problems Zeng previously faced with their writing, including issues with grammar, verb tenses, and content quality. It describes Zeng's initial strategy of only focusing on highlighted mistakes, but then realizing this was not enough and starting to read more books in English and write more diverse essays. The essay reflects on Zeng meeting the university's writing requirements being just the beginning, and the need to continue improving editing skills and focusing on content, evidence, and meeting further targets.
zClass 44.8.19§ Announcements§ Go over quiz #1.docxransayo
This document summarizes a lecture on the social organization of Hindustani music. It discusses key terms like gharana (musical lineage), khandan (musical family), and the distinction between soloists and accompanists. Socially, soloists came from higher castes than accompanists. Musically, the performance structure involved a soloist leading with accompanists following. Over time, accompanists gained more prominence and independence, filling important musical roles and occasionally challenging the traditional hierarchy. Lineage and pedigree (gharana/khandan) became important for musicians' social and musical identities.
zClass 185.13.19§ Announcements§ Review of last .docxransayo
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Class 18
5.13.19
§ Announcements
§ Review of last class
§ Finish lecture on Qawwali, begin intro to Pakistan
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Announcements
§ Keshav Batish senior recital, June 5 – Extra credit
§ Exam #1 results posted
§ 2 perfect scores, 25 A’s, 46 B’s, 37 C’s, 17 D and lower
§ Summer course on Indian rhythm (second session)
§ Learn tabla and dholak!
§ Enrollment open now!
z
Last class review
§ Qawwali – “Food for the soul”
§ Sufi devotional poetry set to music
§ Performed at dargah
§ ‘Urs
z
Terms
§ Mehfil – small, intimate gatherings that involve entertainment of
various sorts, including music, poetry, dance etc.
z
Tum Ek Gorakh Dhandha Ho
§ “You are a baffling puzzle”
§ Written by Naz Khialvi (1947-2010)
§ Pakistani lyricist and radio broadcaster
§ Popularized by Ustad Nusrat Fateh Ali Khan (1948-1997)
z
Tum Ek Gorakh Dhandha Ho
kabhi yahaan tumhein dhoonda
kabhi wahaan pohancha
tumhaari deed ki khaatir kahaan
kahaan pohancha
ghareeb mit gaye paamaal ho
gaye lekin
kisi talak na tera aaj tak nishaan
pohancha
ho bhi naheen aur har ja ho
tum ik gorakh dhanda ho
At times I searched for you here,
at times I traveled there
For the sake of seeing You, how
far I have come!
Similar wanderers wiped away
and ruined, but
Your sign has still not reached
anyone
You are not, yet You are
everywhere
You are a baffling puzzle
z
Bhar Do Jholi Meri
§ Traditional song
§ Popularized in movie “Bajrangi Bhaijaan” (2015)
z
Bhar Do Jholi Meri
Tere Darbaar Mein
Dil Thaam Ke Woh Aata Hai
Jisko Tu Chaahe
Hey Nabi Tu Bhulata Hai
Tere Dar Pe Sar Jhukaaye
Main Bhi Aaya Hoon
Jiski Bigdi Haye
Nabi Chaahe Tu Banata Hai
Bhar Do Jholi Meri Ya Mohammad
Lautkar Main Naa Jaunga Khaali
They come into Your court
clenching their hearts
Those people whom You desire to
see , O Prophet!
I’ve also come to Your door with
my head bowed down
You’re the One who can fix
broken fates, O Prophet!
Please fill my lap, O Prophet!
I won’t go back empty handed
z
Ustad Nusrat Fateh Ali Khan
(1948-1997)
§ Pakistani vocalist
§ Sang classical (khyāl) but more famous as a Qawwali singer
§ Brought classical performance techniques to Qawwali
§ Visiting artist at University of Washington from 1992-93
§ Legacy carried on through his nephew, Rahat Fateh Ali Khan
z
Introduction to Pakistan
Badshahi Mosque, Lahore
Built in 1671 by Emperor Aurangzeb
z
Pakistan
§ Prominent Bronze Age (3000-1500BCE) settlements of Mohenjo
Daro and Harrapa along Indus River Valley
§ Hinduism widespread during Vedic Age (1500-500BCE)
§ Ruled by series of Hindu, Buddhist, and eventually Muslim
(Persian) dynasties
§ Islam introduced by Sufi missionaries from 7th to 13th centuries
§ Ethnically and linguistically diverse
z
Indus Valley civilization
z
Pakistan ethnicities
z
Modern India and Pakistan
§ By the end of 19th century British rule was in effect over much of
old Mughal Empire territory
§ The Hindu and Muslim divide among this territory was be.
Zach Wrote My employer has several methods for obtaining inform.docxransayo
Zach Wrote:
My employer has several methods for obtaining information from associates to help identify and solve problems, specifically interviews, surveys, and observations. Known as “fireside chats,” our one-on-one interview method randomly selects five different associates each month and provides them with a 45-minute, uninterrupted meeting with the executive director. During this interview, the executive director asks a series of predetermined questions developed to probe for honest and transparent opinions of issues and conditions within the community. Once those questions are discussed, the associate is given the opportunity to share any other items that were not mentioned previously. By randomly selecting a small number of associates each month, the issues developing in the community are shared from a cross-section of the team allowing for differing perspectives on the same concern.
Surveys are conducted annually or bi-annually to collect predetermined data for the purposes of (1) tracking progress on existing concerns and (2) identifying the manifestation of new concerns. The surveys come from the home office to address concerns that affect the entire company. Since there is a significant number of employees for whom English is a second language, the survey is offered in English and Spanish so as many people as possible can provide answers in their native tongue. Unfortunately, because many of employees are of low socio-economic status, distributing the survey electronically has mixed results – many employees do not have easy access to technology while others simply do not know who to use it. To help with this problem, employees are encouraged to complete surveys onsite using company tablets.
Finally, observations allow us “to collect data on actual behavior rather than reports of people’s behavior” (Anderson, 2016, p. 151). We do not use this a primary source of data gathering; rather, informal and formal observations give us the opportunity to confirm reports first-hand. Unofficially and informally, I will often observe goings-on to try identifying potential concerns so we can implement interventions before preemptively.
Reference:
Anderson, D. L. (20161108). Organization Development, 4th Edition [VitalSource Bookshelf version]. Retrieved from vbk://9781506363929
Odella Wrote:
I am an EHR program analyst. Part of my job description is to train the providers and front/back office on the database. Part of the organizational development is to collecting data, which is an essential and substantial step in this development. According to Anderson, 2020, p. 158, as a trainer, I used the surveys and questionnaires method. Before, I started at the organization, they did not have a functional training mechanism. When I built the training curriculum, I incorporated a survey that the employees would take. The survey consisted on the how, what and why of the training portion. The training that the employees received was essential to .
yythft
Phase 4 Discussion Board
Deliverable Length:
See Assignment Details
Details:
Reminder: Initial Discussion Board posts due by Wednesday, responses due by Sunday
Students will be expected to post their first initial discussion board posting by Wednesday of each week. Discussion posts will be graded and late submissions will be assigned a late penalty in accordance with the late penalty policy found in the syllabus. NOTE: All submission posting times are based on midnight Central Time.
Students are expected to post their responses to peers by Sunday. NOTE: All submission posting times are based on midnight Central Time.
Primary Task Response
:
There are twelve poems in the anthology to read:
"Questions My Son Asked Me, Answers I Never Gave Him" by Nancy Willard
"First Snow" by Mary Oliver
"The Road Not Taken" by Robert Frost
"In Just" by E.E. Cummings
"Harlem" by Langston Hughes
"One Art" by Elizabeth Bishop
"Do Not Go Gentle into that Good Night" by Dylan Thomas
"How Do I Love Thee, Let me Count the Ways" by Elizabeth Barrett Browning
"What Work Is" by Philip Levine
"The World is Too Much With Us" by William Wordsworth
"Cinderella" by Anne Sexton
"Let Evening Come" Jane Kenyon
Note: If you find a poem in the anthology that speaks more directly to you, you may substitute it in your Discussion Board essay. ·
Pick the poem that speaks to you, meaning the one that captures an essence of feeling, emotion, or experience that moves you or speaks your truth. Write a brief piece explaining why you chose the poem and what it evokes in you.
·
Comment on how brief, intense imagery and rhythm can encapsulate big ideas and call up profound reactions in people. Poetry is the art of capturing human experience through images and metaphors. It communicates the heart of the matter without spelling it out.
Discuss why people need to express their experiences for others to understand.
Discuss why people feel the urge to make meaning or sense of their lives.
.
Yükseltürk, E., Altıok, S., & Başer, Z. (2018). Using Game-Bas.docxransayo
Yükseltürk, E., Altıok, S., & Başer, Z. (2018). Using Game-Based Learning with Kinect Technology in Foreign Language
Education Course. Educational Technology & Society, 21 (3), 159–173.
159
ISSN 1436-4522 (online) and 1176-3647 (print). This article of the Journal of Educational Technology & Society is available under Creative Commons CC-BY-ND-NC
3.0 license (https://creativecommons.org/licenses/by-nc-nd/3.0/). For further queries, please contact Journal Editors at [email protected]
Using Game-Based Learning with Kinect Technology in Foreign Language
Education Course
Erman Yükseltürk1*, Serhat Altıok1 and Zeynep Başer2
1Department of Computer Education and Instructional Technologies, Kırıkkale University, Turkey // 2School of
Foreign Languages, Kırıkkale University, Turkey // [email protected] // [email protected] //
[email protected]
*Corresponding author
ABSTRACT
The present study investigates the effects of game-based language learning with Kinect technology on
students’ self-efficacy beliefs and attitudes toward English. The study was conducted at a state university
located in Central Turkey. Foreign language education is promoted in Turkey, yet because of several
factors, among which weekly hours of teaching, and student motivation prevail, and students still cannot
develop their language skills. The literature shows that these problems might be minimized making use of
technological advancements effectively in the classroom. Therefore, game-based language learning,
through which students carry out meaningful tasks based on real-life scenarios to develop their
communication skills, is getting an increasing attention. In this study, a pre-test/post-test quasi-experimental
study was conducted. Participants were the first-year students taking English as a compulsory course. In
total, there were 62 participants. The instruments included two questionnaires measuring self-efficacy
beliefs and attitude toward English. The results revealed that there was a significant positive increase in
some sub-factors of attitude and self-efficacy scores of the students in the experimental group compared to
the average scores of the students in the control group. The study explains why game-based learning
activities with Kinect technology should be integrated into the foreign language courses.
Keywords
Foreign language education, Game-based learning, Kinect, Higher education
Introduction
In today's globalizing world, individuals are encouraged to learn other languages so that they can improve
themselves and keep pace with developments and changes around the world. Especially in Europe, there is an
increasing effort in foreign language learning. However, it still remains a challenge to reach to the native-like
level of proficiency. The literature shows that there are a number of factors playing a role in that, among which
crowded classrooms, employing traditional methods, inappropriate assessmen.
Yuval Noah Harari, in the interview we watched earlier, stressed.docxransayo
Yuval Noah Harari, in the interview we watched earlier, stressed the importance of reinventing ourselves.
Why does he feel that reinvention is crucial to our success in life?
What role can education play in helping us learn to adapt to rapid technological changes?
According to Harari, how has the educational system been like a stone house? How does he see it now?
How can you prepare yourselves for a rapidly changing world?
Grading: 1 point for responding to each question thoughtfully. 1 point for correct grammar, spelling, and punctuation. Total: 5 pts.
Previous
Next
.
YURIKO SAITOThe Moral Dimension of Japanese Aesthetics.docxransayo
YURIKO SAITO
The Moral Dimension of Japanese Aesthetics
Japanese aesthetics was first introduced to the
non-Japanese audience around the turn of the
twentieth century through now classic works, such
as Bushidō (1899), The Ideals of the East (1904),
and The Book of Tea (1907), all written in En-
glish and published in the United States.1 Since
then, Japanese aesthetic concepts, such as wabi,
sabi, yūgen, iki, and mono no aware, have be-
come better known, some even popularized to-
day.2 Some traditional Japanese art media, such
as flower arrangement, Noh theater, haiku, mar-
tial arts, and, perhaps most prominently, tea cere-
mony, are now widely studied and sometimes prac-
ticed outside of Japan. The authors of all these
studies generally characterize Japanese aesthet-
ics by focusing on aesthetic concepts and phe-
nomena that are “unique to” Japan and “differ-
ent from” non-Japanese aesthetic traditions, the
Western aesthetic tradition in particular.
Meanwhile, recent scholarship in Japanese
studies examines the historical and political con-
text during the rapid process of Westernization
(late nineteenth century through early twentieth
century) that prompted Japanese intellectuals at
the time to rediscover and reaffirm the character,
and sometimes superiority, of their own cultural
tradition and values, particularly aesthetics. Some
argue that, whether consciously or not, this pro-
motion of cultural nationalism paved the way for
the political ultra-nationalism that was the ideo-
logical underpinning of colonialism.3
Despite recent efforts to introduce, popularize,
or contextualize Japanese aesthetics, uncharted
territories remain. In this paper I explore one such
area: the moral dimension of Japanese aesthet-
ics. I characterize the long-held Japanese aesthetic
tradition to be morally based by promoting re-
spect, care, and consideration for others, both hu-
mans and nonhumans. Although both moral and
aesthetic dimensions of Japanese culture have, in-
dependently, received considerable attention by
scholars of Japanese aesthetics, culture, and soci-
ety, the relationship between the two has yet to
be articulated. One reason may be that there is no
specific term in either Japanese or English to cap-
ture its content. Furthermore, although this moral
dimension of aesthetic life is specifically incorpo-
rated in some arts, such as the tea ceremony and
haiku, it is deeply entrenched in people’s daily,
mundane activities and thoroughly integrated with
everyday life, rendering it rather invisible. Simi-
larly, contemporary discourse on morality has not
given much consideration to this aesthetic mani-
festation of moral values, despite the emergence
of feminist ethics, ethics of care, and virtue ethics.
Although they emphasize humility, care, and con-
siderateness, discourses on feminist ethics primar-
ily address actions or persons, not the aesthetic
qualities of the works they produce.
Japanese aesthetics suggests several ways for
culti.
Yuming Liu
1630005
Professor Arthur
Writ 2-Essay One
Oct 31,2018
Xxx
Hi Katharine Mitchell,
I am Jessica Waldorf, a scholar research in Sex and Gender for 5 years, who just travel to Santa Cruz. And I write this paper for suggesting that UCSC should add a new major or some courses for students, which deal with the topic of Sex and Gender.
Over the last couple of years, significant changes have taken place in the world. As the world has entered the “Internet Age”, it has changed the entire face of the world, how life used to be and how things are right now. With this border context, some emerging problems which might be only cared for by a small group of people might evolve a heated discussion. Nowadays, with more and more incident and city news came out, like Harvey Weinstein’s and Trump’s sexual harassment news, more and more people start to care about “Sex and Gender” problems. What’s more, recently, in the scientific community, interdisciplinary research become a general trend of subject development. Because of this, the research of “Sex and Gender” as a cross-disciplinary subject must have more and more scientists to commit. The importance of Sex and Gender research can also be understood by the statement of Carol Colaterlla who is the associate dean at the Ivan Allen CLA and also co-director of the Center for the Study of Technology at the Georgia Institute of Technology, “Gender students as a field illustrates the potential of interdisciplinary scholarship in today’s scientific and technical university” (Carol, 2014). How can we miss the chance to build up such a subject, which is popular and have scientific research value, in such a beautiful campus?
In the United States, sex and gender education has always remained a hot debate or issue. “While the debate about sex and gender studies are mostly related to grad school and high school, there were rarely any talk about the discussion of sex and gender course at the collegiate level or graduation level” (Sollie, Donna & Kaetz, 1992). This actually tells a lot about as educationists and as a nation, we have failed to understand the importance of this education for students and how it will help them in the rest of their lives. Because of the resource available nowadays, there remains no reason why gender and sex courses should not become a part of educational institutions and teach to students. This is a humble effort of convincing the school to include gender and sex courses in their curriculum and play their part in educating students and prepare them for life completely. It should be taught as an essential course to all students – regardless of their fields. Just like language composition, report writing and math is taught to every student, sex and gender courses should also be introduced in the school. This task can be accomplished by creating multiple courses that meet the health science general education requirements. Although, we are always debate about when sex education shoul.
Yusuf M.XX XXX RoadEast Brunswick, New Jersey 08816[email pr.docxransayo
Yusuf M.
XX XXX Road
East Brunswick, New Jersey 08816
[email protected]
16 June 2018
Tomara Baker
Grants Management Specialist
5600 Fishers Lane
Rockville, MD 20857
240-276-1407
[email protected]
Dear Ms. Baker,
My name is Yusuf M. and I am a visiting student at Rutgers University. After having conducted years of research on mental wellness with renowned health psychologist Dr. David Creswell, I’ve gained an increased awareness for the growing mental health crisis that plagues this country and a greater appreciation for the amazing work that organizations like SAMHSA are doing. As you know, mental health concerns are more serious and prevalent in today's society than ever before, yet not enough is being done about them. At Rutgers University, I’ve thoroughly investigated this issue from both the student’s and administration’s perspectives to put together a comprehensive plan, detailed in the attached proposal, that utilizes both a strong online presence and mental health education to reach as many students as possible.
Currently, there are about 43 million Americans with mental illness and almost half of them aren’t seeking the treatment they need due to a lack of access to care or sufficient funds, fear of being labeled as mentally ill and/or not knowing where or how to seek help. For college student specifically, a whopping 80% of them aren’t seeking treatment. This is because, in addition to the reasons mentioned earlier, many universities like Rutgers can’t meet the growing demand for mental health services, and instead of reaching out to students, they have taken a reactive approach and have become triage services that quickly “treat” students as they come in.
In order to make it easier for Rutgers students to learn about and use available mental health services and to diminish the negative stigma that deters many from getting help, I have devised a research-based plan that pulls effective strategies from the latest research and successful models. The first and second phases of my plan ensure that all students understand what mental illness is as well as how and why they should seek treatment. The third phase not only adds on another layer of support, but also breaks down many of the barriers to seeking treatment. Please take your time to read through my attached proposal. If you have any questions or concerns, feel free to contact me at 732-664-4498. I look forward to hearing from you soon!
Sincerely,
Yusuf M.
Three-Pronged Approach to Addressing the College Mental Health Crisis:
------------------------------------------------------------------------------------------------
The Rutgers Edition
Submitted By: Yusuf M.
Submitted To:
Tomara Baker
Grants Management Specialist
5600 Fishers Lane
Rockville, MD 20857
240-276-1407
[email protected]
Prepared for:
Completed: 30th of July, 2018
Abstract
This proposal is focused on finding an effective solution for dealing with the current rise of mental health issues. It starts off by.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
Zhou 1Time and Memory in Two Portal Fantasies An Analys.docxransayo
Zhou 1
Time and Memory in Two Portal Fantasies: An Analysis of Alice’s Adventure in Wonderland and "Windeye"
Life is a collection of moments, and some memories last forever. Brian Evenson
demonstrated this in “Windeye,”a story of a man who faces mental challenges because of the
life-long memory of his sister. In spite of the fact that his mother insists that the sister did not
exist, the protagonist stuck to this belief until his old age. The basis of the protagonist’s
problems is the intense love and unforgettable memories he shared with his imagined sister.
A great portion of his childhood memories is centered around his sister and their exploration
of the windeye. Windeye, the corruption of the word window, is a portal that causes the
disappearance of the protagonist’s sister. The popular portal fantasy, Alice’s Adventure in Wonderland, illustrates a similar story in the same sub-genre where a girl travels through a
rabbit hole and experiences a fantasy world which chronicles her changes from naive child-
like responses to more adult-like problem solving reactions. In “Windeye,” Brian Evenson
utilizes the portal trope to develop conflict and outcomes while exploring the themes of time
and memory. In both stories, the use of the portal trope creates a distinct world that is
separate from reality; however, the outcomes are different, and ultimately, Alice’s Adventure in Wonderland presents the theme of growth while “Windeye” explores time and memories.
The use of time factors allows the reader to travel back to the origin of the story in “Windeye” and experience the beginning of the central conflict. It is in his past that the
protagonist develops strong childhood memories of a sister, which is the cause of his future
mental challenges. In the present, the narrator is old and rickety as he uses a cane to walk but
is still reminiscent of the past (Evenson). He holds firm to the belief that he might have a
chance of meeting his sister again and thus contemplates the future and the sister’s
appearance. The plot of “Windeye” is composed of distinctive life moments: the past, the
present, and the future, which offer a clear and complete description of the events. The theme
Zhou 2
of time allows the reader to understand why the protagonist profoundly feels that his sister exists. In essence, it is time travel that gives the story a picture of the events that lead to the current situation.
The portal fantasy is a fictional literary device where a character enters into a
fantastical world through a portal or a hole. In Alice’s Adventures in Wonderland, Carroll
uses a rabbit hole as a physical portal to move through time. Comparably, Evenson utilizes
the windeye, a window that can only be seen from one side, as a physical portal. When the
sister touches the windeye, her brother believes that she enters into another reality through
the portal as Alice does. In contrast, the protagonist also experiences a new reality as he is.
Zhang 1
Yixiang Zhang
Tamara Kuzmenkov
English 101
June 2, 2020
Comparing Gas-Powered Cars and Electric Cars
Electric cars have become increasingly popular in the past century. These cars use
electric motors instead of conventional gasoline engines. Electric cars pollute less and utilize
energy more efficiently than gas-powered vehicles; therefore, modern research is focusing on
improving electric vehicles, such as increasing the storage capacity of the batteries. This essay
seeks to identify the differences and similarities between the two types of cars focusing on their
performance, price, and convenience.
An electric car is a car that is primarily powered by electricity. The conventional gas-
powered cars require diesel or gasoline to power the engines. These cars have gas tanks that store
fuel and the engine converts the gas to the energy that powers the motor. Similarly, electric cars
have batteries, or fuel cells that store and convert electricity to energy used to propel electric
motors (What Are Electric Cars?). Four components present in electric cars distinguish it from
the gas-powered cars (Alternative Fuels Data Center: How Do All-Electric Cars Work?). The
first is the charge port. Since electricity powers an electric car, there has to be a port to connect
to an external power source when charging the battery. The second is an electric traction motor
that propels the vehicle. The third is a traction battery pack. This battery serves the same purpose
as the gas tank; thus, it stocks electric power to propel the motor. The forth is a direct current
converter. This component converts the current to low voltage power that is needed to power the
electric engine.
Tamara Kuzmenkov
90000001730094
You need to watch the panapto session for this paper assignment and FOLLOW the instructions I give there. Your topic sentence must follow the patterns set forth by your thesis. So, this first paragraph must have a topic sentence about GAS POWERED cars and PRICE. That is what you have set forth in your thesis. Watch the panapto session. And ask me questions if you do not understand what I mean.
Tamara Kuzmenkov
90000001730094
No, you cannot 'announce' what your essay will do. And this is NOT the thesis I approved. What I approved:"Both gas-powered cars and electric cars are now in use, but their price, performance and convenience may vary, which may influence people's decisions about which type to use."
Zhang 2
Differences between gas-powered cars and electric cars
The initial purchase price of an electric car is much higher than that of a gas-powered car.
Consumers intending to own a vehicle have the option of buying or leasing. The initial cost of a
car depends on an individual's disposable income and savings. Knez et al. noted that "When it
comes to financial features, the most important thing seems to be the total price of the vehicle"
(55). The difference in price between electr.
Zhang �1
Nick Zhang
Mr. Bethea
Lyric Peotry
13 November 2018
Reputation by Taylor Swift
After Taylor Swift fell into disrepute, she was truly reborn. As a creative singer
who reveals a lot of real life emotions and details in her works, she constantly refines
and shares her emotional connection with her audience. In her new album, people find
resonance in her work, connect it with their own lives. "Reputation" is not only the
original efforts of Taylor Swift, but also means that she turned gorgeously and
dominated. This album is like a swearing word from her to the world. Revenge fantasy,
sweet love, painful growth... all the good and bad things that happened in these stages
of life, her music seems to have gone through with us all over again.
But last August, the now 28-year-old singer declared that "the old Taylor is
dead" in her eerie single "Look What You Made Me Do," the beginning of a new era for
Swift (Weatherby). The disclosure of the society, the accusations of rumor makers,
these straight-forward lyrics shred the ugly face of those unscrupulous people. Taylor
Swift did not endure the rumors in the society, but created this rock album after the
silence. If 1989 is still what Taylor hopes to gain the understanding of the public, this
album is really a matter of opening up the past concerns, saying goodbye to the past
as well as being a true Taylor Swift. No longer caring about the so-called "reputation ",
preferring to be burned to death by those ridiculous "images." This air of newfound
jadedness is one of the many ways in which Swift broadcasts her long-overdue loss of
Zhang �2
innocence on “Reputation,” an album that captures the singer during the most
turbulent but commercially successful period of her career. (Primeau)
The cover is black and white, the picture is Taylor's head, and the side is the
newspaper's article and title words. The cover of the album may be a metaphor, it
reveals that Taylor can no longer stand the report of the gossip media, and the chain on
the neck represents depression and breathlessness. The theme and style of the album
are all refined from their own lives. The emotions and themes interpreted in her songs
make the audience feel more deeply that her album is her life. Without even using any
real words, fans can surmise what this means — a reference to the endless headlines
and stories the singer has spurred in recent years. (Primeau) Reputation, come to diss
the past and all opponents.
The lyrics and MV are full of real stalks in Taylor Swift's life , with Taylor's
resentment for circles and industry since his debut. In the era of streaming singles, she
is the rare young star who still worships at the altar of the album, an old-fashioned
instinct that serves her surprisingly well. (Battan) "Look What You Made Me Do" is a
counterattack against Kanye West and Kim Kardashian, Katy Perry and numerous
online "black mold". And .
Zero trust is a security stance for networking based on not trusting.docxransayo
The document provides an assignment to research and write a report on the zero trust security model. The report should describe the purpose of zero trust and how it differs from other models, provide an overview of how zero trust works in a network environment, and explain how zero trust incorporates least privilege access through role-based access control and attribute-based access control. The report should be around 2 pages and 600 words.
Zero plagiarism4 referencesNature offers many examples of sp.docxransayo
Zero plagiarism
4 references
Nature offers many examples of specialization and collaboration. Ant colonies and bee hives are but two examples of nature’s sophisticated organizations. Each thrives because their members specialize by tasks, divide labor, and collaborate to ensure food, safety, and general well-being of the colony or hive.
In this Discussion, you will reflect on your own observations of and/or experiences with informaticist collaboration. You will also propose strategies for how these collaborative experiences might be improved.
Of course, humans don’t fare too badly in this regard either. And healthcare is a great example. As specialists in the collection, access, and application of data, nurse informaticists collaborate with specialists on a regular basis to ensure that appropriate data is available to make decisions and take actions to ensure the general well-being of patients.
Post
a description of experiences or observations about how nurse informaticists and/or data or technology specialists interact with other professionals within your healthcare organization. Suggest at least one strategy on how these interactions might be improved. Be specific and provide examples. Then, explain the impact you believe the continued evolution of nursing informatics as a specialty and/or the continued emergence of new technologies might have on professional interactions.
.
Zero plagiarism4 referencesLearning ObjectivesStudents w.docxransayo
Zero plagiarism
4 references
Learning Objectives
Students will:
Develop diagnoses for clients receiving psychotherapy*
Analyze legal and ethical implications of counseling clients with psychiatric disorders*
* The Assignment related to this Learning Objective is introduced this week and
submitted
in
Week 4
.
Select a client whom you observed or counseled this week. Then, address the following in your Practicum Journal:
Describe the client (without violating HIPAA regulations) and identify any pertinent history or medical information, including prescribed medications.
Using the
Diagnostic and Statistical Manual of Mental Health Disorders
, 5th edition (DSM-5), explain and justify your diagnosis for this client.
Explain any legal and/or ethical implications related to counseling this client.
Support your approach with evidence-based literature.
.
Zero Plagiarism or receive a grade of a 0.Choose one important p.docxransayo
Zero Plagiarism or receive a grade of a 0.
Choose one important police function: Law enforcement, order maintenance or service, etc.
OR
Choose one important police strategy: Traditional Policing, Community Policing, Data Driven Policing, etc.
Write a research paper describing the strateugy or function in detail and discussing the significance of the strategy or function with respect to the roles in society.
Format: Title Page, Outline, Text, and References
Must have 3 sources
You can use your textbook: Cox, Steven M., et al. (2020). Introduction to Policing. Fourth Edition. Thousand Oaks, CA: SAGE Publications, Inc.
Paper must by 6 pages long
APA Style
.
ZACHARY SHEMTOB AND DAVID LATZachary Shemtob, formerly editor in.docxransayo
ZACHARY SHEMTOB AND DAVID LAT
Zachary Shemtob, formerly editor in chief of the Georgetown Law Review, is a clerk in the US District Court for the Southern District of New York. David Lat is a former federal prosecutor. Their essay originally appeared in the New York Times in 2011.
Executions Should Be Televised
Earlier this month, Georgia conducted its third execution this year. This would have passed relatively unnoticed if not for a controversy surrounding its videotaping. Lawyers for the condemned inmate, Andrew Grant DeYoung, had persuaded a judge to allow the recording of his last moments as part of an effort to obtain evidence on whether lethal injection caused unnecessary suffering.
Though he argued for videotaping, one of Mr. DeYoung’s defense lawyers, Brian Kammer, spoke out against releasing the footage to the public. “It’s a horrible thing that Andrew DeYoung had to go through,” Mr. Kammer said, “and it’s not for the public to see that.”
We respectfully disagree. Executions in the United States ought to be made public.
Right now, executions are generally open only to the press and a few select witnesses. For the rest of us, the vague contours are provided in the morning paper. Yet a functioning democracy demands maximum accountability and transparency. As long as executions remain behind closed doors, those are impossible. The people should have the right to see what is being done in their name and with their tax dollars.
This is particularly relevant given the current debate on whether specific methods of lethal injection constitute cruel and unusual punishment and therefore violate the Constitution.
There is a dramatic difference between reading or hearing of such an event and observing it through image and sound. (This is obvious to those who saw the footage of Saddam Hussein’s hanging in 2006 or the death of Neda Agha-Soltan during the protests in Iran in 2009.) We are not calling for opening executions completely to the public — conducting them before a live crowd — but rather for broadcasting them live or recording them for future release, on the web or TV.
When another Georgia inmate, Roy Blankenship, was executed in June, the prisoner jerked his head, grimaced, gasped, and lurched, according to a medical expert’s affidavit. The Atlanta Journal-Constitution reported that Mr. DeYoung, executed in the same manner, “showed no violent signs in death.” Voters should not have to rely on media accounts to understand what takes place when a man is put to death.
Cameras record legislative sessions and presidential debates, and courtrooms are allowing greater television access. When he was an Illinois state senator, President Obama successfully pressed for the videotaping of homicide interrogations and confessions. The most serious penalty of all surely demands equal if not greater scrutiny.
Opponents of our proposal offer many objections. State lawyers argued that making Mr. DeYoung’s execution public raised safety concerns..
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Zeng Jiawen ZengChenxia Zhu English 3001-015292017Refl.docxransayo
The document is a reflective essay written by Jiawen Zeng about improving their writing skills during their English 3001 writing proficiency course over 10 weeks. The essay discusses the most serious problems Zeng previously faced with their writing, including issues with grammar, verb tenses, and content quality. It describes Zeng's initial strategy of only focusing on highlighted mistakes, but then realizing this was not enough and starting to read more books in English and write more diverse essays. The essay reflects on Zeng meeting the university's writing requirements being just the beginning, and the need to continue improving editing skills and focusing on content, evidence, and meeting further targets.
zClass 44.8.19§ Announcements§ Go over quiz #1.docxransayo
This document summarizes a lecture on the social organization of Hindustani music. It discusses key terms like gharana (musical lineage), khandan (musical family), and the distinction between soloists and accompanists. Socially, soloists came from higher castes than accompanists. Musically, the performance structure involved a soloist leading with accompanists following. Over time, accompanists gained more prominence and independence, filling important musical roles and occasionally challenging the traditional hierarchy. Lineage and pedigree (gharana/khandan) became important for musicians' social and musical identities.
zClass 185.13.19§ Announcements§ Review of last .docxransayo
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Class 18
5.13.19
§ Announcements
§ Review of last class
§ Finish lecture on Qawwali, begin intro to Pakistan
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Announcements
§ Keshav Batish senior recital, June 5 – Extra credit
§ Exam #1 results posted
§ 2 perfect scores, 25 A’s, 46 B’s, 37 C’s, 17 D and lower
§ Summer course on Indian rhythm (second session)
§ Learn tabla and dholak!
§ Enrollment open now!
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Last class review
§ Qawwali – “Food for the soul”
§ Sufi devotional poetry set to music
§ Performed at dargah
§ ‘Urs
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Terms
§ Mehfil – small, intimate gatherings that involve entertainment of
various sorts, including music, poetry, dance etc.
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Tum Ek Gorakh Dhandha Ho
§ “You are a baffling puzzle”
§ Written by Naz Khialvi (1947-2010)
§ Pakistani lyricist and radio broadcaster
§ Popularized by Ustad Nusrat Fateh Ali Khan (1948-1997)
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Tum Ek Gorakh Dhandha Ho
kabhi yahaan tumhein dhoonda
kabhi wahaan pohancha
tumhaari deed ki khaatir kahaan
kahaan pohancha
ghareeb mit gaye paamaal ho
gaye lekin
kisi talak na tera aaj tak nishaan
pohancha
ho bhi naheen aur har ja ho
tum ik gorakh dhanda ho
At times I searched for you here,
at times I traveled there
For the sake of seeing You, how
far I have come!
Similar wanderers wiped away
and ruined, but
Your sign has still not reached
anyone
You are not, yet You are
everywhere
You are a baffling puzzle
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Bhar Do Jholi Meri
§ Traditional song
§ Popularized in movie “Bajrangi Bhaijaan” (2015)
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Bhar Do Jholi Meri
Tere Darbaar Mein
Dil Thaam Ke Woh Aata Hai
Jisko Tu Chaahe
Hey Nabi Tu Bhulata Hai
Tere Dar Pe Sar Jhukaaye
Main Bhi Aaya Hoon
Jiski Bigdi Haye
Nabi Chaahe Tu Banata Hai
Bhar Do Jholi Meri Ya Mohammad
Lautkar Main Naa Jaunga Khaali
They come into Your court
clenching their hearts
Those people whom You desire to
see , O Prophet!
I’ve also come to Your door with
my head bowed down
You’re the One who can fix
broken fates, O Prophet!
Please fill my lap, O Prophet!
I won’t go back empty handed
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Ustad Nusrat Fateh Ali Khan
(1948-1997)
§ Pakistani vocalist
§ Sang classical (khyāl) but more famous as a Qawwali singer
§ Brought classical performance techniques to Qawwali
§ Visiting artist at University of Washington from 1992-93
§ Legacy carried on through his nephew, Rahat Fateh Ali Khan
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Introduction to Pakistan
Badshahi Mosque, Lahore
Built in 1671 by Emperor Aurangzeb
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Pakistan
§ Prominent Bronze Age (3000-1500BCE) settlements of Mohenjo
Daro and Harrapa along Indus River Valley
§ Hinduism widespread during Vedic Age (1500-500BCE)
§ Ruled by series of Hindu, Buddhist, and eventually Muslim
(Persian) dynasties
§ Islam introduced by Sufi missionaries from 7th to 13th centuries
§ Ethnically and linguistically diverse
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Indus Valley civilization
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Pakistan ethnicities
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Modern India and Pakistan
§ By the end of 19th century British rule was in effect over much of
old Mughal Empire territory
§ The Hindu and Muslim divide among this territory was be.
Zach Wrote My employer has several methods for obtaining inform.docxransayo
Zach Wrote:
My employer has several methods for obtaining information from associates to help identify and solve problems, specifically interviews, surveys, and observations. Known as “fireside chats,” our one-on-one interview method randomly selects five different associates each month and provides them with a 45-minute, uninterrupted meeting with the executive director. During this interview, the executive director asks a series of predetermined questions developed to probe for honest and transparent opinions of issues and conditions within the community. Once those questions are discussed, the associate is given the opportunity to share any other items that were not mentioned previously. By randomly selecting a small number of associates each month, the issues developing in the community are shared from a cross-section of the team allowing for differing perspectives on the same concern.
Surveys are conducted annually or bi-annually to collect predetermined data for the purposes of (1) tracking progress on existing concerns and (2) identifying the manifestation of new concerns. The surveys come from the home office to address concerns that affect the entire company. Since there is a significant number of employees for whom English is a second language, the survey is offered in English and Spanish so as many people as possible can provide answers in their native tongue. Unfortunately, because many of employees are of low socio-economic status, distributing the survey electronically has mixed results – many employees do not have easy access to technology while others simply do not know who to use it. To help with this problem, employees are encouraged to complete surveys onsite using company tablets.
Finally, observations allow us “to collect data on actual behavior rather than reports of people’s behavior” (Anderson, 2016, p. 151). We do not use this a primary source of data gathering; rather, informal and formal observations give us the opportunity to confirm reports first-hand. Unofficially and informally, I will often observe goings-on to try identifying potential concerns so we can implement interventions before preemptively.
Reference:
Anderson, D. L. (20161108). Organization Development, 4th Edition [VitalSource Bookshelf version]. Retrieved from vbk://9781506363929
Odella Wrote:
I am an EHR program analyst. Part of my job description is to train the providers and front/back office on the database. Part of the organizational development is to collecting data, which is an essential and substantial step in this development. According to Anderson, 2020, p. 158, as a trainer, I used the surveys and questionnaires method. Before, I started at the organization, they did not have a functional training mechanism. When I built the training curriculum, I incorporated a survey that the employees would take. The survey consisted on the how, what and why of the training portion. The training that the employees received was essential to .
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Phase 4 Discussion Board
Deliverable Length:
See Assignment Details
Details:
Reminder: Initial Discussion Board posts due by Wednesday, responses due by Sunday
Students will be expected to post their first initial discussion board posting by Wednesday of each week. Discussion posts will be graded and late submissions will be assigned a late penalty in accordance with the late penalty policy found in the syllabus. NOTE: All submission posting times are based on midnight Central Time.
Students are expected to post their responses to peers by Sunday. NOTE: All submission posting times are based on midnight Central Time.
Primary Task Response
:
There are twelve poems in the anthology to read:
"Questions My Son Asked Me, Answers I Never Gave Him" by Nancy Willard
"First Snow" by Mary Oliver
"The Road Not Taken" by Robert Frost
"In Just" by E.E. Cummings
"Harlem" by Langston Hughes
"One Art" by Elizabeth Bishop
"Do Not Go Gentle into that Good Night" by Dylan Thomas
"How Do I Love Thee, Let me Count the Ways" by Elizabeth Barrett Browning
"What Work Is" by Philip Levine
"The World is Too Much With Us" by William Wordsworth
"Cinderella" by Anne Sexton
"Let Evening Come" Jane Kenyon
Note: If you find a poem in the anthology that speaks more directly to you, you may substitute it in your Discussion Board essay. ·
Pick the poem that speaks to you, meaning the one that captures an essence of feeling, emotion, or experience that moves you or speaks your truth. Write a brief piece explaining why you chose the poem and what it evokes in you.
·
Comment on how brief, intense imagery and rhythm can encapsulate big ideas and call up profound reactions in people. Poetry is the art of capturing human experience through images and metaphors. It communicates the heart of the matter without spelling it out.
Discuss why people need to express their experiences for others to understand.
Discuss why people feel the urge to make meaning or sense of their lives.
.
Yükseltürk, E., Altıok, S., & Başer, Z. (2018). Using Game-Bas.docxransayo
Yükseltürk, E., Altıok, S., & Başer, Z. (2018). Using Game-Based Learning with Kinect Technology in Foreign Language
Education Course. Educational Technology & Society, 21 (3), 159–173.
159
ISSN 1436-4522 (online) and 1176-3647 (print). This article of the Journal of Educational Technology & Society is available under Creative Commons CC-BY-ND-NC
3.0 license (https://creativecommons.org/licenses/by-nc-nd/3.0/). For further queries, please contact Journal Editors at [email protected]
Using Game-Based Learning with Kinect Technology in Foreign Language
Education Course
Erman Yükseltürk1*, Serhat Altıok1 and Zeynep Başer2
1Department of Computer Education and Instructional Technologies, Kırıkkale University, Turkey // 2School of
Foreign Languages, Kırıkkale University, Turkey // [email protected] // [email protected] //
[email protected]
*Corresponding author
ABSTRACT
The present study investigates the effects of game-based language learning with Kinect technology on
students’ self-efficacy beliefs and attitudes toward English. The study was conducted at a state university
located in Central Turkey. Foreign language education is promoted in Turkey, yet because of several
factors, among which weekly hours of teaching, and student motivation prevail, and students still cannot
develop their language skills. The literature shows that these problems might be minimized making use of
technological advancements effectively in the classroom. Therefore, game-based language learning,
through which students carry out meaningful tasks based on real-life scenarios to develop their
communication skills, is getting an increasing attention. In this study, a pre-test/post-test quasi-experimental
study was conducted. Participants were the first-year students taking English as a compulsory course. In
total, there were 62 participants. The instruments included two questionnaires measuring self-efficacy
beliefs and attitude toward English. The results revealed that there was a significant positive increase in
some sub-factors of attitude and self-efficacy scores of the students in the experimental group compared to
the average scores of the students in the control group. The study explains why game-based learning
activities with Kinect technology should be integrated into the foreign language courses.
Keywords
Foreign language education, Game-based learning, Kinect, Higher education
Introduction
In today's globalizing world, individuals are encouraged to learn other languages so that they can improve
themselves and keep pace with developments and changes around the world. Especially in Europe, there is an
increasing effort in foreign language learning. However, it still remains a challenge to reach to the native-like
level of proficiency. The literature shows that there are a number of factors playing a role in that, among which
crowded classrooms, employing traditional methods, inappropriate assessmen.
Yuval Noah Harari, in the interview we watched earlier, stressed.docxransayo
Yuval Noah Harari, in the interview we watched earlier, stressed the importance of reinventing ourselves.
Why does he feel that reinvention is crucial to our success in life?
What role can education play in helping us learn to adapt to rapid technological changes?
According to Harari, how has the educational system been like a stone house? How does he see it now?
How can you prepare yourselves for a rapidly changing world?
Grading: 1 point for responding to each question thoughtfully. 1 point for correct grammar, spelling, and punctuation. Total: 5 pts.
Previous
Next
.
YURIKO SAITOThe Moral Dimension of Japanese Aesthetics.docxransayo
YURIKO SAITO
The Moral Dimension of Japanese Aesthetics
Japanese aesthetics was first introduced to the
non-Japanese audience around the turn of the
twentieth century through now classic works, such
as Bushidō (1899), The Ideals of the East (1904),
and The Book of Tea (1907), all written in En-
glish and published in the United States.1 Since
then, Japanese aesthetic concepts, such as wabi,
sabi, yūgen, iki, and mono no aware, have be-
come better known, some even popularized to-
day.2 Some traditional Japanese art media, such
as flower arrangement, Noh theater, haiku, mar-
tial arts, and, perhaps most prominently, tea cere-
mony, are now widely studied and sometimes prac-
ticed outside of Japan. The authors of all these
studies generally characterize Japanese aesthet-
ics by focusing on aesthetic concepts and phe-
nomena that are “unique to” Japan and “differ-
ent from” non-Japanese aesthetic traditions, the
Western aesthetic tradition in particular.
Meanwhile, recent scholarship in Japanese
studies examines the historical and political con-
text during the rapid process of Westernization
(late nineteenth century through early twentieth
century) that prompted Japanese intellectuals at
the time to rediscover and reaffirm the character,
and sometimes superiority, of their own cultural
tradition and values, particularly aesthetics. Some
argue that, whether consciously or not, this pro-
motion of cultural nationalism paved the way for
the political ultra-nationalism that was the ideo-
logical underpinning of colonialism.3
Despite recent efforts to introduce, popularize,
or contextualize Japanese aesthetics, uncharted
territories remain. In this paper I explore one such
area: the moral dimension of Japanese aesthet-
ics. I characterize the long-held Japanese aesthetic
tradition to be morally based by promoting re-
spect, care, and consideration for others, both hu-
mans and nonhumans. Although both moral and
aesthetic dimensions of Japanese culture have, in-
dependently, received considerable attention by
scholars of Japanese aesthetics, culture, and soci-
ety, the relationship between the two has yet to
be articulated. One reason may be that there is no
specific term in either Japanese or English to cap-
ture its content. Furthermore, although this moral
dimension of aesthetic life is specifically incorpo-
rated in some arts, such as the tea ceremony and
haiku, it is deeply entrenched in people’s daily,
mundane activities and thoroughly integrated with
everyday life, rendering it rather invisible. Simi-
larly, contemporary discourse on morality has not
given much consideration to this aesthetic mani-
festation of moral values, despite the emergence
of feminist ethics, ethics of care, and virtue ethics.
Although they emphasize humility, care, and con-
siderateness, discourses on feminist ethics primar-
ily address actions or persons, not the aesthetic
qualities of the works they produce.
Japanese aesthetics suggests several ways for
culti.
Yuming Liu
1630005
Professor Arthur
Writ 2-Essay One
Oct 31,2018
Xxx
Hi Katharine Mitchell,
I am Jessica Waldorf, a scholar research in Sex and Gender for 5 years, who just travel to Santa Cruz. And I write this paper for suggesting that UCSC should add a new major or some courses for students, which deal with the topic of Sex and Gender.
Over the last couple of years, significant changes have taken place in the world. As the world has entered the “Internet Age”, it has changed the entire face of the world, how life used to be and how things are right now. With this border context, some emerging problems which might be only cared for by a small group of people might evolve a heated discussion. Nowadays, with more and more incident and city news came out, like Harvey Weinstein’s and Trump’s sexual harassment news, more and more people start to care about “Sex and Gender” problems. What’s more, recently, in the scientific community, interdisciplinary research become a general trend of subject development. Because of this, the research of “Sex and Gender” as a cross-disciplinary subject must have more and more scientists to commit. The importance of Sex and Gender research can also be understood by the statement of Carol Colaterlla who is the associate dean at the Ivan Allen CLA and also co-director of the Center for the Study of Technology at the Georgia Institute of Technology, “Gender students as a field illustrates the potential of interdisciplinary scholarship in today’s scientific and technical university” (Carol, 2014). How can we miss the chance to build up such a subject, which is popular and have scientific research value, in such a beautiful campus?
In the United States, sex and gender education has always remained a hot debate or issue. “While the debate about sex and gender studies are mostly related to grad school and high school, there were rarely any talk about the discussion of sex and gender course at the collegiate level or graduation level” (Sollie, Donna & Kaetz, 1992). This actually tells a lot about as educationists and as a nation, we have failed to understand the importance of this education for students and how it will help them in the rest of their lives. Because of the resource available nowadays, there remains no reason why gender and sex courses should not become a part of educational institutions and teach to students. This is a humble effort of convincing the school to include gender and sex courses in their curriculum and play their part in educating students and prepare them for life completely. It should be taught as an essential course to all students – regardless of their fields. Just like language composition, report writing and math is taught to every student, sex and gender courses should also be introduced in the school. This task can be accomplished by creating multiple courses that meet the health science general education requirements. Although, we are always debate about when sex education shoul.
Yusuf M.XX XXX RoadEast Brunswick, New Jersey 08816[email pr.docxransayo
Yusuf M.
XX XXX Road
East Brunswick, New Jersey 08816
[email protected]
16 June 2018
Tomara Baker
Grants Management Specialist
5600 Fishers Lane
Rockville, MD 20857
240-276-1407
[email protected]
Dear Ms. Baker,
My name is Yusuf M. and I am a visiting student at Rutgers University. After having conducted years of research on mental wellness with renowned health psychologist Dr. David Creswell, I’ve gained an increased awareness for the growing mental health crisis that plagues this country and a greater appreciation for the amazing work that organizations like SAMHSA are doing. As you know, mental health concerns are more serious and prevalent in today's society than ever before, yet not enough is being done about them. At Rutgers University, I’ve thoroughly investigated this issue from both the student’s and administration’s perspectives to put together a comprehensive plan, detailed in the attached proposal, that utilizes both a strong online presence and mental health education to reach as many students as possible.
Currently, there are about 43 million Americans with mental illness and almost half of them aren’t seeking the treatment they need due to a lack of access to care or sufficient funds, fear of being labeled as mentally ill and/or not knowing where or how to seek help. For college student specifically, a whopping 80% of them aren’t seeking treatment. This is because, in addition to the reasons mentioned earlier, many universities like Rutgers can’t meet the growing demand for mental health services, and instead of reaching out to students, they have taken a reactive approach and have become triage services that quickly “treat” students as they come in.
In order to make it easier for Rutgers students to learn about and use available mental health services and to diminish the negative stigma that deters many from getting help, I have devised a research-based plan that pulls effective strategies from the latest research and successful models. The first and second phases of my plan ensure that all students understand what mental illness is as well as how and why they should seek treatment. The third phase not only adds on another layer of support, but also breaks down many of the barriers to seeking treatment. Please take your time to read through my attached proposal. If you have any questions or concerns, feel free to contact me at 732-664-4498. I look forward to hearing from you soon!
Sincerely,
Yusuf M.
Three-Pronged Approach to Addressing the College Mental Health Crisis:
------------------------------------------------------------------------------------------------
The Rutgers Edition
Submitted By: Yusuf M.
Submitted To:
Tomara Baker
Grants Management Specialist
5600 Fishers Lane
Rockville, MD 20857
240-276-1407
[email protected]
Prepared for:
Completed: 30th of July, 2018
Abstract
This proposal is focused on finding an effective solution for dealing with the current rise of mental health issues. It starts off by.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
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This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
How to Make a Field Mandatory in Odoo 17Celine George
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Main Java[All of the Base Concepts}.docxadhitya5119
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This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
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There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
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Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
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Iván Bornacelly, Policy Analyst at the OECD Centre for Skills, OECD, presents at the webinar 'Tackling job market gaps with a skills-first approach' on 12 June 2024
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
2. "Ginger and Fred" for violation of Lanham Act infringement of
common-law rights of publicity and privacy. The United States
District Court for the Southern District of New York, Robert W.
Sweet, J., 695 F.Supp. 112, granted defense motions for
summary judgment, and appeal was taken. The Court of
Appeals, Jon O. Newman, Circuit Judge, held that: (1) title of
movie "Ginger and Fred" gave no explicit indication that Ginger
Rogers endorsed film or had role in producing it, and thus was
not false advertising of sponsorship or endorsement in violation
of Lanham Act, and (2) movie title was closely related to
content of movie and was not disguised advertisement for sale
of goods or services or collateral commercial product, and thus
did not violate Oregon law right of publicity.
Affirmed.
Griesa, District Judge, sitting by designation, filed opinion
concurring in result.
West Headnotes
[1] Trademarks 1043
382Tk1043Most Cited Cases
(Formerly 382k331)
Expressive elements of titles of books or movies require more
protection under Lanham Act than labeling of ordinary
commercial products. Lanham Trade-Mark
Act, § 43(a), 15 U.S.C.A. § 1125(a).
[2] Constitutional Law 90.1(1)
92k90.1(1)Most Cited Cases
(Formerly 382k331)
Because overextension of Lanham Act restrictions in areas of
titles of books or movies might intrude on First Amendment
values, Act must be construed narrowly to avoid such conflict.
Lanham Trade-Mark Act, § 43(a), 15 U.S.C.A. § 1125(a);
3. U.S.C.A. Const.Amend. 1.
[3] Trademarks 1524(1)
382Tk1524(1)Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
[3] Constitutional Law 90.1(1)
92k90.1(1)Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
"No alternative avenues" of communication standard does not
sufficiently accommodate public's interest in free expression in
determining whether use of celebrity's name in movie or book
title violates Lanham Act, while rule that Lanham Act is
inapplicable to all titles that can be considered artistic
expression does not sufficiently protect public against flagrant
deception; rather, Act applies to such use only when public
interest in avoiding consumer confusion outweighs public
interest in free expression. Lanham Trade-Mark Act, § 43(a),
15 U.S.C.A. § 1125(a); U.S.C.A. Const.Amend. 1.
[4] Trademarks 1524(1)
382Tk1524(1)Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
[4] Antitrust and Trade Regulation 38
29Tk38Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
[4] Constitutional Law 90.1(1)
92k90.1(1)Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
Lanham Act should be construed to apply to artistic works only
where public interest in avoiding consumer confusion outweighs
public interest in free expression. Lanham Trade-Mark Act, §
43(a), 15 U.S.C.A. § 1125(a); U.S.C.A. Const.Amend. 1.
4. [5] Trademarks 1524(1)
382Tk1524(1)Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
[5] Constitutional Law 90.1(1)
92k90.1(1)Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
In context of allegedly misleading titles of books or movies
using celebrity's name, balance of public interest in avoiding
consumer confusion against public interest in free expression
will normally not support application of Lanham Act unless title
has no artistic relevance to underlying work whatsoever or, if it
has some artistic relevance, unless title explicitly misleads as to
source or content of work. Lanham Trade-Mark Act, § 43(a),
15 U.S.C.A. § 1125(a); U.S.C.A. Const.Amend. 1.
[6] Trademarks 1524(1)
382Tk1524(1)Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
[6] Constitutional Law 90.1(1)
92k90.1(1)Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
Misleading title of book or movie with artistic relevance cannot
be sufficiently justified by free expression interest, and could
be found to violate Lanham Act. Lanham Trade-Mark Act, §
43(a), 15 U.S.C.A. § 1125(a); U.S.C.A. Const.Amend. 1.
[7] Trademarks 1108
382Tk1108Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
Even where title of movie or book surpasses appropriately low
threshold of
minimal artistic relevance but is explicitly misleading as to
source or content, violation of Lanham Act can be found if
explicit references are used in title and are false as applied to
5. underlying work. Lanham Trade-Mark Act, § 43(a), 15
U.S.C.A. § 1125(a); U.S.C.A. Const.Amend. 1.
[8] Trademarks 1106
382Tk1106Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
Title including well-known name without any overt indication
of authorship or endorsement does not violate Lanham Act, even
if suggestion of endorsement or authorship is false, if title is
artistically relevant to work. Lanham Trade-Mark Act, § 43(a),
15 U.S.C.A. § 1125(a); U.S.C.A. Const.Amend. 1.
[9] Trademarks 1108
382Tk1108Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
Lanham Act can be applied to a title with at least minimal
artistic relevance to work if title contains explicit statements
about content of work that are seriously misleading. Lanham
Trade-Mark Act, § 43(a), 15 U.S.C.A. § 1125(a); U.S.C.A.
Const.Amend. 1.
[10] Trademarks 1109
382Tk1109Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
Titles with celebrity's name but making no explicit statement
that work is about that person in any direct sense does not
violate Lanham Act if title has at least minimal artistic
relevance to work. Lanham Trade-Mark Act, § 43(a), 15
U.S.C.A. § 1125(a); U.S.C.A. Const.Amend. 1.
[11] Trademarks 1106
382Tk1106Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
Title of movie "Ginger and Fred" gave no explicit indication
that Ginger Rogers endorsed film or had role in producing it,
and thus was not false advertising of sponsorship or
6. endorsement in violation of Lanham Act; central characters in
film were "Ginger" and "Fred," and names were not arbitrarily
chosen to exploit publicity value of real life counterparts.
Lanham Trade-Mark Act, § 43(a), 15 U.S.C.A. § 1125(a);
U.S.C.A. Const.Amend. 1.
[12] Trademarks 1109
382Tk1109Most Cited Cases
(Formerly 382k870(2), 382k870.1 Trade Regulation)
Movie title "Ginger and Fred" was integral element of film and
filmmaker's artistic expression, and possibility that film might
mislead consumers into believing that film was about Ginger
Rogers and Fred Astaire was not a false description of content
in violation of Lanham Act. Lanham Trade-Mark Act, § 43(a),
15 U.S.C.A. § 1125(a); U.S.C.A. Const.Amend. 1.
[13] Federal Courts 390
170Bk390Most Cited Cases
[13] Torts 327
379k327Most Cited Cases
(Formerly 379k2)
State right of publicity claim brought by plaintiff who was
Oregon domiciliary in New York court was governed by Oregon
law under New York choice of law rules, but, since there were
no reported decisions of any Oregon court on right of publicity
claim, federal court was required to engage in task of predicting
what New York courts would predict Oregon courts would rule
as to contours of right of publicity under Oregon law.
[14] Action 17
13k17Most Cited Cases
New York courts as matter of substantive interpretation presume
that unsettled law of another state would resemble New York's
but examine law of other jurisdiction and that of other states, as
well as their own, in making ultimate determination as to likely
7. future content of other jurisdiction's law.
[15] Torts 384
379k384Most Cited Cases
(Formerly 379k8.5(6))
Common-law right of publicity, where recognized, grants
celebrities exclusive right to control commercial value of their
names and to prevent others from exploiting them without
permission; right of publicity has no likelihood of confusion
requirement.
[16] Torts 388
379k388Most Cited Cases
(Formerly 379k8.5(6))
Movie title "Ginger and Fred" was closely related to content of
movie and was not disguised advertisement for sale of goods or
services or collateral commercial product, and thus, use of title
did not violate Ginger Rogers' right of publicity under Oregon
law.
[17] Torts 388
379k388Most Cited Cases
(Formerly 379k8.5(6))
Right of publicity under Oregon law does not bar use of
celebrity's name in movie title unless title is wholly unrelated to
movie or simply disguised as commercial advertisement for sale
of goods or services.
[18] Torts 354
379k354Most Cited Cases
(Formerly 379k8.5(5.1), 379k8.5(5))
Movie titled "Ginger and Fred" was not about Ginger Rogers,
and thus, she was not entitled to recover for false light
defamation, despite claim that film portrayed her falsely by
depicting dance pair in tawdry and "seedy" manner;
film was about pair of fictional characters who were like Ginger
8. Rogers and Fred Astaire only in their imagination and eyes of
fictional audience.
*996 Barry G. Saretsky, New York City (Steven J. Ahmuty,
Alan G. Katz, Debra J. Guzov, and Bower & Gardner, New
York City, on the brief), for plaintiff-appellant.
Stephen F. Huff, New York City (Tom J. Ferber, Charles B.
McKenna, and Pryor, Cashman, Sherman & Flynn, New York
City, on the brief), for defendants-appellees.
Before NEWMAN and ALTIMARI, Circuit Judges, and
GRIESA, District Judge. [FN*]
FN* The Honorable Thomas P. Griesa of the United States
District Court for the Southern District of New York, sitting by
designation.
JON O. NEWMAN, Circuit Judge:
Appellant Ginger Rogers and the late Fred Astaire are among
the most famous duos in show business history. Through their
incomparable performances in Hollywood musicals, Ginger
Rogers and Fred Astaire established themselves as paragons of
style, elegance, and grace. A testament to their international
recognition, and a key circumstance in this case, is the fact that
Rogers and Astaire are among that small elite of the
entertainment world whose identities are readily called to mind
by just their first names, particularly the pairing "Ginger and
Fred." This appeal presents a conflict between Rogers' right to
protect her celebrated name and the right of others to express
themselves freely in their own artistic work. Specifically, we
must decide whether Rogers can prevent the use of the title
"Ginger and Fred" for a fictional movie that only obliquely
relates to Rogers and Astaire.
Rogers appeals from an order of the District Court for the
9. Southern District of New York (Robert W. Sweet, Judge)
dismissing on summary judgment her claims that defendants-
appellees Alberto Grimaldi, MGM/UA Entertainment Co., and
PEA Produzioni Europee Associate, S.R.L., producers and
distributors of the motion picture "Ginger and Fred," violated
the Lanham Act, 15 U.S.C. § 1125(a) (1982), and infringed her
common law rights of publicity and privacy. Rogers v.
Grimaldi, 695 F.Supp. 112 (S.D.N.Y.1988). Although we
disagree with some of the reasoning of the District Court, we
affirm.
Background
Appellant Rogers has been an international celebrity for more
than fifty years. In 1940, she won an Academy Award for her
performance in the motion picture "Kitty Foyle." Her principal
fame was established in a series of motion pictures in which she
co-starred with Fred Astaire in the 1930s and 1940s, including
"Top Hat" and "The Barkleys of Broadway."
There can be no dispute that Rogers' name has enormous
drawing power in the entertainment world. Rogers has also
used her name once for a commercial enterprise other than her
show business career. In the mid-1970s, she licensed J.C.
Penney, Inc. to produce a line of GINGER ROGERS lingerie.
Rogers is also writing her autobiography, which she hopes to
publish and possibly sell for adaptation as a movie.
In March 1986, appellees produced and distributed in the
United States and Europe a film entitled "Ginger and Fred,"
[FN1] created and directed by famed Italian film-maker
Federico Fellini. The film tells the story of two fictional
Italian cabaret performers, Pippo and Amelia, who, in their
heyday, *997 imitated Rogers and Astaire and became known in
Italy as "Ginger and Fred." The film focuses on a televised
reunion of Pippo and Amelia, many years after their retirement.
Appellees describe the film as the bittersweet story of these two
10. fictional dancers and as a satire of contemporary television
variety shows.
FN1. Rogers contends that the title is "Ginger and Fred," while
appellees contend that it is "Federico Fellini's 'Ginger and Fred.'
" Without deciding the issue, we accept Rogers' contention for
purposes of this appeal.
The film received mixed reviews and played only briefly in its
first run in the United States. Shortly after distribution of the
film began, Rogers brought this suit, seeking permanent
injunctive relief and money damages. Her complaint alleged
that the defendants (1) violated section 43(a) of the Lanham
Act, 15 U.S.C. § 1125(a) (1982), by creating the false
impression that the film was about her or that she sponsored,
endorsed, or was otherwise involved in the film, (2) violated her
common law right of publicity, and (3) defamed her and
violated her right to privacy by depicting her in a false light.
After two years of discovery, the defendants moved for
summary judgment. In opposition to the motion, Rogers
submitted a market research survey purporting to establish that
the title "Ginger and Fred" misled potential movie viewers as to
Rogers' connection with the film. Rogers also provided
anecdotal evidence of confusion, including the fact that when
MGM/UA publicists first heard the film's title (and before they
saw the movie), they began gathering old photographs of Rogers
and Astaire for possible use in an advertising campaign.
The District Court granted summary judgment to the
defendants. Judge Sweet found that defendants' use of Rogers'
first name in the title and screenplay of the film was an exercise
of artistic expression rather than commercial speech. 695
F.Supp. at 120. He then held that "[b]ecause the speech at
issue here is not primarily intended to serve a commercial
purpose, the prohibitions of the Lanham Act do not apply, and
11. the Film is entitled to the full scope of protection under the
First Amendment." Id. at 120-21. The District Judge also held
that First Amendment concerns barred Rogers' state law right of
publicity claim. Id. at 124. He also rejected Rogers' "false
light" claim without elaboration.
Discussion
I. Lanham Act
Section 43(a) of the Lanham Act creates civil liability for
Any person who shall affix, apply, or annex, or use in
connection with any goods or services ... a false designation of
origin, or any false description or representation ... and shall
cause such goods or services to enter into commerce....
15 U.S.C. § 1125(a) (1982).
The District Court ruled that because of First Amendment
concerns, the Lanham Act cannot apply to the title of a motion
picture where the title is "within the realm of artistic
expression," 695 F.Supp. at 120, and is not "primarily intended
to serve a commercial purpose," id. at 121. Use of the title
"Ginger and Fred" did not violate the Act, the Court concluded,
because of the undisputed artistic relevance of the title to the
content of the film. Id. at 120. In effect, the District Court's
ruling would create a nearly absolute privilege for movie titles,
insulating them from Lanham Act claims as long as the film
itself is an artistic work, and the title is relevant to the film's
content. We think that approach unduly narrows the scope of
the Act.
Movies, plays, books, and songs are all indisputably works of
artistic expression and deserve protection. Nonetheless, they
are also sold in the commercial marketplace like other more
utilitarian products, making the danger of consumer deception a
legitimate concern that warrants some government regulation.
See Central Hudson Gas & Electric v. Public
12. ServiceCommission, 447 U.S. 557, 563, 100 S.Ct. 2343, 2350,
65 L.Ed.2d 341 (1980) ( "The government may ban forms of
communication more likely to deceive the public than inform it
..."); Vidal Sassoon, Inc. v. Bristol-Myers Co., 661 F.2d 272,
276 n. 8 (2d Cir.1981). Poetic license is not without limits.
The purchaser of a book, like the purchaser of a can of peas, has
a right not to be misled as to the source of the product. *998
Thus, it is well established that where the title of a movie or a
book has acquired secondary meaning--that is, where the title is
sufficiently well known that consumers associate it with a
particular author's work--the holder of the rights to that title
may prevent the use of the same or confusingly similar titles by
other authors. See, e.g., Warner Bros. Pictures, Inc. v.
Majestic Pictures Corp., 70 F.2d 310 (2d Cir.1934); Orion
Pictures Co. v. Dell Publishing Co., 471 F.Supp. 392
(S.D.N.Y.1979); Dawn Associates v. Links, 4 Media L.Rep.
(BNA) 1642, 1645- 46 (N.D.Ill.1978). Indeed, it would be
ironic if, in the name of the First Amendment, courts did not
recognize the right of authors to protect titles of their creative
work against infringement by other authors. Cf. Harper &
Row, Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 556-
60, 105 S.Ct. 2218, 2228-30, 85 L.Ed.2d 588 (1985) (noting that
copyright law fosters free expression by protecting the right of
authors to receive compensation for their work).
[1] Though First Amendment concerns do not insulate titles of
artistic works from all Lanham Act claims, such concerns must
nonetheless inform our consideration of the scope of the Act as
applied to claims involving such titles. [FN2] Titles, like the
artistic works they identify, are of a hybrid nature, combining
artistic expression and commercial promotion. The title of a
movie may be both an integral element of the film-maker's
expression as well as a significant means of marketing the film
to the public. The artistic and commercial elements of titles
are inextricably intertwined. Film-makers and authors
frequently rely on word-play, ambiguity, irony, and allusion in
13. titling their works. Furthermore, their interest in freedom of
artistic expression is shared by their audience. The subtleties
of a title can enrich a reader's or a viewer's understanding of a
work. Consumers of artistic works thus have a dual interest:
They have an interest in not being misled and they also have an
interest in enjoying the results of the author's freedom of
expression. For all these reasons, the expressive element of
titles requires more protection than the labeling of ordinary
commercial products. [FN3]
FN2. Several law review articles in recent years have explored
the issue of First Amendment limits on trademark protection.
See Denicola, Trademarks as Speech: Constitutional
Implications of the Emerging Rationales for the Protection of
Trade Symbols, 1982 Wis.L.Rev. 158 (1982); Dorsen, Satiric
Appropriation and the Law of Libel, Trademark, and Copyright:
Remedies Without Wrongs,65 B.U.L.Rev. 923, 949-52 (1985);
Note, Trademark Parody: A Fair Use and First Amendment
Analysis, 72 Va.L.Rev. 1079 (1986); Kravitz, Trademarks,
Speech, and the Gay Olympics Case, 69 B.U.L.Rev. 131 (1989).
FN3. In other respects, trademark law has also accorded greater
leeway for the use of titles than for names of ordinary
commercial products, thus allowing breathing space for free
expression. A confusingly similar title will not be deemed
infringing unless the title alleged to be infringed, even if
arbitrary or fanciful, has acquired secondary meaning. See 1 J.
McCarthy, Trademarks and Unfair Competition § 10.2 (1984).
[2] Because overextension of Lanham Act restrictions in the
area of titles might intrude on First Amendment values, we must
construe the Act narrowly to avoid such a conflict. See
Silverman v. CBS, 870 F.2d 40, 48 (2d Cir.1989); Stop The
Olympic Prison v. United States Olympic Committee, 489
F.Supp. 1112 (S.D.N.Y.1980); cf. Edward J. DeBartolo Corp.
v. Florida Gulf Coast Building & Trades Council, 485 U.S. 568,
14. 108 S.Ct. 1392, 1397, 99 L.Ed.2d 645 (1988) ("[T]he Court will
construe [a] statute to avoid [serious constitutional problems]
unless such construction is plainly contrary to the intent of
Congress.").
Rogers contends that First Amendment concerns are implicated
only where a title is so intimately related to the subject matter
of a work that the author has no alternative means of expressing
what the work is about. This "no alternative avenues of
communication" standard derives from Lloyd Corp. v. Tanner,
407 U.S. 551, 566-67, 92 S.Ct. 2219, 2227-28, 33 L.Ed.2d 131
(1972), and has been applied by several courts in the trademark
context. See, e.g., Mutual of Omaha Insurance Co. v. Novak,
836 F.2d 397, 402 (8th Cir.1987), cert. *999 denied,488 U.S.
933, 109 S.Ct. 326, 102 L.Ed.2d 344 (1988); Reddy
Communications, Inc. v. Environmental Action Foundation, 199
U.S.P.Q. (BNA) 630, 634 (D.D.C.1977) ("[W]e do not see how
defendant's First Amendment rights will be severely hampered
if this one arrow is removed from its quiver.").
In the context of titles, this "no alternative" standard provides
insufficient leeway for literary expression. In Lloyd, the issue
was whether the First Amendment provided war protesters with
the right to distribute leaflets on a shopping center owner's
property. The Supreme Court held that it did not. But a
restriction on the location of a speech is different from a
restriction on the words the speaker may use. See Denicola,
supra, at 197. As the Supreme Court has noted, albeit in a
different context, "[W]e cannot indulge the facile assumption
that one can forbid particular words without running a
substantial risk of suppressing ideas in the process." Cohen v.
California, 403 U.S. 15, 26, 91 S.Ct. 1780, 1788, 29 L.Ed.2d
284 (1971). [FN4]
FN4. This Circuit employed the "no alternative avenues of
communication" standard in Dallas Cowboys Cheerleaders, Inc.
15. v. Pussycat Cinema, Ltd., 604 F.2d 200, 206 (2d Cir.1979). As
we stated in Silverman, however, that case involved a
pornographic movie with blatantly false advertising. 870 F.2d
at 48 n. 5. Advertisements for the movie were explicitly
misleadingly, stating that the principal actress in the movie was
a former Dallas Cowboys' cheerleader. We do not read Dallas
Cowboys Cheerleaders as generally precluding all consideration
of First Amendment concerns whenever an allegedly infringing
author has "alternative avenues of communication."
[3][4][5] Thus, the "no alternative avenues" test does not
sufficiently accommodate the public's interest in free
expression, while the District Court's rule--that the Lanham Act
is inapplicable to all titles that can be considered artistic
expression--does not sufficiently protect the public against
flagrant deception. We believe that in general the Act should
be construed to apply to artistic works only where the public
interest in avoiding consumer confusion outweighs the public
interest in free expression. In the context of allegedly
misleading titles using a celebrity's name, that balance will
normally not support application of the Act unless the title has
no artistic relevance to the underlying work whatsoever, or, if it
has some artistic relevance, unless the title explicitly misleads
as to the source or the content of the work. [FN5]
FN5. This limiting construction would not apply to misleading
titles that are confusingly similar to other titles. The public
interest in sparing consumers this type of confusion outweighs
the slight public interest in permitting authors to use such titles.
[6] The reasons for striking the balance in this manner require
some explanation. A misleading title with no artistic relevance
cannot be sufficiently justified by a free expression interest.
For example, if a film-maker placed the title "Ginger and Fred"
on a film to which it had no artistic relevance at all, the
arguably misleading suggestions as to source or content
16. implicitly conveyed by the title could be found to violate the
Lanham Act as to such a film.
[7] Even where a title surpassed the appropriately low threshold
of minimal artistic relevance but was explicitly misleading as to
source or content, a violation could be found. To illustrate,
some titles--such as "Nimmer on Copyright" and "Jane Fonda's
Workout Book"--explicitly state the author of the work or at
least the name of the person the publisher is entitled to
associate with the preparation of the work. Other titles contain
words explicitly signifying endorsement, such as the phrase in a
subtitle "an authorized biography." If such explicit references
were used in a title and were false as applied to the underlying
work, the consumer's interest in avoiding deception would
warrant application of the Lanham Act, even if the title had
some relevance to the work.
[8] Many titles, however, include a well-known name without
any overt indication of authorship or endorsement--for example,
the hit song "Bette Davis Eyes," and the recent film "Come
Back to the Five and Dime, Jimmy Dean, Jimmy Dean." To
some people, these titles might implicitly suggest that the
named celebrity had endorsed *1000 the work or had a role in
producing it. Even if that suggestion is false, the title is
artistically relevant to the work. In these circumstances, the
slight risk that such use of a celebrity's name might implicitly
suggest endorsement or sponsorship to some people is
outweighed by the danger of restricting artistic expression, and
the Lanham Act is not applicable. Cf. Estate of Hemingway v.
Random House, Inc., 23 N.Y.2d 341, 350, 296 N.Y.S.2d 771,
780, 244 N.E.2d 250, 260 (1968) (holding that estate of Ernest
Hemingway had no cause of action for "palming off" or "unfair
competition" against author of biographical memoir entitled
"Papa Hemingway.").
[9][10] Similarly, titles with at least minimal artistic relevance
17. to the work may include explicit statements about the content of
the work that are seriously misleading. For example, if the
characters in the film in this case had published their memoirs
under the title "The True Life Story of Ginger and Fred," and if
the film-maker had then used that fictitious book title as the
title of the film, the Lanham Act could be applicable to such an
explicitly misleading description of content. [FN6] But many
titles with a celebrity's name make no explicit statement that the
work is about that person in any direct sense; the relevance of
the title may be oblique and may become clear only after
viewing or reading the work. As to such titles, the consumer
interest in avoiding deception is too slight to warrant
application of the Lanham Act. Though consumers frequently
look to the title of a work to determine what it is about, they do
not regard titles of artistic works in the same way as the names
of ordinary commercial products. Since consumers expect an
ordinary product to be what the name says it is, we apply the
Lanham Act with some rigor to prohibit names that misdescribe
such goods. See Johnson & Johnson v. GAC International,
Inc., 862 F.2d 975 (2d Cir.1988). But most consumers are well
aware that they cannot judge a book solely by its title any more
than by its cover. We therefore need not interpret the Act to
require that authors select titles that unambiguously describe
what the work is about nor to preclude them from using titles
that are only suggestive of some topics that the work is not
about. Where a title with at least some artistic relevance to the
work is not explicitly misleading as to the content of the work,
it is not false advertising under the Lanham Act.
FN6. In offering this hypothetical and others in this opinion, we
intend only to indicate instances where Lanham Act coverage
might be available; whether in such instances a violation is
established would depend on the fact-finder's conclusions in
light of all the relevant facts and circumstances.
This construction of the Lanham Act accommodates consumer
18. and artistic interests. It insulates from restriction titles with at
least minimal artistic relevance that are ambiguous or only
implicitly misleading but leaves vulnerable to claims of
deception titles that are explicitly misleading as to source or
content, or that have no artistic relevance at all. [FN7]
FN7. We need not consider whether Congress could
constitutionally bar the use of all literary titles that are to any
extent misleading. Cf. San Francisco Arts & Athletics, Inc. v.
United States Olympic Committee, 483 U.S. 522, 107 S.Ct.
2971, 97 L.Ed.2d 427 (1987) (holding that the First Amendment
does not bar a statute granting the United States Olympic
Committee the right to enjoin even non-commercial uses of the
word "Olympic").
[11] With this approach in mind, we now consider Rogers'
Lanham Act claim to determine whether appellees are entitled
to summary judgment. A federal court may not grant summary
judgment "if the evidence is such that a reasonable jury could
return a verdict for the nonmoving party." Anderson v. Liberty
Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91
L.Ed.2d 202 (1986). "The inquiry ... is ... whether ... there are
any genuine factual issues that properly can be resolved only by
a finder of fact because they may reasonably be resolved in
favor of either party." Id. at 250, 106 S.Ct. at 2511.
Rogers essentially claims that the title "Ginger and Fred" is
false advertising. *1001 Relying on her survey data, anecdotal
evidence, and the title itself, she claims there is a likelihood of
confusion that (1) Rogers produced, endorsed, sponsored, or
approved the film, and/or (2) the film is about Rogers and
Astaire, and that these contentions present triable issues of fact.
In assessing the sufficiency of these claims, we accept Judge
Sweet's conclusion, which is not subject to dispute, that the title
"Ginger and Fred" surpasses the minimum threshold of artistic
relevance to the film's content. The central characters in the
19. film are nicknamed "Ginger" and "Fred," and these names are
not arbitrarily chosen just to exploit the publicity value of their
real life counterparts but instead have genuine relevance to the
film's story. We consider separately the claims of confusion as
to sponsorship and content.
The title "Ginger and Fred" contains no explicit indication that
Rogers endorsed the film or had a role in producing it. The
survey evidence, even if its validity is assumed, [FN8] indicates
at most that some members of the public would draw the
incorrect inference that Rogers had some involvement with the
film. But that risk of misunderstanding, not engendered by any
overt claim in the title, is so outweighed by the interests in
artistic expression as to preclude application of the Lanham
Act. We therefore hold that the sponsorship and endorsement
aspects of Rogers' Lanham Act claim raise no "genuine" issue
that requires submission to a jury.
FN8. The survey sampled 201 people who said they were likely
to go to a movie in the next six months. Half of those surveyed
were shown a card with the title "Ginger and Fred" on it; the
other half were shown an actual advertisement for the movie.
Of these 201, 38 percent responded "yes" to the question: "Do
you think that the actress, Ginger Rogers, had anything to do
with this film, or not?" Of these respondents, a third answered
yes to the question: "Do you think Ginger Rogers was involved
in any way with making this film or not?" In other words,
about 14 percent of the total 201 surveyed found that the title
suggested that Rogers was involved in making the film.
Appellees contend that the survey used "leading" questions,
making the survey results invalid. Without resolving this
issue, we will assume for the purposes of this appeal that the
survey was valid.
[12] Rogers' claim that the title misleads consumers into
thinking that the film is about her and Astaire also fails.
20. Indeed, this case well illustrates the need for caution in
applying the Lanham Act to titles alleged to mislead as to
content. As both the survey and the evidence of the actual
confusion among the movie's publicists show, there is no doubt
a risk that some people looking at the title "Ginger and Fred"
might think the film was about Rogers and Astaire in a direct,
biographical sense. For those gaining that impression, the title
is misleading. At the same time, the title is entirely truthful as
to its content in referring to the film's fictional protagonists
who are known to their Italian audience as "Ginger and Fred."
Moreover, the title has an ironic meaning that is relevant to the
film's content. As Fellini explains in an affidavit, Rogers and
Astaire are to him "a glamorous and care-free symbol of what
American cinema represented during the harsh times which Italy
experienced in the 1930s and 1940s." In the film, he contrasts
this elegance and class to the gaudiness and banality of
contemporary television, which he satirizes. In this sense, the
title is not misleading; on the contrary, it is an integral element
of the film and the film-maker's artistic expressions. [FN9]
FN9. Appellees also contend that advertisements for the film
included a disclaimer that the film is fictional and does not
depict any real person, living or dead. In light of our
resolution of the case, we need not decide whether such a
disclaimer would be sufficient to cure an otherwise deceptive
title.
This mixture of meanings, with the possibly misleading
meaning not the result of explicit misstatement, precludes a
Lanham Act claim for false description of content in this case.
To the extent that there is a risk that the title will mislead some
consumers as to what the work is about, that risk is outweighed
by the danger that suppressing an artistically relevant though
ambiguous title will unduly restrict expression.
For these reasons, we hold that appellees are entitled to
21. summary judgment on Rogers' *1002 claim that the title gives
the false impression that the film is about Rogers and Astaire.
II. State Law Claims
A. Right of Publicity
Because the District Judge decided Rogers' state law claims on
the ground of broad First Amendment protection, he did not
decide which state's law applies to those claims. 695 F.Supp. at
121 n. 5. Although we reach the same result as the District
Court, we think the correct approach is to decide the choice of
law issue first and then to determine if Rogers has a triable
claim under the applicable substantive law, before reaching
constitutional issues.
[13] A federal court sitting in diversity or adjudicating state law
claims that are pendent to a federal claim must apply the choice
of law rules of the forum state. Klaxon Co. v. Stentor Electric
Manufacturing Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 1021, 85
L.Ed. 1477 (1941); Colgate Palmolive Co. v. S/S Dart Canada,
724 F.2d 313, 316 (2d Cir.1983), cert. denied,466 U.S. 963, 104
S.Ct. 2181, 80 L.Ed.2d 562 (1984). The New York Court of
Appeals has clearly stated that "right of publicity" claims are
governed by the substantive law of the plaintiff's domicile
because rights of publicity constitute personalty. Southeast
Bank, N.A. v. Lawrence, 66 N.Y.2d 910, 498 N.Y.S.2d 775, 489
N.E.2d 744 (1985). Rogers is an Oregon domiciliary, and thus
Oregon law governs this claim.
Oregon courts, however, have not determined the scope of the
common law right of publicity in that state. The Supreme
Court of Oregon discussed the "right to publicity" in dictum in
Anderson v. Fisher Broadcasting Cos., 300 Or. 452, 712 P.2d
803, 812 (1986) (in banc), a case involving a right of privacy
claim, but there are no reported decisions of any Oregon court
22. on a right of publicity claim. We are therefore obliged to
engage in the uncertain task of predicting what the New York
courts would predict the Oregon courts would rule as to the
contours of a right of publicity under Oregon law. [FN10]
FN10. This two-step process of divining the law of the foreign
state to which the forum state's conflicts rules direct us appears
to be a consequence both of Klaxon and of the fundamental
tenet of diversity jurisdiction, equally applicable to the exercise
of pendent jurisdiction over state law claims, that the federal
court is "only another court of the State." Guaranty Trust Co. v.
York, 326 U.S. 99, 108, 65 S.Ct. 1464, 1469, 89 L.Ed. 2079
(1945); see also Bernhardt v. Polygraphic Co. of America, 350
U.S. 198, 203, 76 S.Ct. 273, 276, 100 L.Ed. 199 (1956);
Commissioner v. Estate of Bosch, 387 U.S. 456, 465, 87 S.Ct.
1776, 1782- 83, 18 L.Ed.2d 886 (1967) (state law issue in
federal question case). The two-step process was given its
well-known formulation when Judge Friendly stated that our
Court's task is "to determine what the New York courts would
think the California courts would think on an issue about which
neither had thought." Nolan v. Transocean Air Lines, 276 F.2d
280, 281 (2d Cir.1960), remanded,365 U.S. 293, 81 S.Ct. 555, 5
L.Ed.2d 571 (1961), adhered to,290 F.2d 904 (2d Cir.), cert.
denied,368 U.S.901, 82 S.Ct. 177, 7 L.Ed.2d 96 (1961); see
also Allstate Insurance Co. v. Employers Liability Assurance
Corp., 445 F.2d 1278, 1278 (5th Cir.1971).
On some occasions, however, we appear to have used a one-step
process, making our own determination as to the content of the
law of the foreign jurisdiction, without pausing to inquire what
the forum state's courts would say the foreign state's courts
would say. See, e.g., Metz v. United Technologies Corp., 754
F.2d 63, 66-67 (2d Cir.1985) (New York forum; Louisiana
substantive law); Entron, Inc. v. Affiliated FM Insurance Co.,
749 F.2d 127, 131-32 (2d Cir.1984) (New York forum; New
Jersey substantive law); Perlman v. Feldmann, 219 F.2d 173,
175-78 (2d Cir.) (Connecticut forum; Indiana substantive law),
23. cert. denied,349 U.S. 952, 75 S.Ct. 880, 99 L.Ed. 1277 (1955).
The truncated approach also appears to have been used in
Factors Etc., Inc. v. Pro Arts, Inc., 652 F.2d 278 (2d Cir.1981),
cert. denied,456 U.S. 927, 102 S.Ct.1973, 72 L.Ed.2d 442
(1982), where we accepted the Sixth Circuit's view of
Tennessee law, without inquiring whether New York, the forum
state, would have given similar deference to the circuit in which
the pertinent foreign state was located. See also id. at 284
(Mansfield, J., dissenting) (declining to defer to Sixth Circuit
view of Tennessee law but also not inquiring what New York
courts would do).
Perhaps the one-step cases reflect an implicit assumption that
the forum state would consult the same materials surveyed by
the federal court and make the same prediction as to the content
of the foreign state's law, though, as we discuss below, that
assumption is not always warranted, especially where New York
is the forum state. But see Essex Universal Corp. v. Yates, 305
F.2d 572, 580 (2d Cir.1962) (Friendly, J., concurring) (citing
Perlman v. Feldmann, supra, as an example of a federal court
having the "freedom" to make its own determination of foreign
(Indiana) law, a freedom used "to good effect").
*1003 At one time the New York courts, confronting an issue
arising under the law of another state and having no clear
indication of the foreign law, applied a presumption that "the
common law of a sister state ... is the same as our own."
International Text-Book Co. v. Connelly, 206 N.Y. 188, 200-01,
99 N.E. 722 (1912); see also Zwirn v. Galento, 288 N.Y. 428,
432, 43 N.E.2d 474 (1942). However, that presumption arose
from a rule of evidence, the State's rule prohibiting a court from
taking judicial notice of the law of another state. In 1943, New
York by statute accorded its courts discretion to take judicial
notice of foreign law, see Pfleuger v. Pfleuger, 304 N.Y. 148,
106 N.E.2d 495 (1952), and in 1963 required such judicial
notice. N.Y.Civ.Prac.L. & R. 4511(a) (McKinney 1963).
Though New York courts usually now recognize their obligation
24. to take judicial notice of the law of another state, see, e.g.,
Monko v. Cicoria, 46 Misc.2d 565, 260 N.Y.S.2d 70
(Sup.Ct.1965), some New York courts still appear to be
applying the pre-1963 law, even citing International Text-Book
for the proposition that foreign law may or even must be
presumed to be the same as New York's in the absence of proof
to the contrary in the record. See, e.g., Knieriemen v. Bache
Halsey Stuart Shields Inc., 74 A.D.2d 290, 427 N.Y.S.2d 10, 15
(1st Dep't), appeal dismissed,51 N.Y.2d 970, 435 N.Y.S.2d 720,
416 N.E.2d 1055 (1980); Banco Do Brasil, S.A. v. Calhoon, 50
Misc.2d 512, 270 N.Y.S.2d 691, 696 (Sup.Ct.1966).
There thus remains some ambiguity in the New York cases as
to whether that State's courts, encountering an issue that turns
on unsettled law of another state, will apply a presumption of
similarity with New York law because of the remaining
influence of the pre-1943 evidentiary cases that barred judicial
notice of foreign law or will predict, as a matter of substantive
interpretation, that the foreign state will adopt a rule similar to
New York's. The distinction can have significance for a
diversity court because it is not bound by a state's judicial
notice rules, see Simmons v. Continental Casualty Co., 410 F.2d
881, 884 (8th Cir.1969); Zell v. American Seating Co., 138
F.2d 641, 643 n. 6 (2d Cir.1943), rev'd on other grounds,322
U.S. 709, 64 S.Ct. 1053, 88 L.Ed. 1552 (1944); 1A Pt. 2
Moore's Federal Practice ¶ 0.316[4] (1987), but is obliged to
apply whatever substantive standards the forum state uses in
predicting the content of foreign law.
[14] Indeed, our own cases have not taken a consistent approach
to New York's presumption of similarity of foreign law in
diversity cases in which New York is the forum state. On
occasion, we have applied the presumption, apparently viewing
it as a substantive rule of interpretation; in other cases, we
have ignored it and made our own determination of what we
think will emerge as the law of a foreign state. Compare
25. Sagamore Corp. v. Diamond West Energy Corp., 806 F.2d 373,
377 (2d Cir.1986), and Colgate Palmolive Co. v. S/S Dart
Canada, 724 F.2d at 317,with Plummer v. Lederle Laboratories,
819 F.2d 349, 355 (2d Cir.), cert. denied,484 U.S. 898, 108
S.Ct. 232, 98 L.Ed.2d 191 (1987), and Metz v. United
Technologies Corp., 754 F.2d 63, 66 (2d Cir.1985). We
believe that New York courts would, as a matter of substantive
interpretation, presume that the unsettled common law of
another state would resemble New York's but that they would
examine the law of the other jurisdiction and that of other
states, as well as their own, in making an ultimate determination
as to the likely future content of the other jurisdiction's law.
See In re Estate of Havemeyer, 17 N.Y.2d 216, 270 N.Y.S.2d
197, 217 N.E.2d 26 (1966); Strain v. Seven Hills Associates,
75 A.D.2d 360, 429 N.Y.S.2d 424, 430 (1st Dep't 1980). That
is the task we now undertake.
[15] The common law right of publicity, where it has been
recognized, grants celebrities an exclusive right to control the
commercial value of their names and to prevent *1004 others
from exploiting them without permission. See Bi-Rite
Enterprises v. Button Master, 555 F.Supp. 1188, 1198-99
(S.D.N.Y.1983). Because the right of publicity, unlike the
Lanham Act, has no likelihood of confusion requirement, it is
potentially more expansive than the Lanham Act. See
Denicola, supra, at 160-66. Perhaps for that reason, courts
delineating the right of publicity, more frequently than in
applying the Lanham Act, have recognized the need to limit the
right to accommodate First Amendment concerns. Id. at 198 &
n. 171 (citing cases).
In particular, three courts, citing their concern for free
expression, have refused to extend the right of publicity to bar
the use of a celebrity's name in the title and text of a fictional
or semi-fictional book or movie. See Hicks v. Casablanca
Records, 464 F.Supp. 426 (S.D.N.Y.1978); Frosch v. Grosset &
26. Dunlop, Inc., 75 A.D.2d 768, 427 N.Y.S.2d 828 (1st Dep't
1980); Guglielmi v. Spelling-Goldberg Productions, 25 Cal.3d
860, 160 Cal.Rptr. 352, 603 P.2d 454, 455 (1979) (Bird, C.J.,
concurring). [FN11]
FN11. Commentators have also advocated limits on the right of
publicity to accommodate First Amendment concerns. See,
e.g., Treece, Commercial Exploitation of Names, Likenesses,
and Personal Histories, 51 Tex.L.Rev. 637 (1973).
Guglielmi involved a suit by a nephew of the late film star
Rudolph Valentino to bar a television broadcast entitled
"Legend of Valentino: A Romantic Fiction" as a violation of
Valentino's right of publicity. The Court dismissed the action
for failure to state a claim. In a concurrence joined by three
members of the Court, Chief Justice Bird stated: "[P]rominence
invites creative comment. Surely, the range of free expression
would be meaningfully reduced if prominent persons in the
present and recent past were forbidden topics for the
imaginations of authors of fiction." 160 Cal.Rptr. at 358, 603
P.2d at 460. [FN12]
FN12. The majority of the in banc court did not discuss the First
Amendment issues, rejecting the claim instead on the ground
that the right of publicity expires on the death of the person
protected. 160 Cal.Rptr. at 353, 603 P.2d at 455.
Chief Justice Bird noted that a cause of action might have
existed had the defendant, for example, published "Rudolph
Valentino's Cookbook," and neither the recipes nor the menus
described were in any fashion related to Valentino. Id. at 355 n.
6, 603 P.2d at 457 n. 6. But she said that as long as the use of
a celebrity's name was not "wholly unrelated" to the individual
nor used to promote or endorse a collateral commercial product,
the right of publicity did not apply. Id. Similarly, New York's
Appellate Division said in Frosch that the right of publicity did
27. not bar the use of a celebrity's name in a title so long as the
item was a literary work and not "simply a disguised
commercial advertisement for the sale of goods or services."
427 N.Y.S.2d at 829.
[16][17] We think New York would recognize similar limits in
Oregon law on the right of publicity. We note, for example,
that the Oregon Supreme Court has on occasion interpreted the
free speech clause of the Oregon Constitution as providing
broader protection for free expression than that mandated by the
federal Constitution. Compare Wheeler v. Green, 286 Or. 99,
593 P.2d 777, 788-89 (1979) (holding that Article I, § 8 of the
Oregon Constitution prohibits punitive damages in defamation
cases), with Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct.
2997, 41 L.Ed.2d 789 (1974) (holding that states may impose
punitive damages for defamation where the plaintiff proves
knowing falsity or reckless disregard for the truth). In light of
the Oregon Court's concern for the protection of free
expression, New York would not expect Oregon to permit the
right of publicity to bar the use of a celebrity's name in a movie
title unless the title was "wholly unrelated" to the movie or was
"simply a disguised commercial advertisement for the sale of
goods or services."
Here, as explained above, the title "Ginger and Fred" is clearly
related to the content of the movie and is not a disguised
advertisement for the sale of goods or services *1005 or a
collateral commercial product. We therefore hold that under
Oregon law the right of publicity does not provide relief for
Rogers' claim. [FN13]
FN13. As in our ruling on the Lanham Act claim, we need not,
and do not, reach the issue of whether the First Amendment
would preclude a state from giving broader application to the
right of publicity. The Supreme Court explored the First
Amendment limits on the right of publicity in Zacchini v.
28. Scripps-Howard Broadcasting Co., 433 U.S. 562, 97 S.Ct. 2849,
53 L.Ed.2d 965 (1977), holding that the First Amendment does
not preclude an award of damages to a performer for violation
of the right of publicity where a television news program
broadcasts a performer's entire act. But the Court explicitly
recognized each state's authority to define the right more
narrowly. Id. at 578-79, 97 S.Ct. at 2859.
B. False-Light Defamation
[18] Rogers claims that the film portrays her in a false light by
depicting the dance pair in the film in a tawdry and "seedy"
manner. Complaint, ¶ 18. We need not dwell long on this
claim, nor need we decide which state's law governs it. The
film is manifestly not about Rogers. It is about a pair of
fictional characters who are like Rogers and Astaire only in
their imagination and in the sentimental eyes of their fictional
audience. We know of no state law that provides relief for
false-light defamation against a work that clearly does not
portray the plaintiff at all.
Conclusion
In sum, we hold that section 43(a) of the Lanham Act does not
bar a minimally relevant use of a celebrity's name in the title of
an artistic work where the title does not explicitly denote
authorship, sponsorship, or endorsement by the celebrity or
explicitly mislead as to content. Similarly, we conclude that
Oregon law on the right of publicity, as interpreted by New
York, would not bar the use of a celebrity's name in a movie
title unless the title was "wholly unrelated" to the movie or was
"simply a disguised commercial advertisement for the sale of
goods or services." Under these standards, summary judgment
was properly entered on the undisputed facts of this case,
rejecting the Lanham Act and right of publicity claims, as well
as the claim for false-light defamation.
29. We therefore affirm the judgment of the District Court.
GRIESA, District Judge, concurring in the result:
I concur with the result reached in the majority opinion, but
have substantial disagreement with the opinion otherwise.
At the outset, a brief word about the development of the issues
is in order.
The original claim of Rogers, as stated in the complaint, did
not have any separate allegation about the title of the film as
such. The complaint was directed against "the Film." The
first cause of action, claiming violation of Rogers' right of
publicity, was directed against the production and distribution
of the Film. The second alleged that the Film depicted Rogers
in a false light. The third cause of action, under the Lanham
Act, was directed against the Film and its advertising. In her
submissions on the summary judgment motion, Rogers focused
mainly on the alleged wrongdoing of defendants in entitling the
Film and in promoting and advertising the Film.
Judge Sweet's opinion treated the issue as relating to "the
Film's title and screenplay." He discussed promotion and
advertising, but not as a significant separate claim. His
holding was that the Film (including the title and the
screenplay) is entitled to First Amendment protection and does
not violate the Lanham Act or state law rules.
On appeal, the only issues raised by Rogers relate to the title
and to the advertising and promotion. No claim is made
regarding the screenplay. The only issue dealt with in the
majority opinion is that relating to the title. I have no objection
to this feature of the majority opinion. My objection is to how
the issue is handled.
30. Lanham Act
According to the majority, Judge Sweet's Lanham Act ruling
creates a broad immunity *1006 which would prevent a remedy
in instances of "flagrant deception." To deal with this problem,
the majority attempts to set out more precise standards by which
lawful titles are to be differentiated from unlawful ones. It is
said that the Lanham Act
... should be construed to apply to artistic works only where the
public interest in avoiding consumer confusion outweighs the
public interest in free expression.
To implement this vague and fluid test, the majority goes on to
articulate two specific rules. First, titles which are artistically
relevant to an underlying work but are "explicitly misleading"
violate the Lanham Act. Second, titles which are artistically
relevant but "ambiguous or only implicitly misleading" do not
violate the Lanham Act.
I do not believe that anything in Judge Sweet's opinion,
sensibly read, would interfere with the protection of the public
against "flagrant deception." But whatever may be the problem
with Judge Sweet's opinion, the cure offered by the majority is
far worse than the ailment.
Judge Sweet's reasoning can be briefly summarized as follows.
Since the two main characters of the Film, Pippo and Amelia,
are depicted as having made their living by imitating Ginger
Rogers and Fred Astaire, there is, in a unique but entirely
lawful manner, a reference to Ginger Rogers in the Film. The
name "Ginger" is relevant to both the Film's screenplay and its
title. The screenplay and title are within the realm of artistic
expression, and are thus entitled to an appropriately broad
measure of protection under the First Amendment, a level of
protection greater than would be accorded if this were
commercial speech. The possibility that alternate avenues of
expression might have been used does not create a valid Lanham
31. Act claim. The judge noted that there is nothing in the record
to suggest an intention to use Ginger Rogers' name to deceive
the public into coming to the movie under the mistaken belief
that it was about the true Rogers and Astaire. 695 F.Supp. 113,
120-21.
The essential points of Judge Sweet's rationale are echoed in
the majority opinion, which states that the title "is an integral
element of the film and the film-maker's artistic expression,"
and that "the expressive element of titles requires more
protection than the labeling of ordinary commercial products."
However, the majority opinion expresses the concern that the
district court's ruling would create "a nearly absolute privilege
for movie titles," because of what are thought to be broad
statements about the First Amendment protection accorded to
artistic speech as distinct from commercial speech.
In my view, this concern is unfounded. Judge Sweet's
discussion of First Amendment protection for artistic expression
was his basis for deciding this case. He did not purport to
write a treatise or attempt to say how various other cases with
different facts should be treated. This is not to say that the
ruling would not, justifiably, have some general precedential
effect. It is undoubtedly true that most titles which are
artistically relevant to the underlying work would be protected
under the First Amendment from Lanham Act claims.
However, Judge Sweet did not purport to write the law covering
all possible situations.
The problem of an overly expansive ruling really lies with the
majority opinion and its unfortunate attempt to establish a rule
based on the asserted difference between explicitly misleading
titles and those which are ambiguous or only implicitly
misleading.
All the judges involved here agree that the title "Ginger and
32. Fred" does not violate the Lanham Act. Although the title may
mean different things to different people, the artistic
relationship between the title and the Film protects both from
the strictures of the statute.
However, this unique case would seem to be an inappropriate
vehicle for fashioning a general rule of the kind announced by
the majority. The unusual circumstances here do not provide a
valid illustration of the general proposition (which I regard as
dubious indeed) that there is a legal boundary between
implicitly misleading titles and explicitly *1007 misleading
ones. The majority opinion does not use the facts of this case to
define the asserted distinction, but seeks to give substance to
the announced rule through the use of certain hypothetical
examples.
The majority attempts to give illustrations of titles which
would be artistically relevant but explicitly misleading. It is
said that if the titles "Nimmer on Copyright" and "Jane Fonda's
Workout Book" were used in a manner which was "false as
applied to the underlying work" there would be liability under
the Lanham Act. But these examples really go nowhere. It is
not specified what the underlying works would be where such
titles would be false but "artistically relevant." The simple fact
is that if either of these titles was used in connection with some
bogus work, it would be a simple case of the copying of a
legally protected title. See Warner Bros. Pictures, Inc. v.
Majestic Pictures Corp., 70 F.2d 310 (2d Cir.1934); Orion
Pictures Co. v. Dell Publishing Co., 471 F.Supp. 392
(S.D.N.Y.1979). Thus the illustrations have nothing whatever
to do with the kind of problem under discussion here.
The majority opinion states that, in the present case, the title
would have been explicitly misleading if it had been "The True
Life Story of Ginger and Fred." Of course, this awkward
assemblage could hardly be expected to come under the
33. consideration of a director such as Fellini. If, by some strange
circumstance, it had been used, and if the majority opinion's
legal doctrine were applied to it, lawyers might debate
extensively about whether it was indeed misleading, and if so,
whether it fell into the explicit or the implicit category. But
the fact is that the example does not pose a realistic legal
problem.
Coming to the other branch of the rule created by the majority,
the opinion attempts to give illustrations of titles which would
be artistically relevant and implicitly misleading--i.e., which
"impliedly suggest that the named celebrity had endorsed the
work or had a role in producing it." The examples given are
the song "Bette Davis Eyes" and the film "Come Back to the
Five and Dime, Jimmy Dean, Jimmy Dean." But these
examples in no way illustrate the majority's proposition. No
one can seriously think that these titles imply or suggest that
Bette Davis or James Dean endorsed or had a role in producing
the song or the film.
In my view, the rule of the majority opinion, involving the two
purported categories, is not well founded. It should be left to
future courts, dealing with real cases, to determine if there are
to be exceptions to the First Amendment protection which
would seem to be generally afforded to artistically relevant
titles. To say the least, the hypotheticals in the majority
opinion are a poor basis for arriving at serious legal
propositions. When and if an actual case arises, it may not fit
within either of the categories posited by the majority. Also, it
is most likely that the distinction between explicitly and
implicitly misleading titles will prove to be unsound and
unworkable.
State Law Claims
A respectable common sense approach to choice of law
35. Briefs and Other Related Documents
United States Court of Appeals,
Ninth Circuit.
The NEW KIDS ON THE BLOCK, a Massachusetts general
partnership consisting of
Donnie Wahlberg, Danny Wood, Jonathan Knight, Jordan
Knight and Joe McIntyre;
Dick Scott Entertainment, Inc.; Infotainment, Inc.; Winterland
Concessions
Co. Inc.; Big Step Productions, Inc., Plaintiffs-Appellants,
v.
NEWS AMERICA PUBLISHING, INC., d/b/a/ Star Magazine;
Gannett Satellite
Information Network, Inc., d/b/a/ USA Today, Inc., Defendants-
Appellees.
The NEW KIDS ON THE BLOCK, a Massachusetts general
partnership consisting of
Donnie Wahlberg, Danny Wood, Jonathan Knight, Jordan
Knight and Joe McIntyre;
Dick Scott Entertainment, Inc.; Infotainment, Inc.; Winterland
Concessions
Co. Inc.; Big Step Productions, Inc., Plaintiffs-Appellants,
v.
GANNETT SATELLITE INFORMATION NETWORK, INC.,
d/b/a/ USA Today, Inc., Defendant-
Appellee.
Nos. 90-56219, 90-56258.
Argued and Submitted Dec. 4, 1991.
Decided July 24, 1992.
Musical group brought suit against newspapers alleging
infringement from use of group's trademark in polls on group's
36. popularity. The United States District Court for the Central
District of California, William J. Rea, J., 745 F.Supp. 1540,
granted newspapers' motions for summary judgment. Appeal
was taken. The Court of Appeals, Kozinski, Circuit Judge, held
that: (1) newspapers were entitled to nominative fair use
defense; (2) fact that newspapers used toll telephone numbers
to conduct poll which competed with services offered by group
did not make defense unavailable; (3) use of group's name did
not amount to commercial or common-law misappropriation
under California law; and (4) musical group did not have claim
for intentional interference with respective economic advantage
based on newspapers' fair and reasonable use of mark.
Affirmed.
West Headnotes
[1] Federal Courts 759.1
170Bk759.1Most Cited Cases
(Formerly 170Bk759)
Court of Appeals is free to affirm grant of summary judgment
on any ground fairly presented in record.
[2] Constitutional Law 46(1)
92k46(1)Most Cited Cases
Court of Appeals ordinarily avoids reaching constitutional issue
if case may be resolved on nonconstitutional grounds.
[3] Trademarks 1000
382Tk1000Most Cited Cases
(Formerly 382k3)
Purpose of trademark law is to prevent producers from free-
riding on their rivals' mark.
[4] Trademarks 1181
382Tk1181Most Cited Cases
37. (Formerly 382k1)
"Trade-mark" is limited property right in particular word,
phrase, or symbol. Lanham Trade-Mark Act, § 1 et seq., 15
U.S.C.A. § 1051 et seq.
[5] Trademarks 1523(2)
382Tk1523(2)Most Cited Cases
(Formerly 382k13)
"Fair-use defense" to trademark infringement claim forbids
trademark registrant to appropriate descriptive term for
exclusive use and prevent others from accurately describing
characteristic of their goods. Lanham Trade-Mark Act, §
33(b)(4), 15 U.S.C.A. § 1115(b)(4).
[6] Trade Regulation 423.1
382k423.1Most Cited Cases
(Formerly 382k423)
Competitors may use rival's trademark in advertising and other
channels of communication if use is not false or misleading.
Lanham Trade-Mark Act, § 1 et seq., 15 U.S.C.A. § 1051 et
seq.
[7] Trademarks 1523(3)
382Tk1523(3)Most Cited Cases
Comparative
(Formerly 382k462)
Where defendant uses trademark to describe plaintiff's product,
rather than its
own, commercial user is entitled to nominative fair use defense
provided that product or service in question is one not really
identifiable without use of trademark, only so much of mark or
marks may be used as is reasonably necessary to identify
product or service, and user must do nothing that would come in
conjunction with mark, suggest sponsorship or endorsement by
trademark holder. Lanham Trade-Mark Act, § 33(b)(4), 15
U.S.C.A. § 1115(b)(4).
38. [8] Trademarks 1523(3)
382Tk1523(3)Most Cited Cases
(Formerly 382k375.1, 382k375)
Newspapers were entitled to nominative fair use defense to
alleged infringement on musical group's trademark while
conducting polls about group members since there was nothing
false or misleading about use of mark, newspapers referred to
trademark only as needed to identify group as subject of polls,
and nothing suggested joint sponsorship or endorsement by a
musical group. Lanham Trade-Mark Act, § 1 et seq., 15
U.S.C.A. § 1051 et seq.
[9] Trademarks 1523(3)
382Tk1523(3)Most Cited Cases
(Formerly 382k375.1, 382k375)
The nominative fair use defense applied to polls conducted by
newspapers using musical group's trademark, even though use
of 900 toll telephone numbers competed directly with 900
numbers provided by group, since use of trademark by
newspapers did not imply sponsorship or endorsement. Lanham
Trade-Mark Act, § 1 et seq., 15 U.S.C.A. § 1051 et seq.
[10] Trademarks 1527
382Tk1527Most Cited Cases
(Formerly 382k375.1, 382k375)
Alleged trademark infringer has completed defense to claims of
commercial and common-law misappropriation under California
law if trademark is used in connection with news, public affairs,
or sports broadcast or account which is true in all material
respects. West's Ann.Cal.Civ.Code § 3344(d).
[11] Trademarks 1520
382Tk1520Most Cited Cases
(Formerly 382k375.1, 382k375)
Fact that polls using musical group's trademark were conducted
39. by newspapers with established track record of polling readers
and reporting results as part of later news stories barred claims
by musical group for commercial and common-law
misappropriation under California law. West's
Ann.Cal.Civ.Code § 3344(d).
[12] Torts 241
379k241Most Cited Cases
(Formerly 379k10(3))
Under California law, musical group did not have tort claim for
intentional interference with prospective economic advantage
against newspapers which conducted polls using group's
trademark since use of mark was "fair and reasonable."
*304Philip Heller, James L. Warren, Edward P. Davis, Jr.,
Kevin M. Fong, Judy Alexander, Pillsbury, Madison & Sutro,
San Francisco, Cal., for the plaintiffs-appellants.
Rex S. Heinke, Kelli L. Sager, Jeri C. Okamoto, Gibson, Dunn
& Crutcher, Los Angeles, Cal., for defendant-appellee News
America Pub., Inc.
Charles P. Diamond, Craig A. Corman, O'Melveny & Myers,
Los Angeles, Cal., for defendant-appellee Gannett Satellite
Information Network, Inc.
Appeal from the United States District Court for the Central
District of California.
Before SCHROEDER and KOZINSKI, Circuit Judges, and
ORRICK, Jr., [FN*] District Judge.
FN* The Honorable William H. Orrick, Jr., United States
District Judge for the Northern District of California, sitting by
designation.
KOZINSKI, Circuit Judge.
40. The individual plaintiffs perform professionally as The New
Kids on the Block, reputedly one of today's hottest musical acts.
This case requires us to weigh their rights in that name against
the rights of others to use it in identifying the New Kids as the
subjects of public opinion polls.
Background
No longer are entertainers limited to their craft in marketing
themselves to the public. This is the age of the multi-media
publicity blitzkrieg: Trading on their popularity, many
entertainers hawk posters, T-shirts, badges, coffee mugs and the
like--handsomely supplementing their incomes while boosting
their public images. The New Kids are no exception; the
record in this case indicates there are more than 500 products or
services bearing the New Kids trademark. Among these are
services taking advantage of a recent development in
telecommunications: 900 area code numbers, where the caller is
charged a fee, a portion of which is paid to the call recipient.
Fans can call various New Kids 900 numbers to listen to the
New Kids talk about themselves, to listen to other fans talk
about the New Kids, or to leave messages for the New Kids and
other fans.
The defendants, two newspapers of national circulation,
conducted separate polls of their readers seeking an answer to a
pressing question: Which one of the New Kids is the most
popular? USA Today's announcement contained a picture of
the New Kids and asked, "Who's the best on the block?" The
announcement listed a 900 number for voting, noted that "any
USA Today profits from this phone line will go to charity," and
closed with the following:
New Kids on the Block are pop's hottest group. Which of the
five is your fave? Or are they a turn off? ... Each call costs 50
cents. Results in Friday's Life section.
The Star's announcement, under a picture of the New Kids, went
41. to the heart of the matter: "Now which kid is the sexiest?"
The announcement, which appeared in the middle of a page
containing a story on a New Kids concert, also stated:
Which of the New Kids on the Block would you most like to
move next door? STAR wants to know which cool New Kid is
the hottest with our readers.
Readers were directed to a 900 number to register their votes;
each call cost 95 cents per minute. [FN1]
FN1. The USA Today poll generated less than $300 in revenues,
all of which the newspaper donated to the Berklee College of
Music. The Star's poll generated about $1600.
Fearing that the two newspapers were undermining their
hegemony over their fans, the New Kids filed a shotgun
complaint in federal court raising no fewer than ten claims: (1)
common law trademark infringement; (2) Lanham Act false
advertising; (*305 3) Lanham Act false designation of origin;
(4) Lanham Act unfair competition; (5) state trade name
infringement; (6) state false advertising; (7) state unfair
competition; (8) commercial misappropriation; (9) common-law
misappropriation; and (10) intentional interference with
prospective economic advantage. The two papers raised the
First Amendment as a defense, on the theory that the polls were
part and parcel of their "news-gathering activities." The
district court granted summary judgment for defendants. 745
F.Supp. 1540 (C.D.Cal.1990).
Discussion
[1][2] While the district court granted summary judgment on
First Amendment grounds, we are free to affirm on any ground
fairly presented by the record. Jackson v. Southern Cal. Gas
Co., 881 F.2d 638, 643 (9th Cir.1989); Pelleport Inv., Inc. v.
Budco Quality Theatres, Inc., 741 F.2d 273, 278 (9th Cir.1984).
Indeed, where we are able to resolve the case on
nonconstitutional grounds, we ordinarily must avoid reaching
42. the constitutional issue. In re Snyder, 472 U.S. 634, 642-43,
105 S.Ct. 2874, 2879-80, 86 L.Ed.2d 504 (1985); Schweiker v.
Hogan, 457 U.S. 569, 585, 102 S.Ct. 2597, 2607, 73 L.Ed.2d
227 (1982). Therefore, we consider first whether the New Kids
have stated viable claims on their various causes of action.
I
A. Since at least the middle ages, trademarks have served
primarily to identify the source of goods and services, "to
facilitate the tracing of 'false' or defective wares and the
punishment of the offending craftsman." F. Schechter, The
Historical Foundations of the Law Relating to Trade-marks 47
(1925). The law has protected trademarks since the early
seventeenth century, and the primary focus of trademark law has
been misappropriation--the problem of one producer's placing
his rival's mark on his own goods. See, e.g., Southern v. How,
79 Eng.Rep. 1243 (K.B.1618). The law of trademark
infringement was imported from England into our legal system
with its primary goal the prevention of unfair competition
through misappropriated marks. See, e.g., Taylor v. Carpenter,
23 F.Cas. 742 (C.C.D.Mass.1844) (Story, J.). Although an
initial attempt at federal regulation was declared
unconstitutional, see the Trade-Mark Cases, 100 U.S. 82, 25
L.Ed. 550 (1879), trademarks have been covered by a
comprehensive federal statutory scheme since the passage of the
Lanham Act in 1946.
[3] Throughout the development of trademark law, the purpose
of trademarks remained constant and limited: Identification of
the manufacturer or sponsor of a good or the provider of a
service. [FN2] And the wrong protected against was
traditionally equally limited: Preventing producers from free-
riding on their rivals' marks. Justice Story outlined the classic
scenario a century and a half ago when he described a case of
"unmitigated and designed infringement of the rights of the
plaintiffs, for the purpose of defrauding the public and taking
43. from the plaintiffs the fair earnings of their skill, labor and
enterprise." Taylor, 23 F.Cas. at 744. The core protection of
the Lanham Act remains faithful to this conception. See 15
U.S.C. § 1114 (prohibiting unauthorized use in commerce of
registered marks). Indeed, this area of the law is generally
referred to as "unfair competition"--unfair because, by using a
rival's mark, the infringer capitalizes on the investment of time,
money and resources of his competitor; unfair also because, by
doing so, he obtains the consumer's hard-earned dollar through
something akin to fraud. See Paul Heald, *306Federal
Intellectual Property Law and the Economics of Preemption, 76
Iowa L.Rev. 959, 1002-03 (1991).
FN2. In economic terms, trademarks reduce consumer search
costs by informing people that trademarked products come from
the same source.
The benefit of the brand name is analogous to that of
designating individuals by last as well as first names, so that,
instead of having to say "the Geoffrey who teaches
constitutional law at the University of Chicago Law School--not
the one who teaches corporations," you can say "Geoffrey
Stone, not Geoffrey Miller."
William M. Landes and Richard A. Posner, Trademark Law: An
Economic Perspective, 30 J.L. & Econ. 265, 269 (1987).
[4] A trademark is a limited property right in a particular word,
phrase or symbol. [FN3] And although English is a language
rich in imagery, we need not belabor the point that some words,
phrases or symbols better convey their intended meanings than
others. See San Francisco Arts & Athletics, Inc. v. U.S.O.C.,
483 U.S. 522, 569, 107 S.Ct. 2971, 2998, 97 L.Ed.2d 427(1987)
(Brennan, J., dissenting) ("[A] jacket reading 'I Strongly Resent
the Draft' would not have conveyed Cohen's message.").
Indeed, the primary cost of recognizing property rights in
trademarks is the removal of words from (or perhaps non-
entrance into) our language. Thus, the holder of a trademark
44. will be denied protection if it is (or becomes) generic, i.e., if it
does not relate exclusively to the trademark owner's product.
See, e.g., Kellogg Co. v. National Biscuit Co., 305 U.S. 111, 59
S.Ct. 109, 83 L.Ed. 73 (1938) ("shredded wheat"); Eastern Air
Lines, Inc. v. New York Air Lines, Inc., 559 F.Supp. 1270
(S.D.N.Y.1983) ("air-shuttle" to describe hourly plane service).
This requirement allays fears that producers will deplete the
stock of useful words by asserting exclusive rights in them.
[FN4] When a trademark comes to describe a class of goods
rather than an individual product, the courts will hold as a
matter of law that use of that mark does not imply sponsorship
or endorsement of the product by the original holder.
FN3. Trademark protection, like other legal protections of
property rights, guards against the overuse of resources while
also providing incentives for the creation of new combinations
of resources. See G.S. Rasmussen & Assocs., Inc. v. Kalitta
Flying Serv., Inc., 958 F.2d 896, 900 (9th Cir.1992).
FN4. It's far more convenient, for example, to ask your local
pharmacist for "aspirin"--once a trademark--than to remember
or pronounce "salicylic acid." An interesting question is
whether a word, although once generic, may become
protectable. For example, the word "Jeep," which originally
meant a general purpose military vehicle and, later, any rugged
sport-utility vehicle, is now being used as a trademark by
Chrysler. Cf. Crescent Tool Co. v. Kilborn & Bishop Co., 247
F. 299 (2d Cir.1917) (protecting plaintiff's use of the trademark
"Crescent," which originally described a certain kind of
wrench).
[5] A related problem arises when a trademark also describes a
person, a place or an attribute of a product. If the trademark
holder were allowed exclusive rights in such use, the language
would be depleted in much the same way as if generic words
were protectable. Thus trademark law recognizes a defense
45. where the mark is used only "to describe the goods or services
of [a] party, or their geographic origin." 15 U.S.C. §
1115(b)(4). "The 'fair-use' defense, in essence, forbids a
trademark registrant to appropriate a descriptive term for his
exclusive use and so prevent others from accurately describing a
characteristic of their goods." Soweco, Inc. v. Shell Oil Co.,
617 F.2d 1178, 1185 (5th Cir.1980). Once again, the courts
will hold as a matter of law that the original producer does not
sponsor or endorse another product that uses his mark in a
descriptive manner. See, e.g., Schmid Laboratories v. Youngs
Drug Products Corp., 482 F.Supp. 14 (D.N.J.1979) ( "ribbed"
condoms).
With many well-known trademarks, such as Jell-O, Scotch tape
and Kleenex, there are equally informative non-trademark words
describing the products (gelatin, cellophane tape and facial
tissue). But sometimes there is no descriptive substitute, and a
problem closely related to genericity and descriptiveness is
presented when many goods and services are effectively
identifiable only by their trademarks. For example, one might
refer to "the two-time world champions" or "the professional
basketball team from Chicago," but it's far simpler (and more
likely to be understood) to refer to the Chicago Bulls. In such
cases, use of the trademark does not imply sponsorship or
endorsement of the product because the mark is used only to
describe the thing, rather than to identify its source.
Indeed, it is often virtually impossible to refer to a particular
product for purposes of comparison, criticism, point of
reference or any other such purpose without using the mark.
For example, reference to a large automobile manufacturer
based in *307 Michigan would not differentiate among the Big
Three; reference to a large Japanese manufacturer of home
electronics would narrow the field to a dozen or more
companies. Much useful social and commercial discourse
would be all but impossible if speakers were under threat of an
46. infringement lawsuit every time they made reference to a
person, company or product by using its trademark.
A good example of this is Volkswagenwerk Aktiengesellschaft
v. Church, 411 F.2d 350 (9th Cir.1969), where we held that
Volkswagen could not prevent an automobile repair shop from
using its mark. We recognized that in "advertising [the repair
of Volkswagens, it] would be difficult, if not impossible, for
[Church] to avoid altogether the use of the word 'Volkswagen'
or its abbreviation 'VW,' which are the normal terms which, to
the public at large, signify appellant's cars." Id. at 352.
Church did not suggest to customers that he was part of the
Volkswagen organization or that his repair shop was sponsored
or authorized by VW; he merely used the words "Volkswagen"
and "VW" to convey information about the types of cars he
repaired. Therefore, his use of the Volkswagen trademark was
not an infringing use.
[6] The First Circuit confronted a similar problem when the
holder of the trademark "Boston Marathon" tried to stop a
television station from using the name:
[T]he words "Boston Marathon" ... do more than call attention
to Channel 5's program; they also describe the event that
Channel 5 will broadcast. Common sense suggests (consistent
with the record here) that a viewer who sees those words flash
upon the screen will believe simply that Channel 5 will show, or
is showing, or has shown, the marathon, not that Channel 5 has
some special approval from the [trademark holder] to do so. In
technical trademark jargon, the use of words for descriptive
purposes is called a "fair use," and the law usually permits it
even if the words themselves also constitute a trademark.
WCVB-TV v. Boston Athletic Ass'n, 926 F.2d 42, 46 (1st
Cir.1991). Similarly, competitors may use a rival's trademark
in advertising and other channels of communication if the use is
not false or misleading. See, e.g., Smith v. Chanel, Inc., 402
F.2d 562 (9th Cir.1968) (maker of imitation perfume may use
47. original's trademark in promoting product). [FN5]
FN5. A trademark may even be used lawfully in a way that
many people, including the trademark owner, may find
offensive. Consider Girl Scouts v. Personality Posters Mfg.
Co., 304 F.Supp. 1228 (S.D.N.Y.1969): Defendants published a
poster showing "a smiling girl dressed in the well-known green
uniform of the Junior Girl Scouts, with her hands clasped above
her protruding, clearly pregnant abdomen. The caveat 'BE
PREPARED' appears next to her hands." Id. at 1230. The
court found no infringement: "[R]ational analysis of the
situation does not indicate a likelihood that the public will
believe that the Girl Scouts are the authors of the poster to
which they understandably take such violent exception." Id. at
1231.
Cases like these are best understood as involving a non-
trademark use of a mark--a use to which the infringement laws
simply do not apply, just as videotaping television shows for
private home use does not implicate the copyright holder's
exclusive right to reproduction. See Sony Corp. v. Universal
City Studios, Inc., 464 U.S. 417, 447-51, 104 S.Ct. 774, 791-93,
78 L.Ed.2d 574 (1984). [FN6] Indeed, we may generalize a
*308 class of cases where the use of the trademark does not
attempt to capitalize on consumer confusion or to appropriate
the cachet of one product for a different one. Such nominative
use of a mark--where the only word reasonably available to
describe a particular thing is pressed into service--lies outside
the strictures of trademark law: Because it does not implicate
the source-identification function that is the purpose of
trademark, it does not constitute unfair competition; such use is
fair because it does not imply sponsorship or endorsement by
the trademark holder. "When the mark is used in a way that
does not deceive the public we see no such sanctity in the word
as to prevent its being used to tell the truth." Prestonettes, Inc.
v. Coty, 264 U.S. 359, 368, 44 S.Ct. 350, 351, 68 L.Ed. 731
48. (1924) (Holmes, J.).
FN6. The common law has recognized a fair use defense to
claims of copyright infringement involving relatively harmless
violations for centuries. See Gyles v. Wilcox, 26 Eng.Rep.
489, 490 (Ch. 1740); William F. Patry, The Fair Use Privilege
in Copyright Law 6-17 (1985). While fair use has been part of
American copyright law for over a century and a half, see
Folsom v. Marsh, 9 F.Cas. 342, 344-49 (C.C.D.Mass.1841)
(Story, J.), and Gray v. Russell, 10 F.Cas. 1035, 1038-39
(C.C.D.Mass.1839) (Story, J.), the doctrine was only codified in
the 1976 revision of the copyright laws. Pub.L. No. 94-553, 90
Stat. 2546 (1976); see 17 U.S.C. § 107.
Sound policies underlie the fair use defense. The copyright
holder has a property interest in preventing others from reaping
the fruits of his labor, not in preventing the authors and thinkers
of the future from making use of, or building upon, his
advances. The process of creation is often an incremental one,
and advances building on past developments are far more
common than radical new concepts. See Lewis Galoob Toys,
Inc. v. Nintendo, Inc., 964 F.2d 965 (9th Cir.1992). Where the
infringement is small in relation to the new work created, the
fair user is profiting largely from his own creative efforts rather
than free-riding on another's work. A prohibition on all
copying whatsoever would stifle the free flow of ideas without
serving any legitimate interest of the copyright holder.
[7] To be sure, this is not the classic fair use case where the
defendant has used the plaintiff's mark to describe the
defendant's own product. Here, the New Kids trademark is
used to refer to the New Kids themselves. We therefore do not
purport to alter the test applicable in the paradigmatic fair use
case. If the defendant's use of the plaintiff's trademark refers
to something other than the plaintiff's product, the traditional
fair use inquiry will continue to govern. But, where the
defendant uses a trademark to describe the plaintiff's product,
49. rather than its own, we hold that a commercial user is entitled
to a nominative fair use defense provided he meets the
following three requirements: First, the product or service in
question must be one not readily identifiable without use of the
trademark; second, only so much of the mark or marks may be
used as is reasonably necessary to identify the product or
service; [FN7] and third, the user must do nothing that would,
in conjunction with the mark, suggest sponsorship or
endorsement by the trademark holder.
FN7. Thus, a soft drink competitor would be entitled to compare
its product to Coca-Cola or Coke, but would not be entitled to
use Coca-Cola's distinctive lettering. See Volkswagenwerk,
411 F.2d at 352 ("Church did not use Volkswagen's distinctive
lettering style or color scheme, nor did he display the encircled
'VW' emblem"); cf. Walt Disney Productions v. Air Pirates,
581 F.2d 751, 758 (9th Cir.1978) (taking "more than was
necessary" can defeat copyright fair use defense).
[8] B. The New Kids do not claim there was anything false or
misleading about the newspapers' use of their mark. Rather,
the first seven causes of action, while purporting to state
different claims, all hinge on one key factual allegation: that
the newspapers' use of the New Kids name in conducting the
unauthorized polls somehow implied that the New Kids were
sponsoring the polls. [FN8] It is no more reasonably possible,
however, to refer to the New Kids as an entity than it is to refer
to the Chicago Bulls, Volkswagens or the Boston Marathon
without using the trademark. Indeed, how could someone not
conversant with the proper names of the individual New Kids
talk about the group at all? While plaintiffs' trademark
certainly deserves protection against copycats and those who
falsely claim that the New Kids have endorsed or sponsored
them, such protection does not extend to rendering newspaper
articles, conversations, polls and comparative advertising
impossible. The first nominative use requirement is therefore
50. met.
FN8. The New Kids effectively concede as much. See Opening
Brief at 17 n. 11 ("plaintiffs showed a genuine issue of material
fact as to whether defendants' use of the New Kids' name and
likeness was likely to cause confusion regarding [the] existence
of such an 'implied endorsement' "); Reply Brief at 14 (same).
Also met are the second and third requirements. Both The Star
and USA Today reference the New Kids only to the extent
necessary to identify them as the subject of the polls; they do
not use the New Kids' distinctive logo or anything else that isn't
needed to make the announcements intelligible to readers.
Finally, nothing in the announcements suggests joint
sponsorship or endorsement by the New Kids. The USA Today
announcement implies *309 quite the contrary by asking
whether the New Kids might be "a turn off." The Star's poll is
more effusive but says nothing that expressly or by fair
implication connotes endorsement or joint sponsorship on the
part of the New Kids.
The New Kids argue that, even if the newspapers are entitled to
a nominative fair use defense for the announcements, they are
not entitled to it for the polls themselves, which were money-
making enterprises separate and apart from the newspapers'
reporting businesses. According to plaintiffs, defendants could
have minimized the intrusion into their rights by using an 800
number or asking readers to call in on normal telephone lines
which would not have resulted in a profit to the newspapers
based on the conduct of the polls themselves.
The New Kids see this as a crucial difference, distinguishing
this case from Volkswagenwerk, WCBV-TV and other
nominative use cases. The New Kids' argument in support of
this distinction is not entirely implausible: They point out that
their fans, like everyone else, have limited resources. Thus a
51. dollar spent calling the newspapers' 900 lines to express loyalty
to the New Kids may well be a dollar not spent on New Kids
products and services, including the New Kids' own 900
numbers. In short, plaintiffs argue that a nominative fair use
defense is inapplicable where the use in question competes
directly with that of the trademark holder.
[9] We reject this argument. While the New Kids have a
limited property right in their name, that right does not entitle
them to control their fans' use of their own money. Where, as
here, the use does not imply sponsorship or endorsement, the
fact that it is carried on for profit and in competition with the
trademark holder's business is beside the point. See, e.g.,
Universal City Studios, Inc. v. Ideal Publishing Corp., 195
U.S.P.Q. 761 (S.D.N.Y.1977) (magazine's use of TV program's
trademark "Hardy Boys" in connection with photographs of
show's stars not infringing). Voting for their favorite New Kid
may be, as plaintiffs point out, a way for fans to articulate their
loyalty to the group, and this may diminish the resources
available for products and services they sponsor. But the
trademark laws do not give the New Kids the right to channel
their fans' enthusiasm (and dollars) only into items licensed or
authorized by them. See International Order of Job's Daughters
v. Lindeburg & Co., 633 F.2d 912 (9th Cir.1990) (no
infringement where unauthorized jewelry maker produced rings
and pins bearing fraternal organization's trademark). The New
Kids could not use the trademark laws to prevent the
publication of an unauthorized group biography or to censor all
parodies or satires which use their name. [FN9] We fail to see a
material difference between these examples and the use here.
FN9. Consider, for example, a cartoon which appeared in a
recent edition of a humor magazine: The top panel depicts a
man in medieval garb hanging a poster announcing a
performance of "The New Kids on the Block" to an excited
group of onlookers. The lower panel shows the five New Kids,
52. drawn in caricature, hands tied behind their backs, kneeling
before "The Chopping Block" awaiting execution. Cracked #
17 (inside back cover) (Aug.1992). Cruel? No doubt--but
easily within the realm of satire and parody. See note 5, supra.
Summary judgment was proper as to the first seven causes of
action because they all hinge on a theory of implied
endorsement; there was none here as the uses in question were
purely nominative.
II
The New Kids raise three additional claims that merit brief
attention.
[10] A. The New Kids claim that USA Today's and The Star's
use of their name amounted to both commercial and common
law misappropriation under California law. Although there are
subtle differences between these two causes of action, all that's
material here is a key similarity between them: The papers have
a complete defense to both claims if they used the New Kids
name "in connection with any news, public affairs, or sports
broadcast or account" which was true in all material respects.
See Cal.Civ.Code § 3344(d); *310Eastwood v. Superior Ct.,
149 Cal.App.3d 409, 421 & 426, 198 Cal.Rptr. 342 (1983)
(extending the section 3344(d) defense to common law
misappropriation claims); see also Leidholdt v. L.F.P. Inc., 860
F.2d 890, 895 (9th Cir.1988), cert. denied, 489 U.S. 1080, 109
S.Ct. 1532, 103 L.Ed.2d 837 (1989); Maheu v. CBS, Inc., 201
Cal.App.3d 662, 676-77, 247 Cal.Rptr. 304 (1988). [FN10]
FN10. Contrary to the New Kids' assertion, see 745 F.Supp. at
1546 n. 8, the section 3344(d) defense is not coextensive with
the First Amendment. Rather, it is designed to avoid First
Amendment questions in the area of misappropriation by
providing extra breathing space for the use of a person's name
in connection with matters of public interest. See Eastwood,
53. 149 Cal.App.3d at 421, 198 Cal.Rptr. 342.
[11] In this case, USA Today's and The Star's use of the New
Kids' name was "in connection with" news accounts: The Star
ran concurrent articles on the New Kids along with its 900-
number poll, while USA Today promised a subsequent story on
the popularity of various members of the singing group. Both
papers also have an established track record of polling their
readers and then reporting the poll results as part of a later news
story. The New Kids' misappropriation claims are barred by
California Civil Code section 3344(d).
[12] B. The New Kids' remaining claim is for intentional
interference with prospective economic advantage, but they
ignore the maxim that all's fair in love, war and the free market.
Plaintiffs' case rests on the assumption that the polls operated to
siphon off the New Kids' fans or divert their resources away
from "official" New Kids products. Even were we to accept
this premise, no tort claim has been made out: "So long as the
plaintiff's contractual relations are merely contemplated or
potential, it is considered to be in the interest of the public that
any competitor should be free to divert them to himself by all
fair and reasonable means.... In short, it is no tort to beat a
business rival to prospective customers." A-Mark Coin Co. v.
General Mills, Inc., 148 Cal.App.3d 312, 323, 195 Cal.Rptr. 859
(1983); see B. Witkin, 5 Summary of California Law § 669 at
766 (1988) ("one competitor may induce customers of the other
to do business with him"). Because we have already
determined that the newspapers' use of the mark was "fair and
reasonable," the New Kids do not have a tort claim based on the
fact that they may have lost some business to a competitor.
Conclusion
The district court's judgment is
AFFIRMED.
56. [1] Trademarks 1034
382Tk1034Most Cited Cases
(Formerly 382k23)
No manufacturer can take out of the language a word, even a
slang term, that has generic meaning as to a category of
products and appropriate it for its own trademark use.
Restatement (Third) of Unfair Competition § § 15, 15
comment.
[2] Trademarks 1627
382Tk1627Most Cited Cases
(Formerly 382k587)
Though not conclusive, dictionary definitions of a word to
denote a category of products are significant evidence of
genericness precluding trademark protection, as they usually
reflect the public's perception of a word's meaning and its
contemporary usage. Restatement (Third) of Unfair
Competition § § 15, 15 comment.
[3] Trademarks 1034
382Tk1034Most Cited Cases
(Formerly 382k23)
Word "hog" was generic as applied to large motorcycles,
precluding manufacturer's assertion of trademark rights; word
was used with large motorcycles generally as early as 1967,
manufacturer did not begin using word until 1980's and tried to
disassociate itself from "hog" label before that time.
Restatement (Third) of Unfair Competition § § 15, 15
comment.
[4] Trademarks 1034
382Tk1034Most Cited Cases
(Formerly 382k23)
Motorcycle manufacturer did not acquire trademark rights in
generic term "hog," used with large motorcycles, by using term
57. for period of time before seeking registration of trademark;
acquisition of trademarks in generic terms was limited to
company names.
[5] Trademarks 1166
382Tk1166Most Cited Cases
(Formerly 382k23)
Dual usage doctrine of trademark law, under which limited
trademark rights could remain in trademark that began as
proprietary and gradually became generic, was unavailable to
manufacturer of large motorcycles seeking to assert trademark
in word "hog;" word was generic when first applied to
motorcycles. Restatement (Third) of Unfair Competition § §
15, 15 comment.
[6] Trademarks 1034
382Tk1034Most Cited Cases
(Formerly 382k23)
Manufacturer of large motorcycles was not entitled to trademark
on word "hog," even though relevant consumers began using
word to identify manufacturer's motorcycles prior to
registration of trademark by manufacturer; "hog" had become
word applying to large motorcycles generally before consumers
began applying it to manufacturer's motorcycles.
[7] Trademarks 1524(2)
382Tk1524(2)Most Cited Cases
(Formerly 382k375.1)
Parody defense to trademark infringement claim did not apply
to motorcycle repairer's use of bar and shield logo
approximating trademarked logo of motorcycle manufacturer;
infringing mark was used to support competing business, as
manufacturer had its group of authorized repairers, and
commentary upon original trademark necessary to have parody
was missing. Restatement (Third) of Unfair Competition § §
25, 25 comment.