EH223Dr. TempleEssay #2For essay two, you may write
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EH223 Dr. Temple Essay #2 For essay two, you may write on one of the following themes. Please use Times New Roman 12pt font, and do not include a separate title page. Instead, simply include the following in the upper left hand corner of the first page: your name, my name, the course number, and the date on separate lines, double-spacing between the lines. Double-space again and center the title of your essay. Do not underline or italicize your title, and number your pages. Your essays should be approximately 3-4 pages long (double spaced) and they are due to Canvas by midnight on Thursday, 12/13. What does E.D.E.N. Southworth’s “The Wife’s Victory” tell us about women’s experience in pre- Civil War America? On the surface, “The Wife’s Victory” would seem to offer a bleak formula for women’s success. But does the story also critique any elements of how women were encouraged to behave in early America? ...
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Jackson is a 25-year old male who has recently been admitted to a substance abuse program in Chicago, Illinois. He has been arrested several times for possession of a controlled substance but has not served any time in jail. He grew up in a single-parent household with his mother, Tina. Tina, 45, is employed as a high school teacher; his biological father is not involved in his life. Tina’s boyfriend, Michael, often attempts to serve as a father figure to Jackson.
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The IT staff at Texas Health Resources Inc. must deliver more than technical functionality. And it needs to deliver more than the business requirements; it also has to meet the organization’s ethical standards.
To that end, its systems must help ensure that Texas Health complies with laws and regulations. And they also have to promote the right behaviors and prevent or flag undesirable ones, says Micheal Alverson, vice president and deputy chief information officer at the Arlington-based nonprofit health care system. Consider the challenge of handling patients’ medical records. Even though the federal Health Insurance Probability and Accountability Act mandates that agencies keep those records private, caregivers still need to access them—when appropriate.
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“the IT staff holds itself to similar ethical standards, too,” Alverson says. The department has policies that prohibit taking gifts and endorsing vendors, to help guarantee that workers make procurement decisions only based on quality and needs. And when there’s any question—such as when a vendor proposes a deep discount if Texas Health agrees to be an early adopter of a new technology—IT leaders can turn to the system wide Business and Ethics Council for guidance.
“If we really want everyone to subscribe to the idea that working at Texas Health is special, then we have to have people actively believe in doing the right thing,” Alverson says.
Companies are increasingly looking at their ethics policies and articulating specific values that address a range of issues, from community commitment to environmental sustainability, which employees can use to guide their work. The need to comply with federal laws and regulations drives some of this, while consumer expectations, employee demands, and economic pressures also play a part.
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“The decisions are easier in the days when the e.
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The name of the person and his or her relationship to you.
The interview subject's cultural background and the culture and/or subcultures to which he or she belongs.
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If he or sh.
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B
usiness
R
eview
on
D
oing
B
usiness
in
China
,
by
Kenneth
Liberthal
and
et
al
.
,
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Case Study
Commonwealth v Pullis (Philadelphia Cordwainers Case of 1806) Philadelphia Mayor's Court, 3 Commons and Gilmore. In a 1 -2 page paper address the following:
How did the court view the combination of workers with respect to their intent?
Did the court find the continuance of the withholding of labor attributable to a combination?
Case Study:
Attached
.
read the attachment carfully and the most important thingCompo.docx
read the attachment carfully
and the most important thing
Compose a text (entirely in your own words) that is historically accurate, full of interesting detail, grammatically correct, and no longer than 150 words. The focus of your marker should be on the time period covered in the course (before 1500 CE and as indicated in the assignment).
in high school level
.
Read the article titled The Perils and Pitfalls of Leading Change.docx
Read the article titled
“The Perils and Pitfalls of Leading Change”
. Next, analyze the change that was implemented by Daniel Oliveira. Synthesize the change based on Kotter’s eight (8) steps for leading change. Determine if Oliveira followed the Kotter model. Select one (1) of the steps to assess and determine if Oliveira accomplished this step. Why was this an important step? Comment on how following the model may have made his change successful.
.
Read the article Factory Girls. (cover story). (2014). Scho.docx
Read the article:
Factory Girls
.
(cover story). (2014).
Scholastic News – Edition 3, 70
16), 1.
In what ways did working in the Lowell Mills shape a young woman’s self-image, world paradigm, and redefine her place in the society? Consider the following questions as you respond:
The work environment in the Mills
The way women viewed their purpose and future
How working in the Mills may have impacted other areas of the women’s lives.
.
Read the Article by Eugenia Georgaca entitled Talk and the Nature o.docx
Read the Article by Eugenia Georgaca entitled 'Talk and the Nature of Delusions' (2004) and answer the questions listed below:
1.Summarize the authors central argument about what she feels is important to take into consideration when understanding delusions.
2. On what basis does the author question the 'irrationality of delusions' (pg 89). Explain his challenge of the assumption that 'normal people are rational'.
3. What does the author mean by what she calls taking a 'sociocultural stance' in understanding delusions? (pg 91).
4. What is the theory of social constructivism? (pg 92)
5. Do you feel it is important to consider the specific content of 'delusional' speech in terms of a co-created way in which delusions are produced? Explain your answer.
.
Read Philippians 219–24. Paul observed that most believers are to.docx
Read Philippians 2:19–24.
Paul observed that most believers are too preoccupied with their own need to spend time working for Christ. He cautions not to let your schedule and concerns crowd out your Christian service to and love for others. Apply this scripture to both your students working in cooperative learning groups and to you as a teacher working with your colleagues. This assignmen only has to be 1 paragraph.
.
Read Reforming Reform Understanding the Past and Securing the Fut.docx
Read
Reforming Reform: Understanding the Past and Securing the Future Through a New Theory of Education Policy
by Steve Peha. Describe and evaluate the tripartite approach to education reform (structural, cultural, and entitlement reform). Address the impact of the tripartite approach in relation to the federal program you described in the Week 2 written assignment. In addition to the article, support your response with information from a minimum of one credible resource.
please use references from the US
.
Read one of the articles listed below based on the topic of research.docx
Read one of the articles listed below based on the topic of research you selected in Week 1.
Childhood diabetes
Cammarata, C., Meyer, K. J., Geffken, G., Felipe, D., et al. (2009). Psychosocial issues that affect youth with diabetes.
American Journal of Health Education
,
40
(5), 277–281. Retrieved from the Walden Library databases.
Alcohol use in adolescents
Chuang, Y.-C., Ennett, S. T., Bauman, K. E., & Foshee, V. A. (2009). Relationships of adolescents' perceptions of parental and peer behaviors with cigarette and alcohol use in different neighborhood contexts.
Journal of Youth and Adolescence
,
38
, 1388–1398. Retrieved from the Walden Library databases.
Skin cancer in young women
Pettijohn, T. F., , II, Pettijohn, T. F., & Geschke, K. S. (2009). Changes in sun tanning attitudes and behaviors of U.S. college students from 1995 to 2005.
College Student Journal
,
43
(1), 161–165. Retrieved from the Walden Library databases.
Cardiovascular disease in the minority population
Graham-Garcia, J., Raines, T. L., Andrews, J. O.,, & Mensah, G. A. (2001). Race, ethnicity, and geography: Disparities in heart disease in women of color.
Journal of Transcultural Nursing
,
12
, 56–67. Retrieved from the Walden Library databases.
Childhood immunizations
Findley, S. E., Irigoyen, M., Sanchez, M., Stockwell, M. S., et al. (2008). Effectiveness of a community coalition for improving child vaccination rates in New York City.
American Journal of Public Health
,
98
, 1959–1962. Retrieved from the Walden Library databases.
Long-term care for patients with Alzheimer's disease
McClendon, M. J, Smyth, K. A., & Neundorfer, M. M. (2006). Long-term-care placement and survival of persons with Alzheimer's disease.
The Journals of Gerontology
,
61B
(4), 220-227. (see your week 2 resources area to view the article).
Cultural impact of posttraumatic stress disorder
Nayback, A.-M. (2008). Health disparities in military veterans with PTSD: Influential sociocultural factors.
Journal of Psychosocial Nursing & Mental Health Services
,
46
(6), 43–51. Retrieved from the Walden Library databases.
Privacy with electronic health records
Dimitropoulos, L., & Rizk, S. (2009). A state-based approach to privacy and security for interoperable health information exchange.
Health Affairs
,
28
, 428–434. Retrieved from the Walden Library databases.
To complete
this Application Assignment, write a 2- to 4-page paper answering the following questions:
Abstract and Citation
Did the title assist in identifying whether the article would pertain to your research topic? Why?
Does the abstract clearly summarize the main features of the article? How?
Research Question
Is the research problem easy to identity? Summarize the research problem.
What is the specific research question being asked?
Is the article relevant to the research question you developed? Why or why not?
Source
Was the article a primary or secondary source?
References
How many references does it include?
Are the ref.
Read the article and Provide a brief summary of it discussing the fo.docx
Read the article and Provide a brief summary of it discussing the following:
1.
The main arguments of the author.
2.
The basis on which he makes his arguments.
3.
Whether and how his arguments are a critique of the theories of international trade.
.
Read Kristof’s Saudi’s in Bikinis” (272) then answer these follow.docx
Read
Kristof’s “Saudi’s in Bikinis” (272) then answer these following questions:
1.
What
Were Your“Gut Reactions” to the Works as You First Read Them? This section is not about facts, objective analysis, or even interpreting the abstract; rather, it is all about the first impression—“gut” reactions—you specifically had upon first reading the piece.
2.
Distinctions – Identifying the lines of demarcation between the works and ideas within the works, which is embracing complexity! What makes the works different from one-another—in terms of the authors’ biographies, the contexts of the works, or the works themselves? Look for uniqueness.
3.
Systems – Look at
the parts
and
the whole
that comprise systems. The ideas and specific details of each work do not exist in isolation, as they are part of larger systems (social, political, economic, ideological, etc) that the work represents, draws from, or influences.
4.
Relationships –
What
Connects the Works? What parallels, or connections, do you see among the works? What points of agreement or disagreement do they have on the surface (explicitly stated)? What about beneath the surface (implied)? Do you see any “common denominators” running through any combination of these readings? For this section, think in terms of the shaded section of a Venn Diagram. Think creatively, and explain your rationale for the connections you make
5.
Perspectives – Attempting to understand and appreciate where the author/speaker is coming from, which translates into respect, empathy, tolerance, and personal and social responsibility. What does the work teach, either implicitly or explicitly, about such areas I’ve just listed? Furthermore, how did the works personally impact your understanding of other beliefs, cultures, or places?
6.
What
“rhetorical mode” is the piece listed under (i.e. in what chapter of the book does each work appear), and how effectively does the piece represent that mode? Use specific details from the chapter/rhetorical mode introduction to explain how a particular
narrative
essay, for example, demonstrates the rhetorical mode of narration. Also, discuss what other modes are used in conjunction with that mode and provide examples. Using the narrative essay as an example again, do you see the rhetorical modes of “description” or “exemplification” (examples) being used by the author?
7.
What
Ideological, Philosophical, Political and/or Spiritual Content Emerges in the Works? In contrast to the “concrete” material in the works that can be obtained through observation and factual information (like section II and III above), this section asks you to examine
ideas
essentially—which are less tangible and harder to nail-down with absolute certainty. Your job is to use “inference” (assumptions about the unknown based on the known) and examples in order to make the case for the existence of abstract content. It is safe to say that each work contains
some
degree of at leas.
Read Case Problem 10-16 on page 283 of your text, and the two relate.docx
Read Case Problem 10-16 on page 283 of your text, and the two related cases:
SoftMan Products Co., LLC v. Adobe Systems, Inc.
, 171 F. Supp. 2d 1075 (C.D. Cal. 2001).
Adobe Systems, Inc. v. Stargate Software, Inc.
, 216 F. Supp. 2d 1051 (N.D. Cal. 2002)
Reply to a classmate who reached a conclusion different than yours (i.e., if your analysis showed that SoftMan should prevail, respond to someone who chose Adobe). Your reply should explain why your analysis results in a better solution to the case.
The reply must be at least 450 words, and rely on at least two scholarly sources other than the text and the Bible, cited in proper APA form.
Micheal Stafford is the student you are responding to He is for Adobe and I was for Softman:
Facts:
The case Softman Products Company LLC., versus Adobe Systems Incorporated presents numerous complex issues in regards to contract law. Softman, a reseller of computer software, has been selling Adobe products that Adobe believes should be distributed as part of a set if they are to be distributed at all. As a result of Softman’s actions, Adobe files a counterclaim because they believe that Softman has infringed on its trademark. Adobe feels that it reputation is at stake because they believe that the products that Softman has been selling have been altered and consumers may have a difficult time receiving the proper technical support if they experienced problems with the software, which could cause consumers not to trust the Adobe name. Softman Products Company believes that they have committed no wrong doing since they do not have a contract with Adobe Systems Incorporated. There are various questions that the court must answer in regards to this case. First of all, what right(s) does Adobe have as owner of the intellectual property? What does Adobe actually own? Does the First Sale Doctrine apply in regards to this case?
Issue:
Adobe contends that it products are not to be sold, but distributed through licensing agreements, and the end user obtains a license to use the products; however, the end user does not own any of the copyrighted information. The end users agreement allows for the sale or transfer of the software, provided that the person or entity transfers all of the products and surrender all of their rights to use the software (Palma Decl., Ex. 1.). Softman’s case relies on the First Sale Doctrine, which was first reviewed by the United States Supreme Court in 1908, and states, “the owner of a particular copy…lawfully made under this title… is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy.” (Bobbs-Merrill Co. v. Straus, 210 U.S. 339, 28 S. Ct. 722, 52 L.Ed. 1086 (1908). Softman legally purchased the software, and because of the company’s intent to resale the merchandise, they technically were not the end users of the product, so should they be subject to the end users agreement?
Rule of Law and Application:
There are two .
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,
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Read the following case studies in order to complete the Week .docx
Read the following case studies in order to complete the Week Three Individual Assignment.
Case Study 1: Jackson
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elect
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Write
a 700- to 1,050-word paper describing the influence the experiences have made on the person’s development.
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Discuss the family, social, and intimate relationships of the person in the case study.
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.
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The IT staff at Texas Health Resources Inc. must deliver more than technical functionality. And it needs to deliver more than the business requirements; it also has to meet the organization’s ethical standards.
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To determine what issues they encountered in terms of intercultural communications.
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The name of the person and his or her relationship to you.
The interview subject's cultural background and the culture and/or subcultures to which he or she belongs.
At least six questions from the following list. You may add additional questions or other questions not on this list, if you wish. Remember, though, that the focus of your paper must be on intercultural communication issues.
How far back in time can the person remember? What is his or her first childhood memory? (Consider how it reflects the interview subject's culture or subculture?)
What does the person remember of the experience of being an immigrant or a subgroup member in that time?
Which impressions or experiences from that time are most vivid to him or her today?
If he or sh.
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Read "The Fashion Punk Paradox" and answer the following questions:
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2. Allusions are a key part of Hyde’s argument. Choose one cultural allusion, and explain how it functions in the overall line of reasoning.
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Read the following
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Read the book:
Harvard
B
usiness
R
eview
on
D
oing
B
usiness
in
China
,
by
Kenneth
Liberthal
and
et
al
.
,
Harvard Business School, 2004
, and write a book report
(5 pages, double-spaced). The report should
include:
Your overall reflection on the book
Explaining three views/points you agree or disagree with the author and why you agree or disagree
Three things in the book that your feel helpful for your trip preparation and how they are helpful
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Read the Case Study Commonwealth v Pullis (Philadelphia Cordwain.docx
Read the
Case Study
Commonwealth v Pullis (Philadelphia Cordwainers Case of 1806) Philadelphia Mayor's Court, 3 Commons and Gilmore. In a 1 -2 page paper address the following:
How did the court view the combination of workers with respect to their intent?
Did the court find the continuance of the withholding of labor attributable to a combination?
Case Study:
Attached
.
read the attachment carfully and the most important thingCompo.docx
read the attachment carfully
and the most important thing
Compose a text (entirely in your own words) that is historically accurate, full of interesting detail, grammatically correct, and no longer than 150 words. The focus of your marker should be on the time period covered in the course (before 1500 CE and as indicated in the assignment).
in high school level
.
Read the article titled The Perils and Pitfalls of Leading Change.docx
Read the article titled
“The Perils and Pitfalls of Leading Change”
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.
Read the article Factory Girls. (cover story). (2014). Scho.docx
Read the article:
Factory Girls
.
(cover story). (2014).
Scholastic News – Edition 3, 70
16), 1.
In what ways did working in the Lowell Mills shape a young woman’s self-image, world paradigm, and redefine her place in the society? Consider the following questions as you respond:
The work environment in the Mills
The way women viewed their purpose and future
How working in the Mills may have impacted other areas of the women’s lives.
.
Read the Article by Eugenia Georgaca entitled Talk and the Nature o.docx
Read the Article by Eugenia Georgaca entitled 'Talk and the Nature of Delusions' (2004) and answer the questions listed below:
1.Summarize the authors central argument about what she feels is important to take into consideration when understanding delusions.
2. On what basis does the author question the 'irrationality of delusions' (pg 89). Explain his challenge of the assumption that 'normal people are rational'.
3. What does the author mean by what she calls taking a 'sociocultural stance' in understanding delusions? (pg 91).
4. What is the theory of social constructivism? (pg 92)
5. Do you feel it is important to consider the specific content of 'delusional' speech in terms of a co-created way in which delusions are produced? Explain your answer.
.
Read Philippians 219–24. Paul observed that most believers are to.docx
Read Philippians 2:19–24.
Paul observed that most believers are too preoccupied with their own need to spend time working for Christ. He cautions not to let your schedule and concerns crowd out your Christian service to and love for others. Apply this scripture to both your students working in cooperative learning groups and to you as a teacher working with your colleagues. This assignmen only has to be 1 paragraph.
.
Read Reforming Reform Understanding the Past and Securing the Fut.docx
Read
Reforming Reform: Understanding the Past and Securing the Future Through a New Theory of Education Policy
by Steve Peha. Describe and evaluate the tripartite approach to education reform (structural, cultural, and entitlement reform). Address the impact of the tripartite approach in relation to the federal program you described in the Week 2 written assignment. In addition to the article, support your response with information from a minimum of one credible resource.
please use references from the US
.
Read one of the articles listed below based on the topic of research.docx
Read one of the articles listed below based on the topic of research you selected in Week 1.
Childhood diabetes
Cammarata, C., Meyer, K. J., Geffken, G., Felipe, D., et al. (2009). Psychosocial issues that affect youth with diabetes.
American Journal of Health Education
,
40
(5), 277–281. Retrieved from the Walden Library databases.
Alcohol use in adolescents
Chuang, Y.-C., Ennett, S. T., Bauman, K. E., & Foshee, V. A. (2009). Relationships of adolescents' perceptions of parental and peer behaviors with cigarette and alcohol use in different neighborhood contexts.
Journal of Youth and Adolescence
,
38
, 1388–1398. Retrieved from the Walden Library databases.
Skin cancer in young women
Pettijohn, T. F., , II, Pettijohn, T. F., & Geschke, K. S. (2009). Changes in sun tanning attitudes and behaviors of U.S. college students from 1995 to 2005.
College Student Journal
,
43
(1), 161–165. Retrieved from the Walden Library databases.
Cardiovascular disease in the minority population
Graham-Garcia, J., Raines, T. L., Andrews, J. O.,, & Mensah, G. A. (2001). Race, ethnicity, and geography: Disparities in heart disease in women of color.
Journal of Transcultural Nursing
,
12
, 56–67. Retrieved from the Walden Library databases.
Childhood immunizations
Findley, S. E., Irigoyen, M., Sanchez, M., Stockwell, M. S., et al. (2008). Effectiveness of a community coalition for improving child vaccination rates in New York City.
American Journal of Public Health
,
98
, 1959–1962. Retrieved from the Walden Library databases.
Long-term care for patients with Alzheimer's disease
McClendon, M. J, Smyth, K. A., & Neundorfer, M. M. (2006). Long-term-care placement and survival of persons with Alzheimer's disease.
The Journals of Gerontology
,
61B
(4), 220-227. (see your week 2 resources area to view the article).
Cultural impact of posttraumatic stress disorder
Nayback, A.-M. (2008). Health disparities in military veterans with PTSD: Influential sociocultural factors.
Journal of Psychosocial Nursing & Mental Health Services
,
46
(6), 43–51. Retrieved from the Walden Library databases.
Privacy with electronic health records
Dimitropoulos, L., & Rizk, S. (2009). A state-based approach to privacy and security for interoperable health information exchange.
Health Affairs
,
28
, 428–434. Retrieved from the Walden Library databases.
To complete
this Application Assignment, write a 2- to 4-page paper answering the following questions:
Abstract and Citation
Did the title assist in identifying whether the article would pertain to your research topic? Why?
Does the abstract clearly summarize the main features of the article? How?
Research Question
Is the research problem easy to identity? Summarize the research problem.
What is the specific research question being asked?
Is the article relevant to the research question you developed? Why or why not?
Source
Was the article a primary or secondary source?
References
How many references does it include?
Are the ref.
Read the article and Provide a brief summary of it discussing the fo.docx
Read the article and Provide a brief summary of it discussing the following:
1.
The main arguments of the author.
2.
The basis on which he makes his arguments.
3.
Whether and how his arguments are a critique of the theories of international trade.
.
Read Kristof’s Saudi’s in Bikinis” (272) then answer these follow.docx
Read
Kristof’s “Saudi’s in Bikinis” (272) then answer these following questions:
1.
What
Were Your“Gut Reactions” to the Works as You First Read Them? This section is not about facts, objective analysis, or even interpreting the abstract; rather, it is all about the first impression—“gut” reactions—you specifically had upon first reading the piece.
2.
Distinctions – Identifying the lines of demarcation between the works and ideas within the works, which is embracing complexity! What makes the works different from one-another—in terms of the authors’ biographies, the contexts of the works, or the works themselves? Look for uniqueness.
3.
Systems – Look at
the parts
and
the whole
that comprise systems. The ideas and specific details of each work do not exist in isolation, as they are part of larger systems (social, political, economic, ideological, etc) that the work represents, draws from, or influences.
4.
Relationships –
What
Connects the Works? What parallels, or connections, do you see among the works? What points of agreement or disagreement do they have on the surface (explicitly stated)? What about beneath the surface (implied)? Do you see any “common denominators” running through any combination of these readings? For this section, think in terms of the shaded section of a Venn Diagram. Think creatively, and explain your rationale for the connections you make
5.
Perspectives – Attempting to understand and appreciate where the author/speaker is coming from, which translates into respect, empathy, tolerance, and personal and social responsibility. What does the work teach, either implicitly or explicitly, about such areas I’ve just listed? Furthermore, how did the works personally impact your understanding of other beliefs, cultures, or places?
6.
What
“rhetorical mode” is the piece listed under (i.e. in what chapter of the book does each work appear), and how effectively does the piece represent that mode? Use specific details from the chapter/rhetorical mode introduction to explain how a particular
narrative
essay, for example, demonstrates the rhetorical mode of narration. Also, discuss what other modes are used in conjunction with that mode and provide examples. Using the narrative essay as an example again, do you see the rhetorical modes of “description” or “exemplification” (examples) being used by the author?
7.
What
Ideological, Philosophical, Political and/or Spiritual Content Emerges in the Works? In contrast to the “concrete” material in the works that can be obtained through observation and factual information (like section II and III above), this section asks you to examine
ideas
essentially—which are less tangible and harder to nail-down with absolute certainty. Your job is to use “inference” (assumptions about the unknown based on the known) and examples in order to make the case for the existence of abstract content. It is safe to say that each work contains
some
degree of at leas.
Read Case Problem 10-16 on page 283 of your text, and the two relate.docx
Read Case Problem 10-16 on page 283 of your text, and the two related cases:
SoftMan Products Co., LLC v. Adobe Systems, Inc.
, 171 F. Supp. 2d 1075 (C.D. Cal. 2001).
Adobe Systems, Inc. v. Stargate Software, Inc.
, 216 F. Supp. 2d 1051 (N.D. Cal. 2002)
Reply to a classmate who reached a conclusion different than yours (i.e., if your analysis showed that SoftMan should prevail, respond to someone who chose Adobe). Your reply should explain why your analysis results in a better solution to the case.
The reply must be at least 450 words, and rely on at least two scholarly sources other than the text and the Bible, cited in proper APA form.
Micheal Stafford is the student you are responding to He is for Adobe and I was for Softman:
Facts:
The case Softman Products Company LLC., versus Adobe Systems Incorporated presents numerous complex issues in regards to contract law. Softman, a reseller of computer software, has been selling Adobe products that Adobe believes should be distributed as part of a set if they are to be distributed at all. As a result of Softman’s actions, Adobe files a counterclaim because they believe that Softman has infringed on its trademark. Adobe feels that it reputation is at stake because they believe that the products that Softman has been selling have been altered and consumers may have a difficult time receiving the proper technical support if they experienced problems with the software, which could cause consumers not to trust the Adobe name. Softman Products Company believes that they have committed no wrong doing since they do not have a contract with Adobe Systems Incorporated. There are various questions that the court must answer in regards to this case. First of all, what right(s) does Adobe have as owner of the intellectual property? What does Adobe actually own? Does the First Sale Doctrine apply in regards to this case?
Issue:
Adobe contends that it products are not to be sold, but distributed through licensing agreements, and the end user obtains a license to use the products; however, the end user does not own any of the copyrighted information. The end users agreement allows for the sale or transfer of the software, provided that the person or entity transfers all of the products and surrender all of their rights to use the software (Palma Decl., Ex. 1.). Softman’s case relies on the First Sale Doctrine, which was first reviewed by the United States Supreme Court in 1908, and states, “the owner of a particular copy…lawfully made under this title… is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy.” (Bobbs-Merrill Co. v. Straus, 210 U.S. 339, 28 S. Ct. 722, 52 L.Ed. 1086 (1908). Softman legally purchased the software, and because of the company’s intent to resale the merchandise, they technically were not the end users of the product, so should they be subject to the end users agreement?
Rule of Law and Application:
There are two .
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