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Final Research Paper - Please review all the requirements for
your Final Paper thoroughly! No Final Paper will be accepted
after the last day of class unless you have a Certified Disability
Certificate or prior approval from me.
Chapter 14 discusses cyber law which is the Digital Wild West
as described by the Author. It is such a new and fascinating
cyber world out there that is just in the infancy stages where the
law is always one step behind. We need a lot of good sheriffs
out there to protect us in this cyber world and it appears we
have some good people protecting us but we sure need a lot
more. We also need to try to get ahead of the bad guys but we
are always coming up with new laws because of what the bad
guys have already done on the Internet. If we could only get
one step ahead instead of always being one step behind! :-)
We hear about young hackers often only high school kids who
are able to hack into the Pentagon, banks, credit companies, and
some of the most secure businesses in the world and it are
certainly hard for any business to feel really safe when they are
doing business on the Internet. There is so much computer
fraud, identity theft, cyber torts and all those cookies and acts
of piracy that it makes an old person like me wishing it was like
the good old days! :-) Not really. Businesses can get work
done so more efficiently and quickly using the Internet and it is
only going to grow 100 fold in the next few years. We might all
as well learn all we can about safeguarding ourselves in the
world of cyberspace and grow in knowledge to try to stay up
with all the changes that are occurring so quickly in this arena.
The section on Click – Wrap Contracts is a very interesting one
and it is surprising that there is a split in the courts where some
courts apply the rule when you click the “I agree” box you have
read and understood and therefore the “buyer beware” applies
While other courts feel that these long legal contracts with
terms many people do not even understand and do not even read
them are not valid as they are not understood by many
customers. As the textbook says, you should really always
assume that you are going to be held liable for whatever the
contract says and when you click the “I Agree” box, the
Agreement will prevail.
As we all know, at one time you could buy anything on the
Internet and you would not be taxed. Whenever the government
feels they are losing money in some way they are going to do
whatever it takes to be sure they get their cut out of any
transactions that are occurring on the Internet if there is any
possible way for them to do so. They will get their share. They
have started instituting tax laws when and where ever they can
as they see that big revenue pile up money just waiting for them
to scoop it up. The taxing is just beginning folks and will only
get worse in time. :-)
There are more and more businesses that are doing business
through the Internet because there are so many more people that
are able to work from their home and not have to rent an office.
They even have businesses now that have big office buildings
that you can rent a office for one day a week, or one day a
month or for a conference for a day and all the time you are
working out of your home which is your primary office.
Expenses can be drastically cut when you are working a
business through the Internet and it is often very convenient.
Just like going to college on the Internet, running a business
from your home can be very flexible and very convenient. It
can also save you a lot of travel time and this is getting to be
one of the many reasons people are working out of their homes.
Many businesses allow their employees to work out all of their
homes and not travel back and forth to work each day. The
Internet has only begun to show us the uses that can be applied
to a business and the creativity and ingenuity of people will
have businesses using the Internet a hundredfold in the next few
years.
Chapter 15 discusses international and environmental law. With
the explosion of the Internet we are finding the explosion of
businesses going internationally with their businesses. It is
easier for business to now be able to do business globally
because of the Internet which brings about many new challenges
for businesses. The author at the beginning of chapter 15 brings
up many important questions that need to be asked: What kind
of regulations must you deal with, both in your own country and
in the foreign country? Where would disputes be settled and
under whose law? Do U.S. laws still apply when your company
is acting outside U.S. borders?
We have learned in chapter 15 that the source of international
law comes from treaties and agreements made by countries and
often many countries are part of the treaties and agreements.
Two of the treaties most of us easily recognize are the North
American Free Trade Agreement (NAFTA) and General
Agreements on terrorists and Trade (GATT) that was set up in
1947 and sets rules to ensure there is no trade discrimination
between the countries that have signed this agreement. Then in
1995 the World Trade Organization (WTO) was formed as
terrorists became less common place more nations came to
recognize that GATT was no longer sufficient. The WTO had
authority for not only GATT but GATS: the General Agreement
on Trade in Service; TRiS: agreement on trade-related aspects
of intellectual property rights; and TRIMS: Trade Related
Investment Measures (p.587).
The author talks about several of the basic principles of
International Law. One of them is the principle of comity: The
principle of comity means that a nation will defer to and give
effect to the laws and judicial rulings of another country to the
extent that they are consistent with the laws and public policy
of the accommodating nation (ch.15.1). Other principals
include the doctrine of “sovereign immunity” and the doctrine
of the “act of state” which means that courts in one nation will
not question public acts committed by recognized foreign
governments within its own borders (ch.15.1). Businesses from
the United States doing business in another company must
understand the concept of expropriation which allows a
government to nationalize a business and seize private assets for
the good of the public. Very often the government will not pay
fair compensation and a business could substantially lose their
assets in that country.
At interesting topic is the author’s discussion about bribes
which are illegal when dealing with foreign entities but “grease
payments”, which are said to expedite a process and not to bribe
officials, are okay! That whole concept sounds a little smelly to
me. How about you? :-)
Chapter 15 also discusses environmental law which is a hot
topic nowadays. We all are aware of the national environment
policy act of 1970 that ensures that the federal government
itself does not contribute to the deterioration of the
environment. Any company receiving government funds for any
project must provide an environmental impact statement (EIS).
There is a lot of debate presently whether these environmental
impact studies are going too far and are too costly and impeding
business projects Liuzzo (2013). We now have the
Environmental Protection Act (EPA) and the Clear air Acts that
is also somewhat controversy over as many people think the
government is becoming over burdensome for people to open up
businesses and to continue in business. There must be fair and
reasonable laws and not go overboard when making new laws
and cause undue burdens upon businesses and/or private
parties..
The Author discusses the Superfund which is a federal statute
(also known as Comprehensive Environmental Response
Compensation, and Liability Act that regulates the dumping of
waste onto land (ch.15.2). This Superfund designates specific
sites that receive the highest priority to be cleaned up as soon as
possible. The author discusses the various types of pollution
which we are all pretty familiar with and I am not going to
spend time going over them as there are only a few pages and it
is an easy read for you. There are many environmental acts that
help protect our air and water and once again there is dispute
over how effective these programs are and whether too much
money is being spent with regulations that make it extremely
difficult for businesses to deal with. Some of them are very
good regulations and some of them are on fortunately
regulations that are too costly for business and do little, if
anything, for the environment. There must be a proper balance
and good thought and good science must be put into effective
regulations.
escription:
Total Possible Score: 28.00
Organization: Introduction, Thesis Statement and Conclusion
Total: 1.50
Distinguished - The paper is logically organized with a well-
written introduction, thesis statement, and conclusion.
Proficient - The paper is logically organized with an
introduction, thesis statement, and conclusion. One of these
requires improvement.
Basic - The paper is organized with an introduction, thesis
statement, and conclusion. One or more of the introduction,
thesis statement, and/or conclusion require improvement.
Below Expectations - The paper is loosely organized with an
introduction, thesis statement, and conclusion. The introduction,
thesis statement, and/or conclusion require much improvement.
Non-Performance -= The introduction, thesis statement, and
conclusion are either nonexistent or lack the components
described in the assignment instructions.
Determines if the Contracts With the Businesses Will Be
Governed by Common Law or the Uniform Commercial Code
(UCC) and Explains Why
Total: 3.00
Distinguished - Accurately determines if the contract with the
businesses will be governed by common law or the UCC and
comprehensively explains why.
Proficient - Accurately determines if the contract with the
businesses will be governed by common law or the UCC and
explains why. The explanation is slightly underdeveloped.
Basic - Determines if the contract with the businesses will be
governed by common law or the UCC and explains why. The
determination is inaccurate and/or the explanation is
underdeveloped.
Below Expectations - Attempts to determine if the contract with
the businesses will be governed by common law or the UCC and
explain why; however, the determination is inaccurate and/or
the explanation is significantly underdeveloped.
Non-Performance - The determination of whether the contracts
will be governed by common law or the UCC is either
nonexistent or lacks the components described in the assignment
instructions.
Analyzes Whether the Owner Formed a Contract With the
Businesses and Applies the Five Essential Elements of an
Enforceable Contract
Total: 4.00
Distinguished - Thoroughly analyzes whether or not the owner
formed a contract with the businesses and effectively applies all
five essential elements of an enforceable contract.
Proficient - Analyzes whether or not the owner formed a
contract with the businesses and applies all five essential
elements of an enforceable contract. The analysis is slightly
underdeveloped.
Basic - Partially analyzes whether or not the owner formed a
contract with the businesses and applies all five essential
elements of an enforceable contract. The analysis is
underdeveloped.
Below Expectations - Attempts to analyze whether or not the
owner formed a contract with the businesses; however, does not
apply all five essential elements of an enforceable contract
and/or the analysis is significantly underdeveloped.
Non-Performance - The analysis of whether or not the owner
formed a contract with the businesses and application of the
five essential elements of a contract are either nonexistent or
lack the components described in the assignment instructions.
Explains the Potential Personal Liability to Acme Fireworks if a
Spectator Is Injured by a Stray Firework From a Fireworks
Display
Total: 4.00
Distinguished - Completely explains the potential personal
liability to Acme Fireworks if a spectator is injured by a stray
firework from a fireworks display, demonstrating a thorough
and accurate understanding of course concepts.
Proficient - Explains the potential personal liability to Acme
Fireworks if a spectator is injured by a stray firework from a
fireworks display, demonstrating a sufficient understanding of
course concepts. Minor details are missing or are inaccurate.
Basic - Minimally explains the personal liability to Acme
Fireworks if a spectator is injured by a stray firework from a
fireworks display, demonstrating a rudimentary understanding
of course concepts. Relevant details are missing and/or
inaccurate.
Below Expectations - Attempts to offer an explanation of
potential personal liability to Acme Fireworks if a spectator is
injured by a stray firework from a fireworks display, but does
not demonstrate an understanding of the course concepts and
significant details are missing and/or inaccurate.
Non-Performance - The explanation of potential personal
liability to Acme Fireworks if a spectator is injured by a stray
firework from a fireworks display is either nonexistent or lacks
the components described in the assignment instructions.
Discusses the Different Employment Types and Relationships
Relevant to Agency Law and Analyzes the Advantages and
Disadvantages of Each Type Specific to Acme Fireworks
Total: 3.00
Distinguished - Thoroughly and accurately discusses different
employment types and relationships relevant to agency law and
comprehensively analyzes the advantages and disadvantages
with regards to Acme Fireworks.
Proficient - Discusses different employment types and
relationships relevant to agency law and analyzes the
advantages and disadvantages with regards to Acme Fireworks.
Minor details are missing or inaccurate.
Basic - Minimally discusses different employment types and
relationships relevant to agency law and partially analyzes
advantages and disadvantages with regards to Acme Fireworks.
Relevant details are missing and/or inaccurate.
Below Expectations - Attempts to discuss different employment
types and relationships relevant to agency law and analyze
advantages and disadvantages with regards to Acme Fireworks;
however, significant details are missing and/or inaccurate.
Non-Performance - The discussion of different employment
types and relationships relevant to agency law and analysis of
the advantages and disadvantages with regards to Acme
Fireworks are either nonexistent or lack the components
described in the assignment instructions.
Explains Why Acme Fireworks Should Not Operate as a Sole
Proprietorship
Total: 3.00
Distinguished - Thoroughly explains why Acme Fireworks
should not operate as a sole proprietorship. Effectively uses
scholarly sources to support the explanation.
Proficient - Explains why Acme Fireworks should not operate as
a sole proprietorship. Uses scholarly sources to support the
explanation. Minor details are missing.
Basic - Partially explains why Acme Fireworks should not
operate as a sole proprietorship. Somewhat uses scholarly
sources to support the explanation. Relevant details are
missing.
Below Expectations - Attempts to explain why Acme Fireworks
should not operate as a sole proprietorship; however, does not
use scholarly sources to support the explanation and/or
significant details are missing.
Non-Performance - The explanation for why Acme Fireworks
should not operate as a sole proprietorship is either nonexistent
or lacks the components described in the assignment
instructions.
Recommends a New Business Entity and Provides Rationale to
Support the Recommendation
Total: 3.00
Distinguished - Offers a thorough recommendation of a new
business entity and provides comprehensive rationale to support
the recommendation.
Proficient - Offers a recommendation of a new business entity
and provides rationale to support the recommendation. The
recommendation or rationale is slightly underdeveloped.
Basic - Offers a recommendation of a new business entity and
provides rationale to support the recommendation. The
recommendation and/or rationale are underdeveloped.
Below Expectations - Attempts to offer a recommendation of a
new business entity and provide rationale to support the
recommendation; however, the recommendation and rationale
are significantly underdeveloped.
Non-Performance - The recommendation of a new business
entity and rationale are either nonexistent or lack the
components described in the assignment instructions.
Critical Thinking: Explanation of Issues
Total: 0.50
Distinguished - Clearly and comprehensively explains in detail
the issue to be considered, delivering all relevant information
necessary for a full understanding.
Proficient - Clearly explains in detail the issue to be considered,
delivering enough relevant information for an adequate
understanding.
Basic - Briefly recognizes the issue to be considered, delivering
minimal information for a basic understanding.
Below Expectations - Briefly recognizes the issue to be
considered, but may not deliver additional information
necessary for a basic understanding.
Non-Performance - The assignment is either nonexistent or
lacks the components described in the instructions.
Critical Thinking: Evidence
Total: 0.50
Distinguished - Employs persuasive information from credible
sources to develop an ample analysis or synthesis of the topic.
Viewpoints of experts are scrutinized thoroughly.
Proficient - Employs applicable information from credible
sources to develop an analysis of the topic.
Basic - Identifies applicable information from credible sources,
but may neglect the application of such information toward the
analysis of the topic.
Below Expectations - Displays information from external
sources, but such information may lack credibility and/or
relevance. Neglects the application of such information toward
the analysis of the topic.
Non-Performance - The assignment is either nonexistent or
lacks the components described in the instructions.
Reading: Relationship to Text
Total: 0.50
Distinguished - Analyzes texts for scholarly significance and
pertinence within and across various disciplines, assessing them
according to their contributions and consequences.
Proficient - Utilizes texts in the context of scholarship to
expand a foundation of disciplinary knowledge and to raise and
discover significant inquiries.
Basic - Employs texts with the intent and expectation of
increasing knowledge.
Below Expectations - Approaches texts only within the context
of assignment.
Non-Performance - The assignment is either nonexistent or
lacks the components described in the instructions.
Written Communication: Control of Syntax and Mechanics
Total: 2.00
Distinguished - Displays meticulous comprehension and
organization of syntax and mechanics, such as spelling and
grammar. Written work contains no errors and is very easy to
understand.
Proficient - Displays comprehension and organization of syntax
and mechanics, such as spelling and grammar. Written work
contains only a few minor errors and is mostly easy to
understand.
Basic - Displays basic comprehension of syntax and mechanics,
such as spelling and grammar. Written work contains a few
errors which may slightly distract the reader.
Below Expectations - Fails to display basic comprehension of
syntax or mechanics, such as spelling and grammar. Written
work contains major errors which distract the reader.
Non-Performance - The assignment is either nonexistent or
lacks the components described in the instructions.
Written Communication: APA Formatting
Total: 1.00
Distinguished - Accurately uses APA formatting consistently
throughout the paper, title page, and reference page.
Proficient - Exhibits APA formatting throughout the paper.
However, layout contains a few minor errors.
Basic - Exhibits limited knowledge of APA formatting
throughout the paper. However, layout does not meet all APA
requirements.
Below Expectations - Fails to exhibit basic knowledge of APA
formatting. There are frequent errors, making the layout
difficult to distinguish as APA.
Non-Performance - The assignment is either nonexistent or
lacks the components described in the instructions.
Written Communication: Page Requirement
Total: 1.00
Distinguished - The length of the paper is equivalent to the
required number of correctly formatted pages.
Proficient - The length of the paper is nearly equivalent to the
required number of correctly formatted pages.
Basic - The length of the paper is equivalent to at least three
quarters of the required number of correctly formatted pages.
Below Expectations - The length of the paper is equivalent to at
least one half of the required number of correctly formatted
pages.
Non-Performance - The assignment is either nonexistent or
lacks the components described in the instructions.
Written Communication: Resource Requirement
Total: 1.00
Distinguished - Uses more than the required number of
scholarly sources, providing compelling evidence to support
ideas. All sources on the reference page are used and cited
correctly within the body of the assignment.
Proficient - Uses the required number of scholarly sources to
support ideas. All sources on the reference page are used and
cited correctly within the body of the assignment.
Basic - Uses less than the required number of sources to support
ideas. Some sources may not be scholarly. Most sources on the
reference page are used within the body of the assignment.
Citations may not be formatted correctly.
Below Expectations - Uses an inadequate number of sources
that provide little or no support for ideas. Sources used may not
be scholarly. Most sources on the reference page are not used
within the body of the assignment. Citations are not formatted
correctly.
Non-Performance - The assignment is either nonexistent or
lacks the components described in the instructions.
Powered by
Art
ART101 IP1
Name
Class
Date
Professor
Abstract
The paper will provide an overview of two peer reviewed
definitions of art. Art is defined differently be different people
and has changed overtime. The paper will also provide
descriptions of different pieces of art and their artistic
significance.
ART
Part One
Art is defined differently by different people. The
traditional definition of art was proposed by George Dickie his
book Art and the Aesthetic (Torres, 2000). The definition
proposed by Dickie (1969) is “a work of art in the classificatory
sense is (1) an artifact (2) a set of the aspects of which has had
conferred upon it the status of candidate for appreciation by
some person or persons acting on behalf of a certain social
institution.” This definition is still true today. Art is an artifact
and it is completely subjective. What some people find beautiful
others do not. If the artifact is appreciated and admired then it
can be counted as a piece of art.
The definition also finds the artifact is only art if it is
presented to the art world. This is not always the case because
art is created in many different conditions and does not always
get presented to the art world. Monroe Beardsley's definition
holds that an artwork: “either an arrangement of conditions
intended to be capable of affording an experience with marked
aesthetic character or (incidentally) an arrangement belonging
to a class or type of arrangements that is typically intended to
have this capacity” (Beardsley, 1982, p. 299). This functional
definition basically finds art is an experience and its aesthetic
properties.
Part Two
Painting:The painting located online is Vincent Van Gogh’s
‘A Starry Night”. This is an oil painting on canvas depicting a
beautiful, starry night over a small city. In the painting the stars
twinkle brightly in the sky and the half moon glows. This
famous painting is breathtaking and eye catching. This amazing
painting was created in 1889 from memory and is considered
one of the most popular paintings in art. Van Gogh is an
Impressionist painter who uses a bright palate to create this
masterpiece. This painting exemplifies the meaning of art
because it is an artifact when view causes a reaction by the
person viewing the painting. While art is hard to define this
painting is considered art by all and loved by many.
Sculpture: One of the most beautiful sculptures is the Bronze
David created by Donatello in 1440. The sculpture is cast
completely in bronze and depicts David after he defeats the
giant, goliath. David is completely nude with one foot on
Goliaths head and a smirk on his face. David is only wearing a
hat and a pair of boots and is holding the sword of goliath in
one of his hands. This sculpture is both masterful and beautiful
and depicts an important story in the Bible. David has long hair
and has his left hand on his hip. This sculpture is a historical
piece of art but it is also a beautiful sculpture that captures the
eye. It exemplifies art in that it is an important artifact but a
stunningly beautiful depiction of biblical David.
Architecture: there are many beautiful buildings new and old
than can be considered art. The Sidney Opera house is one of
the most beautiful buildings in the world. The Sydney opera
house is located in New South Wales, Australia and is used for
performances, such as opera’s, ballets, and many other types of
performance. It is the most famous performing arts building in
the world. Not only does this building house artistic
performances it is in itself a piece of art. The Sydney Opera
house was built by Danish architect Jorn Oberg Utzon and
opened in 1973. The building has a modern design and is
absolutely stunning.
The Sydney Opera House appears like a majestic sailboat in
the Sydney harbor. It has many different beautiful angles and is
famous for the white, geometric roof shells shapes on the roof.
The building has several different auditoriums and several
companies that make their home in its buildings. This is
Australia’s best known piece of architecture and is absolutely
amazing to look at. There is no doubt this is a piece of art even
though it has a distinct, functional use. The beautiful design and
angles of the building reflect in the beautiful water in the
Sydney harbor and at night glows with light.
Photography: One of the most poignant and touching
photographs is Migrant Mother. Migrant Mother was taken by
Dorethea Lange in 1936 when she was travelling around
California taking pictures for the Farm Security Administration.
The picture depicts Frances Own, a poor migrant worker with
three children, who is living in the worst poverty and does not
have any way to feed herself or her children. The picture shows
the woman’s desperation as she huddles in a small lean to with
her children. While the picture was not taken for the purposes
of art it beauty and deeply moving content has made it art as it
is loved by many. Not all items or artifacts may have been
intended to be art but they become art when an audience
admires them or is moved by the experience of viewing the art.
Printingmaking: one of the most beautiful lithographs was
created by Raden Saleh and is called a Flood on Java. A Flood
on Java depicts a group of Javanese survivors who have clung to
a small island as the city around them floods. The lithograph is
beautiful and vibrant but it also shows the desperation of the
people trying to save the dangerous flood. The image depicts
one man that has succumbed to the flood and others who appear
to just be waiting for the flood waters to subside. The clouds in
the sky are dark and angry and the water continues to crash
around the survivors. The lithograph is art because it does not
only depict a historical event it creates a strong emotion as you
watch women, children, men, and livestock struggle to survive
the violent flood waters.
Conceptual Art: Serial project #1 (ABCD) is an art
installation by Sol Lewitt is built on a grid and appears to be
symmetrical model of a city where rectangular and square
blocks are raised higher than other blocs on the grid giving it an
appearance of being a city. The art piece is extremely large and
takes up an entire room but in its simplicity is beautiful and
interesting. The conceptual and minimalist are of Lewitt
captures the imagination and the interest of art lovers (). The
giant grid sculpture is art because not only is it conceptualist it
is loved and admired by many. Fewer people understand the
conceptualist approach to art but it always captures the interest
of people who have the privilege of looking at the art up close.
Installation Art: installation art refers to large pieces of art
that must be installed in pieces. The Electric Super Highway:
Continental U.S., Alaska, Hawaii is a beautiful art installation
depicting the map of America with all of the interstates and
highways lit up. This large installation is currently housed in
the Smithsonian American Art Museum and takes up an entire
wall. The neon lit map of America including Hawaii is
beautiful, interesting, and a magnificent piece of modern art.
The installation include closed circuit televisions, neon tubing,
wood, and custom electronics but is still considered art due to is
power and the stunning quality of the work. The artist created
the art as a reminder of all of the flashing signs enticing people
of off American roads and highways.
Performance Art: the Bleu Mna group is a popular
performance art group consisting of blue men that are
completely silent while performing. This group performs in
many venues but the uniqueness of their performance and the
way they create amazing sounds and theatrical experience.
People that watch this amazing performance leave happy and
entertained. Blue man was started by Chris Fink in 1987 and is
still a thriving performance group 27 years later, the blue man
group performances are art because they create an amazing
experience for the audience (Blue Man, 2014).
References
Donatello, 1440c. The Bronze David. Retrieved March 26, 2014
from
http://listverse.com/2010/12/14/top-10-greatest-sculptures/
Beardsley, Monroe, 1982, The Aesthetic Point of View, Ithaca,
New York: Cornell University
Press
Lewitt, S. (1966). Serial Project #1 (ABCD). Retrieved March
26, 2014
http://www.encyclopedia.com/topic/Sol_LeWitt.aspx
Fin, C. (1987). Blue Man Group. Retrieved March 26, 2014
from www.blueman.com
Paik, June, N. (1995). Electronic Superhighway: Continental
U.S., Alaska, Hawaii. Retrieved
from
http://americanart.si.edu/collections/search/artwork/?id=71478
Saleh, R. (1865). A Flood on Java. Retrieved march 26, 2014
from
http://www.wdl.org/en/item/2905/
Taylor, P. "Migrant Mother: 1936." The American West: The
Magazine of Western History.
http://www.loc.gov/rr/print/list/128_migm.html
Torres L. & Kamhi, M. (2000). What Art Is: The Esthetic
Theory of Ayn Rand, ch. 6. An Online
Review of the Arts
Utzon, J. (1973). Sydney Opera house. Retrieved March 26,
2014 from
http://www.sydneyoperahouse.com/whatson/index.aspx
Vincent van Gogh. (1889). Starry Night. Painting. Retrieved
March 26, 2014 from
http://www.vangoghgallery.com/painting/starry-night.html

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  • 1. Final Research Paper - Please review all the requirements for your Final Paper thoroughly! No Final Paper will be accepted after the last day of class unless you have a Certified Disability Certificate or prior approval from me. Chapter 14 discusses cyber law which is the Digital Wild West as described by the Author. It is such a new and fascinating cyber world out there that is just in the infancy stages where the law is always one step behind. We need a lot of good sheriffs out there to protect us in this cyber world and it appears we have some good people protecting us but we sure need a lot more. We also need to try to get ahead of the bad guys but we are always coming up with new laws because of what the bad guys have already done on the Internet. If we could only get one step ahead instead of always being one step behind! :-) We hear about young hackers often only high school kids who are able to hack into the Pentagon, banks, credit companies, and some of the most secure businesses in the world and it are certainly hard for any business to feel really safe when they are doing business on the Internet. There is so much computer fraud, identity theft, cyber torts and all those cookies and acts of piracy that it makes an old person like me wishing it was like the good old days! :-) Not really. Businesses can get work done so more efficiently and quickly using the Internet and it is only going to grow 100 fold in the next few years. We might all as well learn all we can about safeguarding ourselves in the world of cyberspace and grow in knowledge to try to stay up with all the changes that are occurring so quickly in this arena. The section on Click – Wrap Contracts is a very interesting one and it is surprising that there is a split in the courts where some courts apply the rule when you click the “I agree” box you have read and understood and therefore the “buyer beware” applies While other courts feel that these long legal contracts with terms many people do not even understand and do not even read them are not valid as they are not understood by many
  • 2. customers. As the textbook says, you should really always assume that you are going to be held liable for whatever the contract says and when you click the “I Agree” box, the Agreement will prevail. As we all know, at one time you could buy anything on the Internet and you would not be taxed. Whenever the government feels they are losing money in some way they are going to do whatever it takes to be sure they get their cut out of any transactions that are occurring on the Internet if there is any possible way for them to do so. They will get their share. They have started instituting tax laws when and where ever they can as they see that big revenue pile up money just waiting for them to scoop it up. The taxing is just beginning folks and will only get worse in time. :-) There are more and more businesses that are doing business through the Internet because there are so many more people that are able to work from their home and not have to rent an office. They even have businesses now that have big office buildings that you can rent a office for one day a week, or one day a month or for a conference for a day and all the time you are working out of your home which is your primary office. Expenses can be drastically cut when you are working a business through the Internet and it is often very convenient. Just like going to college on the Internet, running a business from your home can be very flexible and very convenient. It can also save you a lot of travel time and this is getting to be one of the many reasons people are working out of their homes. Many businesses allow their employees to work out all of their homes and not travel back and forth to work each day. The Internet has only begun to show us the uses that can be applied to a business and the creativity and ingenuity of people will have businesses using the Internet a hundredfold in the next few years. Chapter 15 discusses international and environmental law. With the explosion of the Internet we are finding the explosion of businesses going internationally with their businesses. It is
  • 3. easier for business to now be able to do business globally because of the Internet which brings about many new challenges for businesses. The author at the beginning of chapter 15 brings up many important questions that need to be asked: What kind of regulations must you deal with, both in your own country and in the foreign country? Where would disputes be settled and under whose law? Do U.S. laws still apply when your company is acting outside U.S. borders? We have learned in chapter 15 that the source of international law comes from treaties and agreements made by countries and often many countries are part of the treaties and agreements. Two of the treaties most of us easily recognize are the North American Free Trade Agreement (NAFTA) and General Agreements on terrorists and Trade (GATT) that was set up in 1947 and sets rules to ensure there is no trade discrimination between the countries that have signed this agreement. Then in 1995 the World Trade Organization (WTO) was formed as terrorists became less common place more nations came to recognize that GATT was no longer sufficient. The WTO had authority for not only GATT but GATS: the General Agreement on Trade in Service; TRiS: agreement on trade-related aspects of intellectual property rights; and TRIMS: Trade Related Investment Measures (p.587). The author talks about several of the basic principles of International Law. One of them is the principle of comity: The principle of comity means that a nation will defer to and give effect to the laws and judicial rulings of another country to the extent that they are consistent with the laws and public policy of the accommodating nation (ch.15.1). Other principals include the doctrine of “sovereign immunity” and the doctrine of the “act of state” which means that courts in one nation will not question public acts committed by recognized foreign governments within its own borders (ch.15.1). Businesses from the United States doing business in another company must understand the concept of expropriation which allows a government to nationalize a business and seize private assets for
  • 4. the good of the public. Very often the government will not pay fair compensation and a business could substantially lose their assets in that country. At interesting topic is the author’s discussion about bribes which are illegal when dealing with foreign entities but “grease payments”, which are said to expedite a process and not to bribe officials, are okay! That whole concept sounds a little smelly to me. How about you? :-) Chapter 15 also discusses environmental law which is a hot topic nowadays. We all are aware of the national environment policy act of 1970 that ensures that the federal government itself does not contribute to the deterioration of the environment. Any company receiving government funds for any project must provide an environmental impact statement (EIS). There is a lot of debate presently whether these environmental impact studies are going too far and are too costly and impeding business projects Liuzzo (2013). We now have the Environmental Protection Act (EPA) and the Clear air Acts that is also somewhat controversy over as many people think the government is becoming over burdensome for people to open up businesses and to continue in business. There must be fair and reasonable laws and not go overboard when making new laws and cause undue burdens upon businesses and/or private parties.. The Author discusses the Superfund which is a federal statute (also known as Comprehensive Environmental Response Compensation, and Liability Act that regulates the dumping of waste onto land (ch.15.2). This Superfund designates specific sites that receive the highest priority to be cleaned up as soon as possible. The author discusses the various types of pollution which we are all pretty familiar with and I am not going to spend time going over them as there are only a few pages and it is an easy read for you. There are many environmental acts that help protect our air and water and once again there is dispute over how effective these programs are and whether too much money is being spent with regulations that make it extremely
  • 5. difficult for businesses to deal with. Some of them are very good regulations and some of them are on fortunately regulations that are too costly for business and do little, if anything, for the environment. There must be a proper balance and good thought and good science must be put into effective regulations. escription: Total Possible Score: 28.00 Organization: Introduction, Thesis Statement and Conclusion Total: 1.50 Distinguished - The paper is logically organized with a well- written introduction, thesis statement, and conclusion. Proficient - The paper is logically organized with an introduction, thesis statement, and conclusion. One of these requires improvement. Basic - The paper is organized with an introduction, thesis statement, and conclusion. One or more of the introduction, thesis statement, and/or conclusion require improvement. Below Expectations - The paper is loosely organized with an introduction, thesis statement, and conclusion. The introduction, thesis statement, and/or conclusion require much improvement. Non-Performance -= The introduction, thesis statement, and conclusion are either nonexistent or lack the components described in the assignment instructions. Determines if the Contracts With the Businesses Will Be Governed by Common Law or the Uniform Commercial Code (UCC) and Explains Why Total: 3.00 Distinguished - Accurately determines if the contract with the businesses will be governed by common law or the UCC and comprehensively explains why. Proficient - Accurately determines if the contract with the
  • 6. businesses will be governed by common law or the UCC and explains why. The explanation is slightly underdeveloped. Basic - Determines if the contract with the businesses will be governed by common law or the UCC and explains why. The determination is inaccurate and/or the explanation is underdeveloped. Below Expectations - Attempts to determine if the contract with the businesses will be governed by common law or the UCC and explain why; however, the determination is inaccurate and/or the explanation is significantly underdeveloped. Non-Performance - The determination of whether the contracts will be governed by common law or the UCC is either nonexistent or lacks the components described in the assignment instructions. Analyzes Whether the Owner Formed a Contract With the Businesses and Applies the Five Essential Elements of an Enforceable Contract Total: 4.00 Distinguished - Thoroughly analyzes whether or not the owner formed a contract with the businesses and effectively applies all five essential elements of an enforceable contract. Proficient - Analyzes whether or not the owner formed a contract with the businesses and applies all five essential elements of an enforceable contract. The analysis is slightly underdeveloped. Basic - Partially analyzes whether or not the owner formed a contract with the businesses and applies all five essential elements of an enforceable contract. The analysis is underdeveloped. Below Expectations - Attempts to analyze whether or not the owner formed a contract with the businesses; however, does not apply all five essential elements of an enforceable contract and/or the analysis is significantly underdeveloped. Non-Performance - The analysis of whether or not the owner formed a contract with the businesses and application of the
  • 7. five essential elements of a contract are either nonexistent or lack the components described in the assignment instructions. Explains the Potential Personal Liability to Acme Fireworks if a Spectator Is Injured by a Stray Firework From a Fireworks Display Total: 4.00 Distinguished - Completely explains the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, demonstrating a thorough and accurate understanding of course concepts. Proficient - Explains the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, demonstrating a sufficient understanding of course concepts. Minor details are missing or are inaccurate. Basic - Minimally explains the personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, demonstrating a rudimentary understanding of course concepts. Relevant details are missing and/or inaccurate. Below Expectations - Attempts to offer an explanation of potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, but does not demonstrate an understanding of the course concepts and significant details are missing and/or inaccurate. Non-Performance - The explanation of potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display is either nonexistent or lacks the components described in the assignment instructions. Discusses the Different Employment Types and Relationships Relevant to Agency Law and Analyzes the Advantages and Disadvantages of Each Type Specific to Acme Fireworks Total: 3.00 Distinguished - Thoroughly and accurately discusses different employment types and relationships relevant to agency law and
  • 8. comprehensively analyzes the advantages and disadvantages with regards to Acme Fireworks. Proficient - Discusses different employment types and relationships relevant to agency law and analyzes the advantages and disadvantages with regards to Acme Fireworks. Minor details are missing or inaccurate. Basic - Minimally discusses different employment types and relationships relevant to agency law and partially analyzes advantages and disadvantages with regards to Acme Fireworks. Relevant details are missing and/or inaccurate. Below Expectations - Attempts to discuss different employment types and relationships relevant to agency law and analyze advantages and disadvantages with regards to Acme Fireworks; however, significant details are missing and/or inaccurate. Non-Performance - The discussion of different employment types and relationships relevant to agency law and analysis of the advantages and disadvantages with regards to Acme Fireworks are either nonexistent or lack the components described in the assignment instructions. Explains Why Acme Fireworks Should Not Operate as a Sole Proprietorship Total: 3.00 Distinguished - Thoroughly explains why Acme Fireworks should not operate as a sole proprietorship. Effectively uses scholarly sources to support the explanation. Proficient - Explains why Acme Fireworks should not operate as a sole proprietorship. Uses scholarly sources to support the explanation. Minor details are missing. Basic - Partially explains why Acme Fireworks should not operate as a sole proprietorship. Somewhat uses scholarly sources to support the explanation. Relevant details are missing. Below Expectations - Attempts to explain why Acme Fireworks should not operate as a sole proprietorship; however, does not use scholarly sources to support the explanation and/or
  • 9. significant details are missing. Non-Performance - The explanation for why Acme Fireworks should not operate as a sole proprietorship is either nonexistent or lacks the components described in the assignment instructions. Recommends a New Business Entity and Provides Rationale to Support the Recommendation Total: 3.00 Distinguished - Offers a thorough recommendation of a new business entity and provides comprehensive rationale to support the recommendation. Proficient - Offers a recommendation of a new business entity and provides rationale to support the recommendation. The recommendation or rationale is slightly underdeveloped. Basic - Offers a recommendation of a new business entity and provides rationale to support the recommendation. The recommendation and/or rationale are underdeveloped. Below Expectations - Attempts to offer a recommendation of a new business entity and provide rationale to support the recommendation; however, the recommendation and rationale are significantly underdeveloped. Non-Performance - The recommendation of a new business entity and rationale are either nonexistent or lack the components described in the assignment instructions. Critical Thinking: Explanation of Issues Total: 0.50 Distinguished - Clearly and comprehensively explains in detail the issue to be considered, delivering all relevant information necessary for a full understanding. Proficient - Clearly explains in detail the issue to be considered, delivering enough relevant information for an adequate understanding. Basic - Briefly recognizes the issue to be considered, delivering minimal information for a basic understanding.
  • 10. Below Expectations - Briefly recognizes the issue to be considered, but may not deliver additional information necessary for a basic understanding. Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions. Critical Thinking: Evidence Total: 0.50 Distinguished - Employs persuasive information from credible sources to develop an ample analysis or synthesis of the topic. Viewpoints of experts are scrutinized thoroughly. Proficient - Employs applicable information from credible sources to develop an analysis of the topic. Basic - Identifies applicable information from credible sources, but may neglect the application of such information toward the analysis of the topic. Below Expectations - Displays information from external sources, but such information may lack credibility and/or relevance. Neglects the application of such information toward the analysis of the topic. Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions. Reading: Relationship to Text Total: 0.50 Distinguished - Analyzes texts for scholarly significance and pertinence within and across various disciplines, assessing them according to their contributions and consequences. Proficient - Utilizes texts in the context of scholarship to expand a foundation of disciplinary knowledge and to raise and discover significant inquiries. Basic - Employs texts with the intent and expectation of increasing knowledge. Below Expectations - Approaches texts only within the context of assignment. Non-Performance - The assignment is either nonexistent or
  • 11. lacks the components described in the instructions. Written Communication: Control of Syntax and Mechanics Total: 2.00 Distinguished - Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors and is very easy to understand. Proficient - Displays comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains only a few minor errors and is mostly easy to understand. Basic - Displays basic comprehension of syntax and mechanics, such as spelling and grammar. Written work contains a few errors which may slightly distract the reader. Below Expectations - Fails to display basic comprehension of syntax or mechanics, such as spelling and grammar. Written work contains major errors which distract the reader. Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions. Written Communication: APA Formatting Total: 1.00 Distinguished - Accurately uses APA formatting consistently throughout the paper, title page, and reference page. Proficient - Exhibits APA formatting throughout the paper. However, layout contains a few minor errors. Basic - Exhibits limited knowledge of APA formatting throughout the paper. However, layout does not meet all APA requirements. Below Expectations - Fails to exhibit basic knowledge of APA formatting. There are frequent errors, making the layout difficult to distinguish as APA. Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions.
  • 12. Written Communication: Page Requirement Total: 1.00 Distinguished - The length of the paper is equivalent to the required number of correctly formatted pages. Proficient - The length of the paper is nearly equivalent to the required number of correctly formatted pages. Basic - The length of the paper is equivalent to at least three quarters of the required number of correctly formatted pages. Below Expectations - The length of the paper is equivalent to at least one half of the required number of correctly formatted pages. Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions. Written Communication: Resource Requirement Total: 1.00 Distinguished - Uses more than the required number of scholarly sources, providing compelling evidence to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment. Proficient - Uses the required number of scholarly sources to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment. Basic - Uses less than the required number of sources to support ideas. Some sources may not be scholarly. Most sources on the reference page are used within the body of the assignment. Citations may not be formatted correctly. Below Expectations - Uses an inadequate number of sources that provide little or no support for ideas. Sources used may not be scholarly. Most sources on the reference page are not used within the body of the assignment. Citations are not formatted correctly. Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions. Powered by
  • 13. Art ART101 IP1 Name Class Date Professor Abstract The paper will provide an overview of two peer reviewed definitions of art. Art is defined differently be different people and has changed overtime. The paper will also provide descriptions of different pieces of art and their artistic significance.
  • 14. ART Part One Art is defined differently by different people. The traditional definition of art was proposed by George Dickie his book Art and the Aesthetic (Torres, 2000). The definition proposed by Dickie (1969) is “a work of art in the classificatory sense is (1) an artifact (2) a set of the aspects of which has had conferred upon it the status of candidate for appreciation by some person or persons acting on behalf of a certain social institution.” This definition is still true today. Art is an artifact and it is completely subjective. What some people find beautiful others do not. If the artifact is appreciated and admired then it can be counted as a piece of art. The definition also finds the artifact is only art if it is presented to the art world. This is not always the case because art is created in many different conditions and does not always get presented to the art world. Monroe Beardsley's definition holds that an artwork: “either an arrangement of conditions intended to be capable of affording an experience with marked aesthetic character or (incidentally) an arrangement belonging to a class or type of arrangements that is typically intended to have this capacity” (Beardsley, 1982, p. 299). This functional
  • 15. definition basically finds art is an experience and its aesthetic properties. Part Two Painting:The painting located online is Vincent Van Gogh’s ‘A Starry Night”. This is an oil painting on canvas depicting a beautiful, starry night over a small city. In the painting the stars twinkle brightly in the sky and the half moon glows. This famous painting is breathtaking and eye catching. This amazing painting was created in 1889 from memory and is considered one of the most popular paintings in art. Van Gogh is an Impressionist painter who uses a bright palate to create this masterpiece. This painting exemplifies the meaning of art because it is an artifact when view causes a reaction by the person viewing the painting. While art is hard to define this painting is considered art by all and loved by many. Sculpture: One of the most beautiful sculptures is the Bronze David created by Donatello in 1440. The sculpture is cast completely in bronze and depicts David after he defeats the giant, goliath. David is completely nude with one foot on Goliaths head and a smirk on his face. David is only wearing a hat and a pair of boots and is holding the sword of goliath in one of his hands. This sculpture is both masterful and beautiful and depicts an important story in the Bible. David has long hair and has his left hand on his hip. This sculpture is a historical piece of art but it is also a beautiful sculpture that captures the eye. It exemplifies art in that it is an important artifact but a stunningly beautiful depiction of biblical David. Architecture: there are many beautiful buildings new and old than can be considered art. The Sidney Opera house is one of the most beautiful buildings in the world. The Sydney opera house is located in New South Wales, Australia and is used for performances, such as opera’s, ballets, and many other types of performance. It is the most famous performing arts building in the world. Not only does this building house artistic performances it is in itself a piece of art. The Sydney Opera house was built by Danish architect Jorn Oberg Utzon and
  • 16. opened in 1973. The building has a modern design and is absolutely stunning. The Sydney Opera House appears like a majestic sailboat in the Sydney harbor. It has many different beautiful angles and is famous for the white, geometric roof shells shapes on the roof. The building has several different auditoriums and several companies that make their home in its buildings. This is Australia’s best known piece of architecture and is absolutely amazing to look at. There is no doubt this is a piece of art even though it has a distinct, functional use. The beautiful design and angles of the building reflect in the beautiful water in the Sydney harbor and at night glows with light. Photography: One of the most poignant and touching photographs is Migrant Mother. Migrant Mother was taken by Dorethea Lange in 1936 when she was travelling around California taking pictures for the Farm Security Administration. The picture depicts Frances Own, a poor migrant worker with three children, who is living in the worst poverty and does not have any way to feed herself or her children. The picture shows the woman’s desperation as she huddles in a small lean to with her children. While the picture was not taken for the purposes of art it beauty and deeply moving content has made it art as it is loved by many. Not all items or artifacts may have been intended to be art but they become art when an audience admires them or is moved by the experience of viewing the art. Printingmaking: one of the most beautiful lithographs was created by Raden Saleh and is called a Flood on Java. A Flood on Java depicts a group of Javanese survivors who have clung to a small island as the city around them floods. The lithograph is beautiful and vibrant but it also shows the desperation of the people trying to save the dangerous flood. The image depicts one man that has succumbed to the flood and others who appear to just be waiting for the flood waters to subside. The clouds in the sky are dark and angry and the water continues to crash around the survivors. The lithograph is art because it does not only depict a historical event it creates a strong emotion as you
  • 17. watch women, children, men, and livestock struggle to survive the violent flood waters. Conceptual Art: Serial project #1 (ABCD) is an art installation by Sol Lewitt is built on a grid and appears to be symmetrical model of a city where rectangular and square blocks are raised higher than other blocs on the grid giving it an appearance of being a city. The art piece is extremely large and takes up an entire room but in its simplicity is beautiful and interesting. The conceptual and minimalist are of Lewitt captures the imagination and the interest of art lovers (). The giant grid sculpture is art because not only is it conceptualist it is loved and admired by many. Fewer people understand the conceptualist approach to art but it always captures the interest of people who have the privilege of looking at the art up close. Installation Art: installation art refers to large pieces of art that must be installed in pieces. The Electric Super Highway: Continental U.S., Alaska, Hawaii is a beautiful art installation depicting the map of America with all of the interstates and highways lit up. This large installation is currently housed in the Smithsonian American Art Museum and takes up an entire wall. The neon lit map of America including Hawaii is beautiful, interesting, and a magnificent piece of modern art. The installation include closed circuit televisions, neon tubing, wood, and custom electronics but is still considered art due to is power and the stunning quality of the work. The artist created the art as a reminder of all of the flashing signs enticing people of off American roads and highways. Performance Art: the Bleu Mna group is a popular performance art group consisting of blue men that are completely silent while performing. This group performs in many venues but the uniqueness of their performance and the way they create amazing sounds and theatrical experience. People that watch this amazing performance leave happy and entertained. Blue man was started by Chris Fink in 1987 and is still a thriving performance group 27 years later, the blue man group performances are art because they create an amazing
  • 18. experience for the audience (Blue Man, 2014). References Donatello, 1440c. The Bronze David. Retrieved March 26, 2014 from http://listverse.com/2010/12/14/top-10-greatest-sculptures/ Beardsley, Monroe, 1982, The Aesthetic Point of View, Ithaca, New York: Cornell University Press Lewitt, S. (1966). Serial Project #1 (ABCD). Retrieved March 26, 2014 http://www.encyclopedia.com/topic/Sol_LeWitt.aspx Fin, C. (1987). Blue Man Group. Retrieved March 26, 2014 from www.blueman.com Paik, June, N. (1995). Electronic Superhighway: Continental U.S., Alaska, Hawaii. Retrieved from http://americanart.si.edu/collections/search/artwork/?id=71478 Saleh, R. (1865). A Flood on Java. Retrieved march 26, 2014 from http://www.wdl.org/en/item/2905/
  • 19. Taylor, P. "Migrant Mother: 1936." The American West: The Magazine of Western History. http://www.loc.gov/rr/print/list/128_migm.html Torres L. & Kamhi, M. (2000). What Art Is: The Esthetic Theory of Ayn Rand, ch. 6. An Online Review of the Arts Utzon, J. (1973). Sydney Opera house. Retrieved March 26, 2014 from http://www.sydneyoperahouse.com/whatson/index.aspx Vincent van Gogh. (1889). Starry Night. Painting. Retrieved March 26, 2014 from http://www.vangoghgallery.com/painting/starry-night.html