Friday, September 4, 2020

World War II Essay Summary Example For Students

World War II Essay Summary During World War II, Nazi leaders, and warriors under their order, did wrongdoings against humankind so as to satisfy their bosses or out of dread of what may happen to the, on the off chance that they didn't agree to their requests. What could have been experiencing the psyches of Nazi officials and troopers while they were doing the requests they had gotten to nearly clear out a whole race of people?The Nazi hoodlums were brought to equity in what was known as the Nuremberg Trials. The examiners that carried the Nazis to preliminaries comprised of the four forces of the United States, Great Britain, France, and Russia (Britannica 1). The Nuremberg preliminaries were essentially a progression of preliminaries held in 1945 through 1946 in which previous Nazi pioneers were prosecuted and attempted as war lawbreakers by the International Military Tribunal (Britannica 1). The arraignment held up against them contained four checks: (1) violations against harmony, (2) wrongdoings against humankind, (3) atrocities, and (4) a typical arrangement or connivance to perpetrate the criminal demonstrations recorded in the initial three tallies (Britannica 1). Were the Nazi warriors to be considered answerable for the activities they done on their detainees, or did they have the choice of denying their boss officials and doing what they thought to be correct and just? Were the preliminaries directed at Nuremberg lawful? The prosecution of the associations brought up a major legitimate issue: the authenticity of making a lawful arrangement of blame by affiliation (Court TV 2). The Nazis contended that there ought not be discipline for laws that didn't exist before the wrongdoings were submitted (Glueck 73). The council thought about the protection introduced by the litigants and went to the choice that the wrongdoings perpetrated by the Nazis could be introduced in court, despite the fact that the violations introduced abused laws that were made ex post facto (77). The wrongd oings submitted were serious to the point that the council couldn't permit the Nazis to leave without confronting a type of discipline. Despite the fact that the laws were made ex post facto, the violations carried out by the Nazi heads were wrongdoings against mankind, and those wrongdoings ought not need to be recorded in any law books. Violations submitted against mankind ought to be comprehended to not be right and on the off chance that somebody should overstep those laws, they ought to hope to be rebuffed for what they submit, despite the fact that there was no composed law. Stanley Milgram, a Yale therapist, directed a great report compliance where the members had to either damage their heart by complying with the corrupt requests of a power figure or to reject those requests (Behrens 343). Milgrams study recommended that under an uncommon situation the compliance we normally show authority considers could change us along with specialists of dread (343). His test demonstrated that typical individuals could be affected to the point of directing incredible measures of agony on another individual, in light of the fact that an individual in a place of power advised them to do as such (343). A hypothesis that was reached because of Milgrams analyze was that it is barely noticeable duty when one is just a middle of the road connect in a chain of activity (355). Milgrams results offer a potential clarification with regards to why the Nazis did what they did. Despite the fact that it might be not entirely obvious duty when being advised to do as such by a posit ion figure, it is as yet the obligation of the person to make the wisest decision, regardless of what the outcomes or repercussions, that is the manner by which the court saw the Nazis activities. The investigators of the Nazis proclaimed that, if an association was seen as criminal, the arraignment could carry people to preliminary for having been individuals, and the criminal idea of the gathering or association could never again be addressed (Britannica 1). The litigants that were brought under preliminary were qualified for get a duplicate of the arraignment, to offer any pertinent clarification to the charges brought against him, and to be spoken to by guide and stand up to and question the observer (Britannica 1). Nuremberg just carried twenty-four Nazi pioneers to preliminary, and different gatherings, (for example, Gestapo, the Nazi mystery police) were accused of carrying out criminal acts (Britannica 1). The complete number of court meetings went to an aggregate of 216, an d on October 1, 1946, the decision on 22 of the first 24 respondents was passed on (one of the litigants ended it all while in jail, and another turned out to be intellectually unfit to stand preliminary) (Britannica 1,2). Men were given sentences of either detainment or passing by hanging, contingent upon their inclusion and activities during the war (2). At the point when these sentences were passed on, the council dismissed the Nazis significant protections. It originally dismissed the dispute that solitary a state, not people, could be seen as liable of war violations (2). What's more, also that the Nazis contention that the preliminary and mediation were ex post facto (2). The council reacted to the litigants that such demonstrations had been viewed as criminal preceding World War II (2). The Nazis were one of the most underhanded and merciless gatherings of individuals to ever rise as a force on this planet. They nearly destroyed a whole race and submitted unmentionable demons trations of viciousness against residents of humankind. In any case, only one out of every odd German that turned into a Nazi held their convictions and standards. The Germans carried out these wrongdoings on individuals of neighboring nations, and even individuals of their own nation. In any case, how could these people do these wrongdoings on individuals that were at one time their neighbors and conceivably even companions? Because of where they were conceived, strict convictions, or shade of their skin, individuals were irritated, beaten, and murdered by the Nazis. How could the Nazi fighters complete these follows up on another individual? This inquiry infers the possibility of suggestibility and friend pressure. On the off chance that an individual is taken care of a similar message again and again, they become programmed and in the long run accept the message themselves. Solomon E. Asch, a social clinician at Rutgers University in New Jersey, directed a progression of analyses on men to decide the impact of suggestibility and friend pressure upon them (Behrens 336). Aschs explore was led to demonstrate the hypothesis that each individual practices, decisions and convictions is an axiom to which anybody will promptly consent (336). It was appeared in Aschs analyze that dull emphasis of guidelines could initiate in typical people in the waking state automatic substantial changes, for example, influencing or unbending nature of the arms, and sensations, for example, warmth and scent (337). The consequences of this analysis demonstrated that mens convictions can be affected, despite the fact that they realize that what they are doing isn't right (336). Whenever put in the circumstance of a Nazi officer, one might not have had before the war the possibility that he was better than those the Nazis were persecuting. Be that as it may, the warriors were continually taken care of a mass measure of purposeful publicity disclosing to them that they were better than different races and in this manner ought to uphold their control over them. Needing to satisfy their leaders and the fed thought of prevalence are reasons why the Nazi officers completed the wrongdoings on humankind. Milgrams tests, just as Aschs, are in very surprising conditions than those the officers were set in during World War II, anyway the outcomes came to from both can offer clarifications to the activities of the Nazis. Both the possibility of suggestibility and needing to satisfy their leaders are reasons why the Nazi fighters completed their violations. Those components can impact an individual so incredibly that it can constrain somebody to conflict with all that they have ever been instructed or known. An individual that has been brought up in a decent and upstanding family can have a solid inner voice and a decent feeling of ethics, however suggestibility and dread of power figures can clear the entirety of that out. Individuals will consistently need to manage subje cts, for example, suggestibility, and it is there duty to ensure that they make the wisest decision regardless of the results of their activities. What they decide to do will affect society, regardless of how huge or how little the circumstance. Society must use sound judgment on how individuals act and impact others, if individuals don't figure out how to conflict with what is ethically off-base, there may some time or another be another Holocaust, and another preliminary, for example, those held at Nuremberg. .u4d15ee6b957cada1b22f6c9fc85ad9c6 , .u4d15ee6b957cada1b22f6c9fc85ad9c6 .postImageUrl , .u4d15ee6b957cada1b22f6c9fc85ad9c6 .focused content territory { min-tallness: 80px; position: relative; } .u4d15ee6b957cada1b22f6c9fc85ad9c6 , .u4d15ee6b957cada1b22f6c9fc85ad9c6:hover , .u4d15ee6b957cada1b22f6c9fc85ad9c6:visited , .u4d15ee6b957cada1b22f6c9fc85ad9c6:active { border:0!important; } .u4d15ee6b957cada1b22f6c9fc85ad9c6 .clearfix:after { content: ; show: table; clear: both; } .u4d15ee6b957cada1b22f6c9fc85ad9c6 { show: square; progress: foundation shading 250ms; webkit-change: foundation shading 250ms; width: 100%; darkness: 1; change: mistiness 250ms; webkit-progress: haziness 250ms; foundation shading: #95A5A6; } .u4d15ee6b957cada1b22f6c9fc85ad9c6:active , .u4d15ee6b957cada1b22f6c9fc85ad9c6:hover { obscurity: 1; change: murkiness 250ms; webkit-progress: haziness 250ms; foundation shading: #2C3E50; } .u4d15ee6b957cada1b22f6c9fc85ad9c6 .focused content region { width: 100%; position: rela tive; } .u4d15ee6b957cada1b22f6c9fc85ad9c6 .ctaText { outskirt base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: intense; edge: 0; cushioning: 0; text-design: underline; } .u4d15ee6b957cada1b22f6c9fc85ad9c6 .postTitle { shading: #FFFFFF; text dimension: 16px; text style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u4d15ee6b957cada1b22f6c9fc85ad9c6 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; fringe: none; fringe span: 3px; box-shadow: none; text dimension: 14px; text style weight: striking; line-stature: 26px; moz-b

Saturday, August 22, 2020

Introducing Paulaner Beer in Indonesia (Demographics sections) Research Paper - 1

Presenting Paulaner Beer in Indonesia (Demographics areas) - Research Paper Example Muslim populace, the issue of liquor utilization in Indonesia has brought banters up in the nation for quite a while with the present discussion rotating on the chance of restricting mixed beverages in the nation. Despite the fact that the pace of liquor utilization in the nation remains generally high, solid Islamic convictions held by most Indonesians has made it hard for speculators to put resources into mixed refreshments. Therefore, most mixed drinks purchasers in Indonesia are sightseers. Be that as it may, some Indonesian young people take part in liquor drinking in spite of the fact that this is generally confined to urban territories (Grant 98). The country’s restriction on liquor promoting on media would likewise imply that Paulaner has constrained stage on which to advertise its items. As a method of managing liquor utilization, the administration of Indonesia in 1990 restricted liquor promoting on media which has since made it hard for new sections in the market to flourish. Different types of liquor publicizing in the nation are additionally represented by exacting standards further creation it hard to arrive at new markets. Laws on confirmation on alcoholic items in Indonesia are likewise exacting and can include a long procedure before one gets a permit. The nation further groups mixed drinks in the shut business field implying that commercialization of any business identified with mixed refreshments is illicit (Grant 98). Therefore, organizations in this industry are confined from development through speculation. At the point when the above components join, they present a noteworthy test to any financial specialist intending to put the mixed refreshments industry in Indonesia. Among the variables that may adversely affect on a business is low quality items combined with poor client administrations. Similarly impeding is the impact of negative activities by a worker inside a business all the more so with regards to managing customers. Moreover, unreliable money related administration that incorporates misguided venture can likewise affect on a

Ms. Jill K Goslinga Essay Example

Ms. Jill K Goslinga Paper Exposition on Jill K Goslinga Ms. Jill K Goslinga is a Grant Thornton Faculty Fellow and Lecturer. Jill K Goslinga works at the Warrington College of Business and the Fisher School of Accounting of the University of Florida. Jill Kristen Goslinga got her Juris Doctor’s qualification from the Fredric G. Levin College of Law, University of Florida. She is the Professor in the Accounting office at the University of Florida, Gainesville, FL. Ms. Jill K Goslinga is the Faculty Lead at Grant Thornton. It merits referencing that Ms. Jill K Goslinga is qualified to provide legal counsel in Florida. She likewise has over 12 years of involvement with this zone. As indicated by the surveys of her understudies, Professor Jill Kristen Goslinga is educated, circumspect and reasonable. They portray her as a generally excellent speaker, who covers the material completely and sets aside effort to clarify issues well in class, and her classes are troublesome, however supportive. Her understudies additionally state that Professor Goslinga is sorted out in talk, and it makes learning much simpler. Teacher Jill K Goslinga shows such courses as Managerial Accounting, Financial Accounting, and Introduction to Financial Accounting. Her courses are taking an interest in UF All Access, which is a program intended to give the most moderate alternative to materials to everybody in this course. We will compose a custom article test on Ms. Jill K Goslinga explicitly for you for just $16.38 $13.9/page Request now We will compose a custom article test on Ms. Jill K Goslinga explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom article test on Ms. Jill K Goslinga explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer

Friday, August 21, 2020

20 Analytical Essay Topics on Archaeological Record

20 Analytical Essay Topics on Archeological Record Any physical material made, adjusted and left behind, can be utilized as a methods for archeological record. These records are then contemplated which say a ton regarding past societies that have overwhelmed our planet. Truth be told, basically all of history as we probably am aware today, is supported by archeological records found by archeologists. In the event that you’re among the parcel of understudies who are hoping to put down an investigation paper on archeological account, at that point you’ve unquestionably go to the correct spot. This is the first of our two aides which will help you recorded as a hard copy a heavenly investigation article that’s better than your colleagues’, yet additionally gets liberally appreciated by your teacher. In this guide, 20 subjects for an investigation paper on archeological record, we talk about 20 pertinent themes that you can begin utilizing immediately. These examination exposition thoughts will assist you with composing with accuracy, hitting each point perfectly. Moreover, we’ve likewise finished up an example paperâ at the finish of this guide so you can have a superior comprehension about how an investigation exposition is composed. In our second and last guide, making an examination article on archeological record, we talk about the whatnots of how an investigation paperâ should be composed. Furthermore, you may allude to our 10 realities for an examination exposition on archeological record that’s consistently there when you need it. On the off chance that you definitely realize how to compose an examination exposition, we’d still suggest that you skim through it so you can have a substantially more inside and out glance at how it’s truly composed. All things considered, here are 20 Topics on Archeological Record: How Archeology Can Help us Study Past Cultures The Significance of Archeological Records to Provide Physical Evidence about the Past ― a top to bottom Analysis The Record of Human History: How Archeological Records Help Us Find The Reason behind The Prosperity or Failure of a Civilization How the Remains of Past Civilizations Divides the Line between the Past and Present An Analysis on Archeology: The Human Story that Represents Everyone’s Heritage and is a Part of Everyone’s Past The Digital Archeological Record (tDAR) and its Significance regarding Preserving Irreplaceable Archeological Records An Analysis on the Most Rare Archeological Records that Changed the Entire Course of Human History What Archeological Records Tell Us About Earthly Species How Archeological Records are Helping Human Species Find Alien Life Recorded Archeology: The Luxury of Examining Physical Remains and Texts and its Significance in this Modern Era An In-Depth Analysis on Archeologists: How They Order Their Data to Form a Record and How They Interpret Them as Concrete Embodiments of Thoughts Understanding Archeological Records and an Overview of its Goals How archeological Records Explain the Cultural Diversity it Holds The Composition of Archeological Records: An Analysis of Monuments, Artifacts, Ecofacts, Features and Burials. How Archeological Records Can Become a Means of Living ― An Insight into the Lives of Professional Looters or â€Å"Pot Hunters† How a Combination of Deliberate Destruction and Vandalism Causes Archeological Records to be Lost Forever An Analysis on Vandals who Take Pleasure in the Destruction of Ancient and Ceremonial Archeological Records An Analysis on The Stuff that Comes from Garbage and Litter: The Source of Many Archeological Data Found Today The History of Archeological Records: How everything Began The Relationship between Archeological Records and Time and Space Peruse them all? Amazing! To additionally support your certainty, we have composed a little example exposition that would help you in the composing part, should you stall out at any stage. Here it is: Test Analysis Essay: The Human Story that Represents Everyone’s Heritage and is a Part of Everyone’s Past As indicated by archaeological.org, the revelations, research and investigation of left-behinds by past societies and developments is the thing that paleohistory is extremely about. Archeological records are either printed works or physical material, however they are generally physical. Truth be told, everything that we see today ― structures, landmarks, trimmings, innovation and so forth ― will turn into a piece of archaeological records if our human progress needed to confront an overall fiasco. This is the way it truly works. The greater part of the records that archeologists discover today are the remaining parts of old civic establishments that died quite a while prior. Archaic exploration encourages us comprehend the story behind the human species; how they thrived and what they achieved during their rule over this planet. Archeological records clarify all parts of human culture, from the day by day lives of basic men to the fabulous undertakings of heads. Be that as it may, finding these records is as hard as finding an extremely elusive little thing. Archeologists discover pieces of information that make an example, which permits them to remake mankind's history or the lives of old civic establishments or verifiable figures. Prehistoric studies is an investigation or practice that permits us to acknowledge and protect human legacy. It permits us to get ourselves, where we originated from, how we defeated difficulties, and how the social orders we presently live in flourished. Throughout the years, paleontology and its practices have changed colossally. From antiquated pots to DNA to hypotheses of psychological procedures, everything can be sorted as archeological practices which are performed by today’s archeologists. These new practices have permitted archeologists to make new recuperation procedures and interpretive methodologies, which assist them with discovering increasingly archeological records on our planet. Today, there are an assortment of exceptionally talented archeologists who use cutting edge gear, for example, PCs, mechanical autonomy, satellite symbolism and obviously, a trowel ― the essential instrument utilized by about all archeologists. All of today’s archeological practices have permitted us to grapple with the legacy deserted by past human advancements. Today, ethno-archeologists concentrate past and current developments. This encourages them decide and uncover why individuals in the past left behind their remaining parts in specific examples. At long last, paleohistory has helped us comprehend what our identity is, the thing that we did previously, why we grasped particular sorts of societies and social orders, what we accomplished as an animal types, where we fizzled, where we originated from and what befell human advancements before us. Presently, you’re only one stage away from setting up an amazing examination exposition on archeological accounts. Head over to our last guide ― â€Å"Creating an Analysis Essay on Archeological Records†. Let’s continue ahead with it at that point, will we? References: Patrik, Linda E. (1985). Is There an Archeological Record?. Advances in Archeological Method and Theory. 8: 27â€62. McChesney, Melisa (23 July 2012). What is the archeological record and for what reason does it make a difference?. The Archeology Channel Blog.â https://web.archive.org/web/20150222031926/http://blog.archaeologychannel.org/?p=9 Hardesty, Donald L. (2008). Objectives of Archeology, Overview. In Deborah M. Pearsall. Reference book of Archeology. pp. 1414â€1416. Lucas, Gavin (2012). The Trouble with Theory. Understanding the Archeological Record. Cambridge: Cambridge University Press. pp. 1â€17. Lucas, Gavin (2012). Arrangement Theory. Understanding the Archeological Record. Cambridge: Cambridge University Press. pp. 74â€123. Ojibwa (2015). â€Å"The Archeological Record† DAILY KOS dailykos.com/story/2015/11/1/1443070/ - The-Archeological-Record Childe, V. Gordon (1956). Sorting Out the Past: The Interpretation of Archeological Data. London: Routledge.

Thursday, July 16, 2020

Oy Gevalt! 32 Books for Jewish Book Month

Oy Gevalt! 32 Books for Jewish Book Month LSeforim (to books)! Each year, in the month before Chanukah, and thanks to the efforts of a public librarian in 20th century Boston, American Jews are given an opening to celebrate Jewish books. This year, Book Riot (or: me. I am. This list includes some of my perennial favorites.) is reading along with its own list of Jewish titles. These thirty-two books include novels, biographies, a childrens book, textual criticism, works on Israel and the diaspora, and scholarship for Shabbat reading. There ought to be something here for everyone. Enjoy (and, please, contribute your own titles in the comments section)! November 6th:  Jews and Words, Fania Oz-Salzberger and Amos Oz. On how the written word binds Jews together as a community, against history and despite fluctuations in belief. Fania and Amos write with real poetic skill. Not everyone loves this book, but I cannot help but. November 7th:  Who Wrote the Bible?, Richard Elliott Friedman. The place to start if youre interested in  biblical criticism. Friedmans text explores the authorship of the Torah, the first five books of the Hebrew Bible. One of my Bible professors sold it as a text-based mystery, which is an apt description. Its edifying, engaging, and provocative. November 8th: The World to Come, Dara Horn. This novel centers on a perhaps-stolen Chagall, but, like all of Horns books, it involves so much more. The Yiddish scholars sophomore novel incorporates Talmud, Jewish legends, history, and complicated family dynamics into a mix thats hard to resist. Beloved in my collection and often recommended. November 9th:  These Things Happen, Richard Kramer. I always feel compelled to compare this novel to  To Kill A Mockingbird. Its hard to say why, though. Maybe its that it made me both laugh and cry; or that Kramers writing is jaunty and clever. Maybe its that Kramer tackles exigent social issues (in the case of  These Things Happen: lgbt families and coming out as a youth). This novel acknowledges that the world is imperfect, but makes you feel pretty great about human potential, anyway. November 10th  (Sigd): For Sigd, a holiday celebrated by the Ethiopian Jewish community that relates to Mosess encounter with God, celebrate by reading about Ethiopian Jews. Ruth Grubers  Rescue: the Exodus of the Ethiopian Jews is a good choice. November 11th (Veterans Day): try Alan Wolfs  A Purity of Arms, a memoir about serving in the IDF as an American Jew.     November 12th:  Rise on Rosh Chodesh morning with the  Women of the Wall, who will be davening  to welcome  Kislev at  the Western Wall. They have a Torah scroll, they pray aloud, they wear tallitot  and  kippot.  None of these behaviors sound radical, but man oh man do the old school religious fellows get stirred up over it. You can learn more about Anat Hoffman and her glorious band of Jewish women through Phyllis Cheslers  Women of the Wall, which is a diverse collection  of essays that I love to pieces. November 13th: technically still Rosh Chodesh! Keep the Jewish feminism rolling with Judith Plaskows seminal  Standing Again at Sinai.  Did I wake people up mumbling about sexism and  minyanim  after reading this? Sure. But it was also a spiritual salve. Cannot recommend emphatically enough. November 14th:  The Torah: A Womans Commentary, Tamara Cohn Eskenazi. Shabbat Shalom! Meditate on the Torah portion from a feminist perspective. November 15th:  David: The Divided Heart, David Wolpe. Rabbi Wolpe is a gorgeous writer, and his approach to the infamous king of Israel reads as fresh and exciting. I chose this because its his most recent, but really, anything by Rabbi Wolpe is a treat. November 16th:  Black, White Jewish  and/or  Ade: A Love Story by Rebecca Walker.The first is a memoir; the second, a multicultural novel; the author, the daughter of Alice Walker, with whom she has a tempestuous relationship. November 17th:  Kosher Nation: Why More and More of Americas Food Answers to a Higher Authority, Sue Fishkoff. On how kashrut has become an industry in America. I used Fishkoffs book as a guide while keeping kosher, but its generally fun to read. Youll learn about kosher wine-making, the complications surrounding certification, and the whys and wherefores of recent explosions of interest in maintaining biblically-based dietary standards. November 18th:  Sacred Trash: the Lost and Found World of the Cairo Geniza, Adina Hoffman and Peter Cole. On the Cairo genizah. Has been criticized for being dry; I dont see that at all. This book fascinated me. November 19th:  My Promised Land: the Triumph and Tragedy of Israel, Ari Shavit. Explores the challenges and controversies surrounding modern Israel. Conservatives found it too liberal; liberals found it too conservative; I do believe that means hes doing something right. November 20th:  The Dovekeepers,  Alice Hoffman. Focuses on four women who find themselves at Masada at the time of the siege. Beautifully written. Wonderfully feminist. I hate how it was co-opted and diluted for television; skip that telling and stick to Hoffmans novel. November 21st:  From Text to Tradition, Lawrence Schiffman. A fantastic text exploring Judaism during the Second Temple period. This was assigned to me as a textbook, but I absolutely love it and recommend it widely. November 22nd:  No One is Here Except All of Us, Ramona Ausubel. The only Holocaust novel on this list, and one that often avoids dealing with the Shoah directly. Its characters live in a shtetl certain to fall victim to Nazi forces, but they decide to resist encroaching villains for as long as possible by imagining that theyre somewhere impervious to evil. Strange. Lovely. Will stick with you.     November 23rd:  The Septembers of Shiraz, Dalia Sofer. A Mizrahi family grapples with being marginalized and subjected to suspicion in the wake of the Iranian revolution. A novel from a non-Askenazi perspective. November 24th: To Life!, Harold Kushner. An approachable, humorous, piquing and persuasive book on Jewish identity. Courtesy of a rabbis recommendation on my end; I adore it and pass it on to those curious about the tradition. November 25th:  Elijahs Violin and Other Jewish Fairy Tales,  Howard Schwartz. I may be reading this book with yall! Just copied the title down while eyeing the bookcase of friends; ordered promptly. Seems like the perfect way to unwind in advance of Thanksgiving. November 26th  (Thanksgiving):  Rivkas First Thanksgiving, Elsa Okon Rael. A childrens book about a young girl who goes to ask her rabbi whether Jews should celebrate Thanksgiving. November 27th:  Shalom Coloring, Freddie Levin. Oy, the  tryptophan! Youve  got energy for plotzing, but not much else. Relax with this adult coloring book. (It counts!) November 28th:  People of the Book, Akiva Aaronson. A aesthetically pleasing, coffee-table sized book that walks readers through hundreds of years of Jewish publishing. Good study material for Shabbat.     November 29th:  Just Say Nu, Michael Wex. A fun introduction to conversational Yiddish; as much an appreciative text as it is an instructional one. November 30th:  One Hundred Philistine Foreskins, Tova Reich. A novel about a ferocious and controversial feminist rabbinical leader. You are guaranteed to have a strong reaction. December 1st:  Shekhina , Leonard Nimoy. A photographic celebration of the feminine divine. If you havent seen Nimoys photographs before, prepare to be awed. His accompanying text is also pensive and fantastic. May have to ILL it, but wholly worth any trouble. December 2nd:  In Her Shoes, Jennifer Weiner. Two Jewish sisters compete and wind their way toward a truce in this fun, and funny, novel from the feminist mainstay. The movie is excellent as well, and if you dont follow Weiner on Twitter, you SHOULD, because shes fabulous. December 3rd:  The Believers, Zoe Heller. Neuroses in upper Manhattan. Hellers novel centers on a secular family (one daughter has gone to the dark side by becoming religious) who take Jewish liberalism to a whole new level. Hellers characters arent really likable, but they are fascinating.     December 4th:  The Sabbath, Abraham Joshua Heschel. As close as a theological text can come to poetry. December 5th:  Palaces of Time,  Elisheva Carlebach. Again, a lovely book to own, but also a great text to study. A far-reaching exploration of the Jewish calendar; thrilling illustrations. December 6th:  Yentl the Yeshiva Boy, Isaac Bashevis Singer. Maybe you know the Barbra Streisand movie? Singer didnt like it. (I do.) The word is that he meant for his Yentl to be transgender. Barbras Yentl is cisgendered, and disguises herself as a man to study Torah. Im recommending that you read his version, watch Barbras film version (you deserve a little Mandy Patinkin after all of this reading!), and decide for yourself. (Two Jews, three opinions, right?)

Wednesday, June 24, 2020

Computer law and privacy at work - Free Essay Example

Report to Dà ¢Ã¢â€š ¬Ã¢â€ž ¢Ausecours Board 31st May 2006 Re: Acquisition of Security Control Issues and Recommendations 1) Confidential Information Given the that the greatest value of SC lies in the ability of its employees to innovate and the quality and commercial potential of the resultant product, it is disturbing to learn that none of the employees is currently bound by any form of confidentiality clause in their contract and they have received no training or even informal guidance in the correct handling of confidential information. It is, of course counterproductive to develop a culture of obsessive secrecy such as that which results in the security classification of Ministry of Defence canteen menus but a workable definition should be developed without delay. It is suggested that this accord with the criteria expounded by Megarry V-C in Thomas Marshall (Exports) Ltd v Guinlƒ ©[1] including the test of whether the employer reasonably believes that the release of information will be injurious to him or advantageous to his rivals and whether it is reasonable to believe that the information is not already public. The information will of course have to be judged in accordance with the usage and practices of our industry. In respect of the existing unregulated situation, in the event of unwanted disclosure of confidential information prior to the introduction of revised contracts of employment, it may be possible to rely upon Faccenda Chicken Ltd v Fowler[2] in which employees similarly had no restrictive covenant in their contract of employment. The employer argued that they were nonetheless bound by an implied duty of confidentiality. Although the decision of Goulding J at first instance was unsatisfactory from our point of view, the criteria stipulated by the Court of Appeal in order for such a duty to apply may be of assistance: The nature of the employment; The nature of the information (this can be protected if it may be classed as a trade secret or was material which was in all the circumstances of such a highly confidential nature that it should be so treated; Whether the employer has impressed upon the employee the confidentiality of such information; and Whether the information can be freely isolated from other information which the employee is free to use or disclose. In respect of the third of these (impressing the nature of the information upon the employee) this may be the subject of immediate practical action. Once employees have been so informed, the implied duty should begin to apply notwithstanding the lack of express restrictive covenants in their contracts. The criminal law is unlikely to assist in this regard in its present form. An attempt in Scotland in Grant v Allen[3] to prosecute an employee who allegedly dishonestly took a quantity of computer printouts from a firm of carriers failed with the court commenting that à ¢Ã¢â€š ¬Ã…“to make a declaratory finding that it is a crime dishonestly to exploit confidential information belonging to another would have far reaching consequences in this technological ageà ¢Ã¢â€š ¬Ã‚ ; it was suggested that this was a matter for legislation. However, the English Law Commission in its Working Paper on Conspiracy to Defraud[4] similarly eschewed the opportunity to make the abuse of confident ial information the subject of criminal proceedings unless perhaps in circumstances in which a conspiracy had been formed with the intent to deprive a person of confidential information to their financial prejudice. Accordingly it is recommended that a programme of training be urgently implemented to make employees of SC aware of what constitutes confidential information and stresses that they are already bound by an implied duty of confidentiality. In parallel with this, Human Resources should attend without delay to the revision and reissue of the necessary contracts of employment. In the instance of short-term instances of potential abuse which may prove damaging such as employees disgruntled by the take over seeking to leave and use SC information to establish their own ventures, consideration might be given to the issuing of applications where appropriate for à ¢Ã¢â€š ¬Ã…“springboard injunctionsà ¢Ã¢â€š ¬Ã‚  as in Roger Bullivant Ltd v Ellis[5]. These of course will be strictly limited in time but should at least cover the period in which the ex-employee is seeking to gain a à ¢Ã¢â€š ¬Ã…“head startà ¢Ã¢â€š ¬Ã‚  by the use of such information. 2) Pornography At present, employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s contracts do not forbid personal use of the internet. As a preliminary point, it is suggested that this is reviewed. Quite apart from the specific difficulties to which such use may give rise such as, for example, in the case of the circulation of pornography discussed below, the accessing of websites and the use of the internet during working hours for the sending and receiving of personal e-mails is becoming a contentious issue in every workplace. What may be regarded as a harmless à ¢Ã¢â€š ¬Ã…“perkà ¢Ã¢â€š ¬Ã‚  is capable of escalating to the extent that much productive working time is lost placing the employee in breach of their duty of fidelity and resulting in great impairment to the efficiency of the organisation. Happily, it appear s that at present this use is restricted to the accessing of à ¢Ã¢â€š ¬Ã…“adultà ¢Ã¢â€š ¬Ã‚  websites and there have, as yet, been no complaints from other employees about the distribution of such material. Nonetheless, it is submitted that this is a practice which should be discouraged. Although internet pornography is a relatively new phenomenon, it is still within the ambit of the Obscene Publications Act 1959. This provides that an article is obscene and thus its distribution is liable to criminal prosecution where it has a tendency to deprave or corrupt persons who are likely, having regard to all the relevant circumstances, to come into contact with it. The fact that this rather antiquated piece of legislation which could never have foreseen current technological developments should still be taken seriously can be observed from R v Perrin[6] in which the appellant had been convicted of publishing an obscene article, namely a web page which contained images of coprophilia and fellatio. This was accessed by a police officer. The conviction was challenged under Article 10(1) of the European Convention on Human Rights on the ground that it breached the right of freedom of expression. However, the Court of Appeal held that Article 10(2) allows derogation from the right of freedom of expression where this is necessary in a democratic society for the prevention of disorder or crime or the protection of morals. The Court of Appeal took the opportunity to refine and update the applicable test: à ¢Ã¢â€š ¬Ã…“First, whether any person or persons were likely to see the article, and if so, whether the effect of the article, taken as a whole, was such as to tend to deprave and corrupt the person or persons who were likely, having regard to all the relevant circumstances, to see the matter contained or embodied on it.à ¢Ã¢â€š ¬Ã‚  A discussion of this subject is always likely to give rise to a certain amount of juvenile mirth. It may be suggested, for ex ample, in the light of the comments circulated about my understanding of motor car brands (the subject of a further brief below) that the employees of SC are already beyond the risk of being depraved and corrupted the damage already apparently having been done. However, it is recommended that this issue be taken seriously. In particular, regard should be had to the Protection from Harassment Act 1997 which makes it an offence to pursue a course of conduct designed to cause alarm and distress to another. While, for example, it may be considered amusing to send graphic sexual images to young female employees or, more probably, the à ¢Ã¢â€š ¬Ã…“ladies of a certain ageà ¢Ã¢â€š ¬Ã‚  in the Accounts Department, if this were to reach a certain level of intensity, it could form the basis of criminal prosecution. More immediately, such conduct could be presented as sexual harassment (which can also be directed against same-sex colleagues and transsexuals: Chessington World of Adventures v Reed[7]) which could give rise to a liability on the part of the employer if the conduct was known of and not acted upon or there was found to be insufficient supervision in place to guard against such conduct. This, in itself, could expose the company to proceedings in the Employment Tribunal. These might become particularly serious if an employee were driven to the point of leaving and then claiming constructive dismissal. It is strongly recommended therefore that guidelines regulating the use of the internet in general and the accessing of pornography in particular be immediately promulgated with it being made clear that any breach will be considered a disciplinary offence. 3) Defamation I am quite confident in my ability to distinguish rusting heaps of Scandinavian metal from the more intimate aspects of the female anatomy and I make it clear therefore that I do not propose on this occasion to take any action in respect of the à ¢Ã¢â€š ¬Ã…“hilariousà ¢Ã¢â€š ¬Ã‚  e- mail circulated on the subject. However, the existence of an office culture in which the circulation of such material is considered not only permissible but potentially amusing gives cause for concern. The law of defamation is quite clear. A defamatory statement is one which injures the reputation of another by exposing him to hatred, contempt or ridicule or which tends to lower him in the esteem of right thinking members of society (Parmiter v Coupland Another[8]). Employees should be advised that while the common perception of libel is limited to statements published about celebrities in tabloid newspapers, it is just as capable of applying in the workplace. The important issue in this context is à ¢Ã¢â€š ¬Ã…“publicationà ¢Ã¢â€š ¬Ã‚ . Once again, while this would seem to be a concept applicable only to the Press, a salutary lesson can be learned from Riddick v Thames Board Mills[9]. This concerned an internal memo following the dismissal of two employees. It was based on the report of two other employees which was found to be inaccurate and malicious. This report formed the basis of a memo which a manger dictated to his secretary and then sent to another manager who read it and filed it away. Although Lord Denning dissented in the Court of Appeal on the basis that this was a document which was only produced during discovery and ought therefore to be regarded as privileged, Stephenson and Waller LJJ disagreed and held that communications between employees, often involving communication with secretaries, had for a long time been treated as publications. (This principle is one which may well surprise many of our managers and it is worth observing in passing that an element of guidance and training at this level may be appropriate it will be noted that I have taken care elsewhere to describe the present standard of record keeping as à ¢Ã¢â€š ¬Ã…“inconsistentà ¢Ã¢â€š ¬Ã‚  when more choice language may have sprung to mind!) However, this being so, thes e strictures must apply with still greater force to intra-office e-mails. Quite apart from any issues which arise in respect of the conduct of individual employees in this regard (I repeat my comments in Brief 2 in respect of an employerà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability for harassment and discrimination and potential remedies under employment law), I am concerned about certain developments in respect of the law of libel as applied to electronic communication. In Godfrey v Demon Internet[10], it was held that Internet Service Providers (à ¢Ã¢â€š ¬Ã…“ISPsà ¢Ã¢â€š ¬Ã‚ ) can be held liable for the publication of defamatory material if they store such material on their servers where it is accessible to customers. The argument that they were simply the holders of an electronic device through which information was transmitted was rejected. Although I have not been able to locate any authority exactly on point as yet, I am concerned lest it might be possible to apply this principle to our company on the basis that we might in certain circumstances be seen to be publishing such libels by allowing them to be accessible on our systems. I recognise that this would not apply in the case of personal or group e-mails since we cannot be responsible for their content and are not making them generally available but open for a such as departmental message boards and discussion groups might not be able to escape liability in the same way. Of course, there is now a statutory defence available under section 1 of the Defamation Act 1996 provided it is possible to show that an administrator of an electronic network of this type took all reasonable care in relation to the publication of the statement and did not know (nor could have known) that what they did contributed to the publication of the statement. Obviously, such a defence will be negated if we continue to maintain systems without supervision upon which it is possible to post such material particularly having regard to the f act that even at this stage of acquisition we have become aware of an apparent propensity on the part of certain employees to circulate material of this type. In any event, ongoing monitoring and regulation will be required. The statutory defence failed in Demon Internet because it was shown that the ISP had had the relevant material drawn to its attention and had not taken steps to remove it for some two weeks. 4) Data Protection It is disturbing to note that SC is the subject of a number of complaints to the Data Protection Commissioner. (This issue also impinges upon the area of record keeping discussed at the presentation). A review of systems is therefore imperative. The Data Protection Directive[11] prescribes five principles relating to data quality. It must be: Processed fairly and lawfully; Collected for specific, explicit and legitimate purposes and not further processed in a way incompatible with those purposes; Adequate, relevant and not excessive in relation to the purposes for which they are collected and/or further processed; Accurate, up to date and complete; where this is not so the data must be erased or rectified; Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed. These principles are largely replicated (albeit numbered at eight) in the Data Protection Act 1998. I am concerned at certain aspects of the current SC approach to data. For example, there is much in the current recruitment and ongoing employment of staff that is, to put it mildly, irregular. Where data is collected from a subject as in our current recruitment process, Schedule 1, Part 2, para.3 of the 1998 Act requires that the subject must be supplied with: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦any further information tat is necessary, having regard to the specific circumstances in which the data are or are to be processed, to enable processing in respect of the data subject to be fair.à ¢Ã¢â€š ¬Ã‚  This means that prospective employees should be informed whether providing answers to any questions is voluntary or compulsory and as to the possible consequences of a failure to reply. At present, there is no distinction on the application forms between the questions in relation to previous criminal convictions (and no reference to the Rehabilitation of Offenders Act 1974) and the other questions which are asked about ethnicity (to which the subject is not required to reply) and which, it must be made clear, are for equality and diversity monitoring purposes only. The existing question relating to sexual orientation is wholly unacceptable under the terms of the Employment Equality (Sexual Orientation) Regulations 2003[12]. The present approach to storage of data is entirely haphazard. The most cursory review of the HR Department files reveals personal files which relate to employers who left SC many years ago (while the retention of such information for a period of time for purposes such as the supply of references is legitimate, some of these files are now so antiquated that it might be doubted that the subject is still living). In any event, it is clear that even the information in respect of current employees has not been kept updated. There is therefore a breach of the obligations imposed by the Directive and the Act either to update such information where appropriate or to erase it. Of greatest concern is the issue of data security. The seventh data protection principle contained in the 1998 Act requires that: à ¢Ã¢â€š ¬Ã…“Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.à ¢Ã¢â€š ¬Ã‚  The practical position in this regard at present is appalling. None of the computer systems in Payroll is password protected. A recent visit to the coffee bar revealed employees leafing through HR Department files which have been left in there in an unlocked à ¢Ã¢â€š ¬Ã…“overspillà ¢Ã¢â€š ¬Ã‚  filing cabinet. I recommend the immediate appointment of a data controller to review as his/her first priority, the security of all computer and manual systems and implement adequate training and supervision to ensure the competence and reliability of all staff having access to personal data. 5) Disciplinary Procedures Finally, I am asked to identify another issue which will impinge upon the take over of SC. While there is so much to choose from (!), I am concerned to note that in common with the current raft of complaints to the Data Protection Commissioner, the HR Department appears to be awash with Forms ET1 commencing proceedings against SC in the Employment Tribunal. A review of these applications demonstrates that a great many problems stem from the currently cavalier approach of Managers to the disciplining of members of their department. There exists a macho and à ¢Ã¢â€š ¬Ã…“laddishà ¢Ã¢â€š ¬Ã‚  culture that would be unacceptable on a building site still less in a high-tech company. For example, following a recent dispute over the way in which a software design task was to be carried out in the IT Department, the Manager was heard to say to an employe e, à ¢Ã¢â€š ¬Ã…“You do it my way or you can f*** off!à ¢Ã¢â€š ¬Ã‚ . When the unwanted method of work was repeated, the employee was summoned to the Managerà ¢Ã¢â€š ¬Ã¢â€ž ¢s office and told, à ¢Ã¢â€š ¬Ã…“Ià ¢Ã¢â€š ¬Ã¢â€ž ¢ve told you once you pusillanimous little w*****, now sling your hook!à ¢Ã¢â€š ¬Ã‚ . The employee was escorted from the premises by security. Following receipt of the ET1 alleging unfair dismissal, the Manager was interviewed by the HR Department and indignantly claimed that he had administered a à ¢Ã¢â€š ¬Ã…“verbal warningà ¢Ã¢â€š ¬Ã‚  and was therefore entitled to sack the employee à ¢Ã¢â€š ¬Ã…“on the spotà ¢Ã¢â€š ¬Ã‚ . This is disastrous. First, it should be obvious to even the most insensitive of managers that the ability summarily to dismiss an employee is restricted to instances of gross misconduct. A useful test is contained in Laws v London Chronicle (Indicator Newspapers) Ltd[13] in which it was formulated as: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of serviceà ¢Ã¢â€š ¬Ã‚ . Therefore, while instances such as fighting or theft might warrant dismissal without notice, a dispute over the approach to a computer project can hardly be said to fall into this category. In any event, even if there had been a dismissal with notice, it would probably have been regarded as unfair on the merits but, more particularly for the purpose of the internal organisation of the company, it would have been held to have been à ¢Ã¢â€š ¬Ã…“automatically unfairà ¢Ã¢â€š ¬Ã‚  by virtue of the Employment Act 2002 which introduced the new s.98A(1) into the Employment Rights Act 1996 and requires adherence to the procedures laid down by the Employment Act 2002 (Dispute Resolution) Regulations 2004[14]. As a matter of the greatest urgency all managers should be made aware that there is now a statutory procedure t o be followed in all instances where the disciplining or dismissal of an employee is contemplated. The employee should be informed of the allegation against him and given an opportunity to consider it before attending a meeting (at which he has the right to be accompanied by a work colleague or Trade Union representative) at which the allegation is investigated and a decision reached. Thereafter, there is still a right of appeal to be exhausted before a dismissal can be confirmed. This is known as the à ¢Ã¢â€š ¬Ã‹Å"Standard Procedureà ¢Ã¢â€š ¬Ã¢â€ž ¢. Even in instances of gross misconduct requiring immediate dismissal and removal from the premises, there is a Modified Procedure to be followed. In the event of a claim of unfair dismissal where these procedures are not followed, the dismissal will be deemed automatically unfair even if it could have been justified on other grounds. Worse still, the Tribunal is then obliged to increase the appropriate award by 10% and may where it co nsiders it appropriate to do so increase it further up to an overall maximum of 50%. I recommend therefore that the HR Department is overhauled to ensure that they are fully conversant with these requirements and managers instructed to consult and involve them before taking any action relating to matters of discipline. Bibliography Bainbridge, D., Introduction to Computer Law, (5th Ed., 2004) Bowers, J., A Practical Approach to Employment Law (7th Ed., 2005) Deakin, S., Johnston, A. Markesinis, B., Markesinis and Deakinà ¢Ã¢â€š ¬Ã¢â€ž ¢s Tort Law (5th Ed., 2003) Lloyd, I., Information and Technology Law (4th Ed., 2004) Westlaw www.opsi.gov.uk Footnotes [1] [1978] ICR 905 [2] [1986] IRLR 69 [3] 1987 SCRR 402 [4] Law Com No.104 (1987), paras.10.45-10.46 [5] [1987] IRLR 491 [6] [2002] EWCA Crim 747 [7] [1998] ICR 97 [8] (1840) 6 MW 105 [9] [1977] QB 881 [10] [1999] 4 All ER 342 [11] Directive 95/46/EC, Art.6 [12] SI 2003/1661 [13] [1959] 1 WLR 698 [14] SI 2004/752