Sunday, January 26, 2020

Regulating Manipulative Advertisements

Regulating Manipulative Advertisements Should subtle manipulation advertisements be regulated by the government? Introduction In view of the fact that mass media develop into mass media, companies have obviously utilized this ways of communications to allow a huge numeral of people to be acquainted with their products. There is not anything faulty with that, as it let’s pioneering concepts and ideas to be shared with others. On the other hand, as the years have evolved, the style of techniques and methods of advertising has been sophisticated, alluring and influential and even generating needs and consumerism where there has been nothing before, or turning lavishness into necessities. The major and commanding industry, the advertising industry, employs in misleading subliminal advertising which the majority us are ignorant of. By means of subliminal techniques, by detouring our unconscious mind, advertisers strike into the susceptibility adjacent to our unconscious mind, controlling and influencing us in a lot of ways. So main question arises does government should implement actions to regulate such subtle manipulation? The significance of advertising is progressively on the increase in contemporary society. While the social communication media themselves have huge influence all over the place, so does advertising, by means of media as its medium, is an invasive, commanding power shaping behavior and attitudes in todays world. Advertising can deceive its function as a resource of information by parody and by withholding pertinent data. Occasionally, too, the media’s information function can be undermined by pressure of advertisers upon programs or publications not to care for of questions that may prove awkward or not convenient. More often, despite the fact that, advertising is utilized not merely to inform other than to motivate and persuade — to induce people to take action in definite ways: acquire definite products or services, support definite institutions, and similar to. [Ayanwale, A. B., Alimi, T. Ayanbimipe, M. A. (2005).]This is where particular subtle manipulation can take place. A great deal of advertising expressed at children in fact tries to make use of their suggestibility and credulity, in the expectation that they will place pressure on their parents to acquire merchandises of no actual gain to them.[ Moore, S.E. (2004), ] Advertising similar to this affronts in opposition to the rights and dignity of both parents and children; it encroaches upon the relationship of parent-child and seeks out to influence it to its individual base ends. As well, a few of the moderately little advertising directed specially to the elderly or culturally deprived seems designed to participate upon thei r frights consequently as to influence them to assign a few of their restricted resources to goods or services of questioning value. Advertisers make use of subliminal techniques to manipulate the 2nd and 3rd consciousness level. They mark the consumers desires and fears; manipulate them in ways on no account considered likely. Advertisers On the other hand, provide to the customer on the cognizant level a neutral, safe, logically engaging ad to appease the resistance of consumers to subliminal marketing. While glancing in the course of an ad, the normal consumer block-reads paras and hardly notices an ad that they have appear several times. This is prime time in subliminal response since the conscious mind is indifferent in the potentially unpleasant subliminal matter. [Brooke, Roger. ]There are soft drinks advertisements of naked women in floating ice cubes. Also there are subliminal messages being flickered in theaters informing people to eat popcorn and drink soda It is apparent that by pattering into the unconscious mind of consumers devoid of their understanding, the advertisers are appealing in misleading practices. It is as well an invasion of privacy. However, is this lawful? The reply is no. There are many legislation that forbid advertisers from utilizing subliminal messages in their advertisements. The Sec 5 of Federal Trade Commission Act forbids unjust or deceptive practices or acts in interstate commerce. They as well assert they have prime responsibility for ruling of advertising in US. Subliminal are intrinsically misleading since the customer does not distinguish them at a standard level of consciousness, and consequently is specified no choice whether to recognize or decline the message, as is the instance with normal advertising. ATF seizes that this kind of advertising method is forged and deceptive, and is forbidden by law. The Supreme Court For several years, apprehended that the wide government powers to regulate commerce incorporated the â€Å"minor power† to limit commercial communication1 the Court in Valentine (1942) case , held that the First Amendment does not safeguard â€Å"solely commercial advertising.† This outlook was functional when the courts uphold the prohibition of broadcast cigarettes advertising, on the other hand, in the mid-1970s this view begin to change as the Court nullify more than a few state rulings influencing advertising of products and services for instance pharmaceutical drugs and abortion providers The majority states as well have laws typically in the structure of deceptive practices statutes or consumer fraud that control advertising. State or local officers beneath these laws, can seek out injunctions in opposition to illicit ads and take lawful action to obtain repayment to consumers. A few laws offer for criminal penalties jail and fines but proceedings of criminal for false advertising are uncommon except if fraud is engaged.[ Bagwell, Kyle.] The difficulty in this legal battle is not legislation, sadly. It is the evidence. Since of its temperament, subliminal messages are almost unfeasible to establish. How do you establish to the judge in the Diet Coke there is a naked woman? How do you establish to the judges there are blaring faces concealed ice cubes? In this system of legal, you cannot establish. The proof would be deemed circumstantial. Advertisers would certainly rebuff any such activity and assert that if you gaze into something long adequate, you will position it. The majority substantial proof is yearly spending billions on research and subliminal advertising by these advertisers. Conclusion Advertisers have got a solid hold on our everyday lives. Half of their controlling influence can be trailed to their employ of subliminal advertising. They take benefit of the susceptibility in our subconscious brains. By means of the most recent computer technology, they have supreme resources to influence each picture to target a precise weakness in us. The needs of government regulations are essential in modern day as this subliminal advertising unconsciously attack our minds and intrude our privacy. References Ayanwale, A. B., Alimi, T. Ayanbimipe, M. A. (2005). The Influence of Advertising on Consumer Brand Preference. Journal of Social Science, 10(1), 9-16. Bagwell, Kyle. â€Å"The Economic Analysis of Advertising.† In Handbook of Industrial Organization, vol. 3, edited by M. Armstrong and R. Porter. Amsterdam: North-Holland, forthcoming 2005. Brooke, Roger. Pathways into the Jungian World: Phenomenology and Analytical Psychology. New York: Routledge, 2000. Moore, S.E. (2004), â€Å"Children and changing world of advertisements†, Journal of Business Ethics, 52: 161-167

Saturday, January 18, 2020

Death penalty/capital punishment

It makes people think twice about their actions, instil fear evidence Michael Summers, PhD, MBA, Professor of Management Science at Pepperdine University, wrote in his Nov. 2, 2007 article â€Å"Capital Punishment Works† in the Wall Street Journal: â€Å"†¦ [O]ur recent research shows that each execution carried out is correlated with about 74 fewer murders the following year†¦ The study examined the relationship between the number of executions and the number of murders in the U. S. for the 26-year period from 1979 to 2004, using data from publicly available FBI sources†¦ There seems to be an obvious negative correlation in that when executions increase, murders decrease, and when executions decrease, murders increase†¦ Paul H. Rubin, PhD, Professor of Economics at Emory University â€Å"Recent research on the relationship between capital punishment and homicide has created a consensus among most economists who have studied the issue that capital punishment deters murder. Early studies from the 1970s and 1980s reached conflicting results. However, recent studies have exploited better data and more sophisticated statistical techniques. The modern refereed studies have consistently shown that capital punishment has a strong deterrent effect, with each execution deterring between 3 and 18 murders†¦ 2) Justice for the victim is achieved only through the death penalty. Refutation, opposition says it does not bring justice because mistakenly convict the innocent person With the life sentence the criminal somehow still gets back on the streets and then might kill again. The people who survive need a peace of mind that the person who committed the crime can never come after them again. ife sentence does not work out; the judicial system gives a person life sentence but somehow they get back on the streets and statistics show that nearly 30 convicted killers released from jail over the past 10 years have gone on to kill again thanks to the â€Å"fair† judicial system. Evidence Frederick A. Romano remembers his mother's panic-filled voice as she talked to his father, of himself grabbing the phone only to hear hi s father tell him that his older sister had been hurt. â€Å"It's justice,† Fred Romano said. â€Å"It's not revenge. † His wife, Vicki Romano, agreed, then elaborated. â€Å"Revenge would be going out and killing one of [the murderer's] family members,† Vicki Romano said. â€Å"The death penalty isn't revenge. It's the law. † FactsMarch 31st, 2009| | There are many reasons the death penalty should be abolished. It is a complex issue and it is difficult to point to any single fact or argument as the most important. 1) Executions are carried out at staggering cost to taxpayers. It costs far more to execute a person than to keep him or her in prison for life. A 2011 study found that California has spent more than $4 billion on capital punishment since it was reinstated in 1978 and that death penalty trials are 20 times more expensive than trials seeking a sentence of life in prison without possibility of parole. California currently spends $184 million on the death penalty each year and is on track to spend $1 billion in the next five years. 2) There is no credible evidence that capital punishment deters crime. Scientific studies have consistently failed to demonstrate that executions deter people from committing crime anymore than long prison sentences. Moreover, states without the death penalty have much lower murder rates. The South accounts for 80% of US executions and has the highest regional murder rate. 3) Innocent people have been convicted and executed. The wrongful execution of an innocent person is an injustice that can never be rectified. Since the reinstatement of the death penalty, 140 men and women have been released from Death Row nationally†¦. some only minutes away from execution. Moreover, in the past two years evidence has come to light which indicates that four men may have been wrongfully EXECUTED in recent years for crimes they did not commit. This error rate is simply appalling, and completely unacceptable, when we are talking about life and death. 4) Race plays a role in determining who lives and who dies. The race of the victim and the race of the defendant in capital cases are major factors in determining who is sentenced to die in this country. In 1990 a report from the General Accounting Office concluded that â€Å"in 82 percent of the studies [reviewed], race of the victim was found to influence the likelihood of being charged with capital murder or receiving the death penalty, i. . those who murdered whites were more likely to be sentenced to death than those who murdered blacks. † 5) The death penalty is applied at random. Politics, quality of legal counsel and the jurisdiction where a crime is committed are more often the determining factors in a death penalty case than the facts of the crime itself. The death penalty is a lethal lottery: of the 22,000 homicides committed every year approximately 150 peopl e are sentenced to death. 7) The USA is keeping company with notorious human rights abusers. The vast majority of countries in Western Europe, North America and South America — more than 139 nations worldwide — have abandoned capital punishment in law or in practice. The United States remains in the same company as Iraq, Iran and China as one of the major advocates and users of capital punishment. 8) Millions currently spent on the death penalty could be used to assist the families of murder victims. Many family members who have lost love ones to murder feel that the death penalty will not heal their wounds nor will it end their pain; the extended process prior to executions can prolong the agony experienced by the family. Funds now being used for the costly process of executions could be used to help families put their lives back together through counseling, restitution, crime victim hotlines, and other services addressing their needs. 9) Bad Lawyers are a Persistent Problem in Capital Cases Perhaps the most important factor in determining whether a defendant will receive the death penalty is the quality of the representation he or she is provided. Almost all defendants in capital cases cannot afford their own attorneys. In many cases, the appointed attorneys are overworked, underpaid, or lacking the trial experience required for death penalty cases. There have even been instances in which lawyers appointed to a death case were so inexperienced that they were completely unprepared for the sentencing phase of the trial. Other appointed attorneys have slept through parts of the trial, or arrived at the court under the influence of alcohol. 10) Life Without Parole is a Sensible Alternative to the Death Penalty In every state that retains the death penalty, jurors have the option of sentencing convicted capital murderers to life in prison without the possibility of parole. The sentence is cheaper to tax-payers and keeps violent offenders off the streets for good. Unlike the death penalty, a sentence of Life Without Parole also allows mistakes to be corrected. There are currently over 3,300 people in California who have received this alternative sentence, which also has a more limited appeals process last approximately 3 years. According to the California Governor's Office, only seven people sentenced to life without parole have been released since the state provided for this option in 1977, and this occurred because they were able to prove their innocence.

Friday, January 10, 2020

Probate Code Essay

There is significance in property being classified as probate or nonprobate property in terms of the need for probate, creditors’ claims and payment of federal estate and state estate and inheritance taxes is that. If property is classified as probate then that means that it is the decedent’s property that is subject to estate administration by the personal representative. It also means that the probate property is subject to creditors’ claims and federal and state death taxes. Nonprobate property is not subject to probate because it cannot be transferred by will or inheritance. The nonprobate property goes straight to the named beneficiary or to the surviving joint tenant(s) or partners. Nonprobate property is part of the decedent’s gross estate for federal and state death tax purposes; it is subject to federal and state estate taxes and state inheritance tax. 27. Joint tenancy is different from both tenancy in common and a tenancy by the entirety. Joint tenancy is different from tenancy in common because joint tenancy is the ownership of real or personal property by two or more persons with the right of survivorship; whereas, tenancy in common is the ownership of an undivided interest of real or personal property by two or more persons without the right of survivorship. In a tenancy in common, each person has the right to hold or occupy the whole property in common with the other co-tenants, and each is entitled to share in the profits derived from the property. Unlike a joint tenancy, when a tenancy in common dies, the decedent’s interest goes to an heir or as directed in a will. Joint tenancy is unlike tenancy by the entirety. Tenancy by the entirety is a form of joint tenancy with the right of survivorship available only to a husband and wife. It cannot be terminated by one joint tenant’s inter vivos conveyance of his or her interest. Neither one of the tenants by the entirety can transfer the property or sever the tenancy by the entirety without the consent of the other spouse. 28. There are four unities required for the creation of a joint tenancy. Those unities are: unity of interest, unity of title, unity of time, and unity of possession. For unity of interest to exist, each tenant must have an interest in the property identical with that of the other tenants; the interests must be of the same quantity and duration. For unity of title to exist, the tenancy must be created and the tenants must receive their title from a single source, e.g., the same will or deed. For unity of time to exist, joint tenant owners must receive or take their interests in the property together, i.e., at the same time. Finally, for unity of possession to occur, each joint tenant must own and hold the same undivided possession of the whole property held in joint tenancy. 29. An ancillary administration is necessary if at death the decedent-testator owns any real property in a state other than his domiciliary state, and any tangible personal property in another state. The purpose of ancillary administration is to dispose of and distribute that portion of the decedent’s estate located in a state other than the decedent’s domiciliary state. 30. Community property is all property, other than property received by gift, will, or inheritance, acquired by either spouse during marriage that is considered to belong to both spouses equal in the nine community property states and Alaska if community property is elected. Things that would not be community property includes property received by gift, will or inheritance that are acquired by either spouse during marriage, property individually owned by the husband or wife before their marriage, property that is currently separate property and is traded, replaced, or sold for other property and becomes â€Å"new† separate property, and lastly, social security, railroad retirement, and veteran’s benefits.

Thursday, January 2, 2020

Ednas Escape The Awakening Essay - 931 Words

Ednas Escape The Awakening Edna’s Escape The ending of Kate Chopin’s The Awakening is both controversial and thought provoking. Many see Edna Pontellier’s suicide as the final stage of her â€Å"awakening†, and the only way that she will ever be able to truly be free. Edna’s suicide, however, is nothing more than her final attempt to escape from her life. Edna Pontellier’s life has become too much for her to handle, and by committing suicide she is simply escaping the oppression she feels from her marriage, the suppression she feels from her children, and the failure of her relationship with Robert. Edna Pontellier’s marriage is a failure in her own eyes. Although when thinking of other husbands she at one time admits that, â€Å"she†¦show more content†¦Edna’s children are different from other children, if one of her boys fell â€Å"†¦he was not apt to rush crying to his mother’s arms for comfort; he would more likely pick himself up, wipe the water out of his eyes and the sand out of his mouth, and go on playing†. Edna is not a typical Creole â€Å"mother-woman† who â€Å"idolized her children (and) worshipped her husband† (8) and at times that results in her husband’s claims that she neglects her children. Edna’s children leave her attached to her husband, and even if she is somehow able to escape the relationship with her husband she will never be able to escape her children. She realizes this and whether consciously or not, doesn’t care for her children the way this is expected of a woman in her time period. When Adele Ratignolle reminds her to, â€Å"Think of the children!†¦Oh think of the children! Remember them!† Edna finally realizes her decisions affect her and her children. Instead of accepting her responsibility as a mother Edna decides to give up, and does so by committing suicide. The final reason for Edna’s escape from her troublesome life is the failure of her relationship with Robert. Edna was able to find some form of escape through her desire and hope of being with Robert, but when those plans fell through Edna feels as if she has nothing to look forward to, nothing to live for in life. Robert realizes that he and Edna will never be able to have a trueShow MoreRelatedAnalysis Of The Awakening 1032 Words   |  5 PagesIn Chopin’s novel, The Awakening, she writes about a woman’s desire to find and live fully within her true self during the 1890s in Louisiana. The woman, Edna Pontellier, is trying to find herself in the masculine society of Louisiana, leading her to cause friction with friends, family and the Creole society. 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