Wednesday, July 31, 2019

Wksht Chapter 3 Developing Service Concepts – Core and Supplementary Element

Developing Service Concepts: Core and Supplementary Element | Overview of Chapter 3 * Planning and Creating Services * The Flower of Service * Planning and Branding Service Products * Development of New Services| I.Planning and Creating Services * A service product comprises all elements of service performance, both tangible and intangible, that create value for customers * The service concept is represented by: * A ________________ * Accompanied by ________________ ________________| Core Products and Supplementary Services * In mature industries, core products often become commodities * Supplementary services help to differentiate core products and create competitive advantage by: * Facilitating use of core product (a service or a good) * Enhancing the value and appeal of the core product| Augmenting the Core Product (Fig 3. 1) * Are supplementary services needed to facilitate use of core product or simply to add extra appeal? * Should customers be charged separately for each servic e element? * Or should all elements be bundled at a single price? | | Designing a Service Concept * ________________ * Central component that supplies the principal, problem-solving benefits customers seek * ________________ * Augment the core product, facilitating its use and enhancing its value and appeal * ________________ * Used to deliver both the core product and each of the supplementary services| |Documenting Delivery Sequence Over Time * Must address sequence in which customers will use each core and supplementary service * Determine approximate length of time required for each step * Customers may budget a specific amount of time for an activity * Information should reflect good understanding of customers, especially their: * ________________ * ________________ * ________________ * Question: Do customers’ expectations change during service delivery in light of perceived quality of each sequential encounter? | What Happens, When, in What Sequence? Time Dimension in A ugmented Product (Fig 3. 3)| Core and Supplementary Services at Luxury Hotel (Offering Much More than Cheap Motel! )| |Flowcharting Service Delivery Helps to Clarify Product Elements * Offers way to understand totality of customer’s service experience * Useful for distinguishing between core product itself and service elements that supplement core * Restaurants: Food and beverage (core) * Reservations (supplementary services) * Shows how nature of customer involvement with service organizations varies by type of service: * People processing * Possession processing * Mental Stimulus processing * Information processing| Defining Core and Supplementary Elements of Our Service Product * How is our core product defined and what supplementary elements augment it? * What product benefits create most value for customers? * Is our service package differentiated from competition in meaningful ways for target customers? * What are current levels of service on core product and each suppl ementary element? * Can we charge more for higher service levels?For example: * Faster response and execution * Better physical amenities * Easier access * Higher staffing levels * Superior caliber personnel * Alternatively, should we cut service levels and charge less? | Simple Flowchart for Delivery of a ________________-Processing Service (Fig 3. 4)| People Processing – Stay at Motel Park Car Check In Spend Night in Room Breakfast Check Out Breakfast Prepared Maid Makes up Room | Simple Flowchart for Delivery of a ________________-Processing Service (Fig 3. 4)| | Simple Flowchart for Delivery of ________________-Processing Service (Fig 3. 4)| | Simple Flowchart for Delivery of ________________-Processing Service (Fig 3. 4)| | II. The Flower of Service (Fig 3. )| How to Determine What Supplementary Services Should Be Offered * Not every core product is surrounded by supplementary elements from all eight clusters * Nature of product helps to determine: * Which supplementary services must be offered * Which might usefully be added to enhance value and ease of doing business with the organization* People-processing and high-contact services tend to have more supplementary services * Market positioning strategy helps to determine which supplementary services should be included * Firms that offer different levels of service often add extra supplementary services for each upgrade in service level | Facilitating Services—_______________| Customers often require information about how to obtain and use a product or service. Examples of elements: * Directions to service site * Schedule/service hours * Prices * Conditions of sale * Usage instructions| Facilitating Services—_______________| Customers need to know what is available and may want to secure commitment to delivery. The process should be fast and smooth. Examples of elements: * Applications * Order entry * Reservations and check-in| Facilitating Services—_______________| â€Å"How much do I owe you? † Bills should be clear, Accurate, and intelligible.Examples of elements: * Periodic statements of account activity * Machine display of amount due| Facilitating Services—_______________| Customers may pay faster and more cheerfully if youmake transactions simple and convenient for them. Examples of elements: * Self service payment * Direct to payee or intermediary Automatic deduction| Enhancing Services—_______________| Value can be added to goods and services by offering advice and consultation tailored to each customer’s needs and situation. Examples of elements: * Customized advice * Personal counseling * Management consulting| Enhancing Services—_______________| Customers who invest time and effort in visiting business and using its services deserve to be treated as welcome guests— after all, marketing invited them! Examples of elements: * Greeting * Waiting facilities and amenities * Food and beverages * Toilets and washrooms * Security| Enhancing Services—_______________| Customers prefer not to worry about looking after the personal possessions that they bring with them to a service site. Examples of elements: * Looking after possessions customers bring with them * Caring for goods purchased (or rented) by customers| Enhancing Services—EXCEPTIONS| Customers appreciate some flexibility when they make special requests and expect responsiveness when things don’t go according to plan.Examples of elements: * Special requests in advance * Complaints or compliments * Problem solving * Restitution| Managerial Implications (To develop product policy and pricing strategy) * Managers need to determine: * Which supplementary services should be offered as a standard package accompanying the core * Which supplementary elements could be offered as options for an extra charge * In general, firms that compete on a low-cost, no-frills basis needs fewer supplementary elements than those mar keting expensive, high-value-added services * Each flower petal must receive consistent care and concern to remain fresh and appealing| III. Planning and Branding Service Products|Service Products| * A product implies a defined and consistent â€Å"_____________________† and also ability of firm to differentiate its bundle of output from competitors’ * Service firms can differentiate their products in similar fashion to various â€Å"models† offered by manufacturers * Providers of more intangible services also offer a â€Å"_______________† of products * Represent an assembly of elements that are built around the core product * May include certain value-added supplementary services | Product Lines and Brands| * Most service organizations offer a line of products rather than just a single product * They may choose among three broad alternatives: * Single brand to cover all products and services * A separate, stand-alone brand for each offering * Some combi nation of these two extremes| Spectrum of Branding Alternatives (Fig 3. 8)| * Branded House – Sub brands – Endorsed Brands – House ofBrands| Offering a Branded Experience (1)| * Branding can be employed at both _______________ and _______________ levels * _______________ brand: * Easily recognized * Holds meaning to customers * Stands for a particular way of doing business * _______________ brand: * Helps firm communicate distinctive experiences and benefits associated with a specific service concept * Moving toward branded customer experience includes: * Create brand promise * Shape truly differentiated customer experience * Give employees skills, tools, and supporting processes to deliver promise * Measure and monitor| Offering a Branded Experience (2)| â€Å"The brand promise or value proposition is not a tag line, an icon, or a color or a graphic element, although all of these may contribute.It is, instead, the heart and soul of the brand†¦. † Do n Schultz | IV. Developing New Services| A Hierarchy of New Service Categories (1)| 1. Major service innovations * New core products for previously undefined markets 2. Major process innovations * Using new processes to deliver existing products with added benefits 3. Product-line extensions * Additions to current product lines 4. Process-line extensions * Alternative delivery procedures 5. Supplementary service innovations * Addition of new or improved facilitating or enhancing elements 6. Service improvements * Modest changes in the performance of current products 7.Style changes * Visible changes in service design or scripts| Reengineering Service Processes| * Service processes affect not only customers, but also cost, speed, and productivity with which desired outcome is achieved * _______________ involves analyzing and redesigning processes to achieve faster and better performance * Running tasks in parallel instead of sequence can reduce/eliminate dead time * Examination of pr ocesses can lead to creation of alternative delivery methods that constitute new service concepts * Add/eliminate supplementary services * Resequence delivery of service elements * Offer self-service ptions| Physical Goods as a Source Of New Service Ideas| * Services can be built around rentals: Alternatives to owning a physical good and/or doing work oneself * Customers can rent goods—use and return for a fee—instead of purchasing them * Customers can hire personnel to operate own or rented equipment* Any new durable good may create need for after-sales services now and in future—possession processing * Shipping * Installation * Problem-solving and consulting advice * Cleaning and maintenance * Upgrades * Removal and disposal| Creating Services as Substitutes for Owning and/or Using Goods (Fig 3. 10)| | Achieving Success in Developing New Services| * Services are not immune to high failure rates that plague new manufactured products * â€Å"dot. com† com panies * In developing new services * Core product is of secondary importance * Ability to maintain quality of the total service offering is key * Accompanying marketing support activities are vital * Market knowledge is of utmost importance| Success Factors inNew Service Development| * _______________ * Good fit between new product and firm’s image/resources * Advantage versus competition in meeting customers’ needs * Strong support from firm during/after launch * Firm understands customer purchase decision behavior * _______________ factors * Strong interfunctional cooperation and coordination * Internal marketing to educate staff on new product and its competition * Employees understand importance of new services to firm * _______________ factors * Scientific studies conducted early in development process * Product concept well defined before undertaking field studies| Summary of Chapter 3: Developing Service Concepts (1)| * Planning and creating services involve: * Augmenting core product * Designing core product, supplementary services, and delivery process * Documenting delivery sequence over time with flowcharts * Gaining insights from flowcharting* Flower of service includes core product and two types of supplementary ervices: facilitating and enhancing * Facilitating services include information, order taking, billing, and payment * Enhancing services include consultation, hospitality, safekeeping, and exceptions * Spectrum of branding alternatives exists for services * Branded house * Sub-brands * Endorsed brands * House of brands * Seven categories of new services: * Major service innovations * Major process innovations * Product-line extensions * Process-line extensions * Supplementary service innovations * Service improvements * Style changes * To develop new services, we can * Reengineer service processes * Use physical goods as a source of new service ideas * Use research to design new services * Achieve success in developing new s ervices|Summary of Chapter 3: Developing Service Concepts * Planning and creating services involve: * Augmenting core product * Designing core product, supplementary services, and delivery process * Documenting delivery sequence over time with flowcharts * Gaining insights from flowcharting * Flower of service includes core product and two types of supplementary services: facilitating and enhancing * Facilitating services include information, order taking, billing, and payment * Enhancing services include consultation, hospitality, safekeeping, and exceptions * Spectrum of branding alternatives exists for services * Branded house * Sub-brands * Endorsed brands * House of brands * Seven categories of new services: * Major service innovations * Major process innovations * Product-line extensions * Process-line extensions * Supplementary service innovations * Service improvements * Style changes * To develop new services, we can * Reengineer service processes * Use physical goods as a source of new service ideas * Use research to design new services * Achieve success in developing new services| Summary of Chapter3: Developing Service Concepts * Planning and creating services involve: * Augmenting core product * Designing core product, supplementary services, and delivery process * Documenting delivery sequence over time with flowcharts * Gaining insights from flowcharting * Flower of service includes core product and two types of supplementary services: acilitating and enhancing * Facilitating services include information, order taking, billing, and payment * Enhancing services include consultation, hospitality, safekeeping, and exceptions * Spectrum of branding alternatives exists for services * Branded house * Sub-brands * Endorsed brands * House of brands * Seven categories of new services: * Major service innovations * Major process innovations * Product-line extensions * Process-line extensions * Supplementary service innovations * Service improvements * Sty le changes * To develop new services, we can * Reengineer service processes * Use physical goods as a source of new service ideas* Use research to design new services * Achieve success in developing new services| Summary of Chapter 3: Developing Service Concepts * Planning and creating services involve: * Augmenting core product * Designing core product, supplementary services, and delivery process * Documenting delivery sequence over time with flowcharts * Gaining insights from flowcharting * Flower of service includes core product and two types of supplementary services: facilitating and enhancing * Facilitating services include information, order taking, billing, and payment * Enhancing services include consultation, hospitality, safekeeping, and exceptions * Spectrum of branding alternatives exists for services * Branded house * Sub-brands * Endorsed brands * House of brands * Seven categories of new services: * Major service innovations * Major process innovations * Product-lin e extensions * Process-line extensions * Supplementary service innovations * Service improvements * Style changes * To develop new services, we can * Reengineer service processes * Use physical goods as a source of new service ideas * Use research to design new services* Achieve success in developing new services| Summary of Chapter 3: Developing Service Concepts * Planning and creating services involve: * Augmenting core product * Designing core product, supplementary services, and delivery process * Documenting delivery sequence over time with flowcharts * Gaining insights from flowcharting * Flower of service includes core product and two types of supplementary services: facilitating and enhancing * Facilitating services include information, rder taking, billing, and payment * Enhancing services include consultation, hospitality, safekeeping, and exceptions * Spectrum of branding alternatives exists for services * Branded house * Sub-brands * Endorsed brands * House of brands * S even categories of new services: * Major service innovations * Major process innovations * Product-line extensions * Process-line extensions * Supplementary service innovations * Service improvements * Style changes * To develop new services, we can * Reengineer service processes * Use physical goods as a source of new service ideas * Use research to design new services * Achieve success in developing new services|

Tuesday, July 30, 2019

Ethical Dilemmas and Decisions Essay

5 Ethical Dilemmas You live next door to an Arab family, and you hear the husband talking negatively about the United States. Your friends at work tell you that you should report him to the police because he might be a terrorist. What would you do? Why? Georgia says that she would observe the man and the house to watch and take notes on what was going on and if her suspicions went further she would call the police. But I personally believe that I would go ahead and report what I had heard that way when I do find more evidence I can turn it in to the police so they have evidence against him instead of just going on one mishap that they know of. You are a prison guard supervising a tier. One of the inmates comes to you and asks a favor. Because he is a troublemaker, his mail privileges have been taken away. He wants you to mail a letter for him. You figure it’s not such a big deal; besides, you know he could make your job easier by keeping the other inmates on the tier in line. What would you tell him. Josh would tell him he needs to request to speak with someone in a higher position and he needs to talk to his counselor because it’s a federal crime to do the favor and that being bribery can get him put in segregation. I would have to completely agree with him because I wouldn’t want to get fired or even sent to prison for helping give someone a break just to get a little respect from the prisoners and one bribe leads to blackmail and a lot more trouble. You are a deputy prosecutor and have to decide whether to charge a defendant with possession and sale of a  controlled substance. You know you have a good case because the guy sold to the local junior high school, and many of the kids are willing to testify. The police are pressuring you to make a deal because he has promised to inform on other dealers in the area if you don’t prosecute. What should you do? Ciara would lock him up because he was selling to kids not adults. And she wou ld tell cops to do their jobs, because if he could tell them the names of the other dealers then they work closely and she would just go down the chain. I agree with Ciara, but I think I would give him a deal but he would still have to do some time because they were kids but it would be less time and probation. But he still has to give me everyone he knows not just a few people. There is a well-known minor criminal in your district. Everyone is aware that he is engaging in a variety of crimes, including burglary, fencing, and drug dealing. However, you have been unable to make a case against him. Now he is the victim of a crime where he has been assaulted and robbed at gunpoint. How would you treat his case? Jennifer feels like he still deserves justice, whether the guy is a criminal or not and it may get him to change his ways. I agree with Jenni that he does deserve justice but I would still try to get him to talk about his criminal activity as well to find out why he was targeted because he may have robbed the other person before. You are asked to enforce a law that you believe to be wrong. For instance, you are supposed to protect a member of the Ku Klux Klan during a speech when your feelings are directly contrary to the views expressed by this individual, and you don’t believe that he should have the right to speak. What would you do? What would you do if you were told to deliberately perform your job in such a way as to ensure that the speaker will be injured by a hostile crowd? Avise would just leave she wouldn’t be forced to do something that goes against her beliefs. And with her being mixed she would not want to hear him talk bad about other races. I believe I would protect the person to the best of my ability whether I agree with them or not. It’s still my job and I would not care if I was told to let the person get hurt.

Monday, July 29, 2019

Al Gore - Saving the Constitution Speech at Constitution hall

Al Gore Saving the Constitution Speech at Constitution Hall delivered 16 January 2006, Washington, D.C.Thank you very much. Id like to thank Michael Ostrolenk for that on-the-spot introduction, and Id like to thank Michael and the other leaders of the Liberty Coalition for the wonderful work that they are doing to try to help Americans bridge many gaps that have sometimes unnecessarily divided us. I want to thank them for co-sponsoring this event. I want to thank Lisa Brown for her friendship to me and for her outstanding leadership of the American Constitution Society. Tipper and I have long admired her work, and its a pleasure to work with her. To all of the distinguished guests who are here, Senator Dianne Feinsteinothers who are present [inaudible]. And I want to commiserate with Congressman Bob Barr, who was connected live when we walked out on the stage, but having had similar occurrences with live video feeds before, I know what can happen and what he must be feeling right now. And I want to thank all of you for coming. Id like to start by saying that Congressman Bob Barr and I have disagreed many times over the years. But we have joined together today with thousands of our fellow citizens, Democrats and Republicans alike, to express our shared concern that Americas Constitution is in grave danger. In spite of our differences over ideology and politics, we are in strong agreement that the American values we hold most dear have been placed at serious risk by the unprecedented claims of the administration to a truly breathtaking expansion of executive power. As we begin this new year, the executive branch of our government has been caught eavesdropping on huge numbers of American citizens and has brazenly declared that it has the unilateral right to continue without regard to the established law enacted by Congress precisely to prevent such abuses. It is imperative that respect for the rule of law be restored in our country. And that is why many of us have come here to Constitution Hall to sound an alarm and call upon our fellow citizens to put aside partisan differences insofar as it is possible to do so and join with us in demanding that our Constitution be defended and preserved. It is appropriate that we make this appeal on the day our nation has set aside to honor the life and legacy of Dr. Martin Luther King Jr. who challenged America to breathe new life into our oldest values by extending its promise to all of our people. And on this particular Martin Luther King Day it is especially important to recall for that for the last several years of his life Dr. King was illegally wiretapped, one of hundreds of thousands of Americans whose private communications were intercepted by the U.S. government during that period. The FBI privately labeled King the and I quote the most dangerous and effective negro leader in the country and vowed to again, I quote take him off his pedestal. The government even attempted to destroy his marriage and tried to blackmail him into committing suicide. This campaign continued until Dr. Kings murder. The discovery that the FBI conducted this long-running and extensive campaign of secret electronic surveillance designed to infiltrate the inner workings of the Southern Christian Leadership Conference and to learn the most intimate details of Dr. Kings life was instrumental in helping to convince Congress to enact restrictions on wiretapping. And one result was the Foreign Intelligence and Surveillance Act, often called FISA, which was enacted expressly to ensure that foreign intelligence surveillance would be presented to an impartial judge to verify that there was indeed a sufficient cause for the surveillance. It included ample flexibility and an ability for the executive to move with as much speed as desired. I voted for that law during my first term in Congress. And, for almost 30 years, the system has proven a valuable and workable means of affording a level of protection for American citizens while permitting foreign surveillance to continue whenever it is necessary. And yet, just one month ago, Americans awoke to the shocking news that, in spite of this long-settled law, the executive branch has been secretly spying on large numbers of Americans for the last four years and eavesdropping on and I quote the report large volumes of telephone calls, e-mail messages and other Internet traffic inside the United States. The New York Times reported that the president decided to launch this massive eavesdropping program without search warrants or any new laws that would permit domestic intelligence collection. During the period when this eavesdropping was still secret, the president seemed to go out of his way to reassure the American people on more than one occasion that, of course, judicial permission is required for any government spying on American citizens and that, of course, these constitutional safeguards were still in place. But, surprisingly, the presidents soothing statements turned out to be false. Moreover, as soon as this massive domestic spying program was uncovered by the press, the president confirmed the story was true but in the next breath declared that he has no intention of stopping or bringing these wholesale invasions of privacy to an end. At present, we still have much to learn about the NSAs domestic surveillance. What we do know about this pervasive wiretapping virtually compels the conclusion that the president of the United States has been breaking the law, repeatedly and insistently. A president who breaks the law is a threat to the very structure of our government. Our founding fathers were adamant that they had established a government of laws and not men. They recognized that the structure of government they had enshrined in our Constitution, our system of checks and balances, was designed with a central purpose of ensuring that it would govern through the rule of law. As John Adams said, The executive shall never exercise the legislative and judicial powers or either of them to the end that it may be a government of laws and not of men. An executive who arrogates to himself the power to ignore the legitimate legislative directives of the Congress or to act free of the check of the judiciary becomes the central threat that the founders sought to nullify in the Constitution, an all-powerful executive; too reminiscent of the king from whom they had broken free. In the words of James Madison, the accumulation of all powers, legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self-appointed or elected, may justly be pronounced the very definition of tyranny. Thomas Paine, whose pamphlet on Common Sense ignited the American Revolution, succinctly described Americas alternative. Here, he said, we intended to make certain that, in his phrase, the law is king. Vigilant adherence to the rule of law actually strengthens our democracy, of course, and strengthens America. It ensures that those who govern us operate within our constitutional structure, which means that our democratic institutions play their indispensable role in shaping policy and determining the direction of our nation. It means that the people of this nation ultimately determine its course and not executive officials operating in secret without constraint under the rule of law. And make no mistake: The rule of law makes us stronger by ensuring that decisions will be tested, studied, reviewed and examined through the normal processes of government that are designed to improve policy and avoid error. And the knowledge that they will be reviewed prevents overreaching and checks the accretion to power. A commitment to openness, truthfulness and accountability helps our country avoid many serious mistakes that we would otherwise make. Recently, for example, we learned from just-declassified documents after almost 40 years that the Gulf of Tonkin resolution which authorized the tragic Vietnam War was actually based on false information. And we now know that the decision by Congress to authorize the Iraq war 38 years later was also based on false information. Now, the point is that America would have been better off knowing the truth and avoiding both of these colossal mistakes in our history. And that is the reason why following the rule of law makes us safer, not more vulnerable. The president and I agree on one thing: The threat from terrorism is all too real. There is simply no question that we continue to face new challenges in the wake of the attacks on September 11th and we must be ever vigilant in protecting our citizens from harm. Where we disagree is on the proposition that we have to break the law or sacrifice our system of government in order to protect Americans from terrorism when, in fact, doing so would make us weaker and more vulnerable. And remember that, once violated, the rule of law is itself in danger. Unless stopped, lawlessness grows, the greater the power of the executive grows, the more difficult it becomes for the other branches to perform their constitutional roles. As the executive acts outside its constitutionally prescribed role and is able to control access to information that would expose its mistakes and reveal errors, it becomes increasingly difficult for the other branches to police its activities. And once that ability is lost, democracy itself is threatened and we do become a government of men and not laws. The presidents men have minced words about Americas laws. The attorney general, for example, openly conceded that the kind of surveillance, in his phrase, that we know they have been conducting, does require a court order unless authorized by statue. The Foreign Intelligence Surveillance Act self-evidently does not authorize what the NSA has been doing and no one inside or outside the administration claims that it does. Incredibly, the administration claims instead that the surveillance was implicitly authorized when Congress voted to use force against those who attacked us on September 11. But this argument simply does not hold any water. Without getting into the legal intricacies, it faces a number of embarrassing facts. First, another admission by the attorney general: He concedes that the administration knew that the NSA project was prohibited by existing law and that that is why they consulted with some members of Congress about the possibility of changing the statute. Attorney General Gonzales says that they were told by the members of Congress consulted that this would probably not be possible. And so they decided not to make the request. So how can they now argue that the authorization for the use of military force somehow implicitly authorized it all along? Indeed, when the authorization was being debated, the administration did in fact seek to have language inserted in it that would have authorized them to use military force domestically and the Congress refused to agree. Senator Ted Stevens and Representative Jim McGovern, among others, made clear statements during the debate on the floor of the House and Senate, respectively, clearly stating that that authorization did not operate domestically and there is no assertion to the contrary. When President Bush failed to convince Congress to give him the power he wanted when this measure was passed, he secretly assumed that power anyway, as if congressional authorization was a useless bother. But as Justice Frankfurter once wrote, To find authority so explicitly withheld is not merely to disregard in a particular instance the clear will of Congress. It is to disrespect the whole legislative process and the constitutional division of authority between the president and the Congress. This is precisely the disrespect for the law that the Supreme Court struck down in the steel seizure case during the Korean War. It is this same disrespect for Americas Constitution which has now brought our republic to the brink of a dangerous breach in the fabric of the Constitution. And the disrespect embodied in these apparent mass violations of the law is part of a larger pattern of seeming indifference to the Constitution that is deeply troubling to millions of Americans in both political parties. For example, as you know, the president has also declared that he has a heretofore unrecognized inherent power to seize and imprison any American citizen that he alone determines to be a threat to our nation, and that notwithstanding his American citizenship that person in prison has no right to talk with a lawyer, even if he wants to argue that the president or his appointees have made a mistake and imprisoned the wrong person. The president claims that he can imprison that American citizen any American citizen he chooses indefinitely, for the rest of his life, without even an arrest warrant, without notifying them of what charges have been filed against them, without even informing their families that they have been imprisoned. No such right exists in the America that you and I know and love. It is foreign to our Constitution. It must be rejected. At the same time, the executive branch has also claimed a previously unrecognized authority to mistreat prisoners in its custody in ways that plainly constitute torture and have plainly constituted torture in a widespread pattern that has been extensively documented in U.S. facilities located in several countries around the world. Over 100 of these captives have reportedly died while being tortured by executive branch interrogators. Many more have been broken and humiliated. And, in the notorious Abu Ghraib prison, investigators who documented the pattern of torture estimated that more than 90 percent of the victims were completely innocent of any criminal charges whatsoever. This is a shameful exercise of power that overturns a set of principles that youre nation has observed since General George Washington first enunciated them during our Revolutionary War. They have been observed by every president since then until now. They violate the Geneva Conventions, the International Convention Against Torture and our own laws against torture. The president has also claimed that he has the authority to kidnap individuals on the streets of foreign cities and deliver them for imprisonment and interrogation on our behalf by autocratic regimes and nations that are infamous for the cruelty of their techniques for torture. Some of our traditional allies have been deeply shocked by these new and uncharacteristic patterns on the part of America. For example, the British ambassador to Uzbekistan one of those nations with the worst reputations for torture in its prisons registered a complaint to his home office about the cruelty and senselessness of the new U.S. practice that he witnessed. This material were getting is useless, he wrote. And then he continued with this: We are selling our souls for dross. It is, in fact, positively harmful. Can it be true that any president really has such powers under our Constitution? If the answer is yes, then under the theory by which these acts are committed, are there any acts that can on their face be prohibited? If the president has the inherent authority to eavesdrop on American citizens without a warrant, imprison American citizens on his own declaration, kidnap and torture, then what cant he do? The dean of Yale Law School, Harold Koh, said after analyzing the executive branchs extravagant claims of these previously unrecognized powers, and I quote Dean Koh, If the president has commander-in-chief power to commit torture, he has the power to commit genocide, to sanction slavery, to promote apartheid, to license summary execution. The fact that our normal American safeguards have thus far failed to contain this unprecedented expansion of executive power is itself deeply troubling. This failure is due in part to the fact that the executive branch has followed a determined strategy of obfuscating, delaying, withholding information, appearing to yield but then refusing to do so, and dissembling in order to frustrate the efforts of the legislative and judicial branches to restore a healthy constitutional balance. For example, after appearing to support legislation sponsored by Senator John McCain to stop the continuation of torture, the president declared in the act of signing the bill that he reserved the right not to comply with it. Similarly, the executive branch claimed this it could unilaterally imprison American citizens without giving them access to review by any tribunal. And when the Supreme Court disagreed, the president then engaged in legal maneuvers designed to prevent the court from providing any meaningful content to the rights of the citizens affected. A conservative jurist on the 4th Circuit Court of Appeals wrote that the executive branchs handling of one such case seemed to involve the sudden abandonment of principle and, I quote him, at substantial cost to the governments credibility before the courts. As a result of this unprecedented claim of new unilateral power, the executive branch has now put our constitutional design at grave risk. The stakes for Americas democracy are far higher than has been generally recognized. These claims must be rejected and a healthy balance of power must restored to our republic. Otherwise, the fundamental nature of our democracy may well undergo a radical transformation. For more than two centuries, Americas freedoms have been preserved in large part by our founders wise decision to separate the aggregate power of our government into three co-equal branches, each of which, as you know, serves to check and balance the power of the other two. On more than a few occasions in our history, the dynamic interaction among all three branches has resulted in collisions and temporary impasses that create what are invariably labeled constitutional crises. These crises have often been dangerous and uncertain times for our republic. But in each such case so far, we have found a resolution of the crisis by renewing our common agreement to live together under the rule of law. The principal alternative to democracy throughout history has, of course, been the consolidation of virtually all state power in the hands of a single strong man or small group who exercised that power without the informed consent of the governed. It was in revolt against just such a regime, after all, that America was founded. When Lincoln declared at the time of our greatest crisis that the ultimate question being decided in the Civil War was, in his memorable phrase, whether that nation or any nation so conceived and so dedicated can long endure, he was not only saving our union. He was recognizing the fact that democracies are rare in history. And when they fall, as did Athens and the Roman republic upon whose designs our founders drew heavily, what emerges in their place is another strong- man regime. There have, of course, been other periods in American history when the executive branch claimed new powers later seen as excessive and mistaken. Our second president, John Adams, passed the infamous Alien and Sedition Acts and sought to silence and imprison critics and political opponents. And when his successor, President Thomas Jefferson, eliminated the abuses, in his first inaugural, he said, The essential principles of our government form the bright constellation which has gone before us and guided our steps through an age of revolution and reformation. Should we wander from them in moments of error or of alarm, let us hasten to retrace our steps and regain that road which alone leads to peace, liberty and safety. President Lincoln, of course, suspended habeas corpus during the Civil War, and some of the worst abuses prior to those of the current administration were committed by President Wilson during and after World War I, with the notorious red scare and Palmer Raids. The internment of Japanese-Americans during World War II marked a shameful low point for the respect of individual rights at the hands of the executive. And, of course, during the Vietnam War, the notorious COINTEL program was part and parcel of those abuses experienced by Dr. King and so many thousands of others. But in each of these cases throughout American history, when the conflict and turmoil subsided, our nation recovered its equilibrium and absorbed the lessons learned in a recurring cycle of excess and regret. But there are reasons for concern this time around that conditions may be changing so that this cycle may not repeat itself. For one thing, we have for decades been witnessing the slow and steady accumulation of presidential power. In a globe where there are nuclear weapons and Cold War tensions, Congress and the American people accepted ever-enlarging spheres of presidential initiative to conduct intelligence and counterintelligence activities and allocate our military forces on the global stage. When military force has been used as an instrument of foreign policy or in response to humanitarian demands, it has almost always been as the result of presidential initiative and leadership. But as Justice Frankfurter wrote in that famous steel seizure case, The accretion of dangerous power does not come in a day. It does come, however slowly, from the generative force of unchecked disregard of the restrictions that fence in even the most disinterested assertion of authority. A second reason to believe that we may be experiencing something new, outside that historical cycle, is that we are, after all, told by this administration that the war footing upon which he has tried to place the country is going to last, in their phrase, for the rest of our lives. And so we are told that the conditions of national threat that have been used by other presidents to justify arrogations of power will in this case persist in near perpetuity. Third, we need to be keenly aware of the startling advances in the sophistication of eavesdropping and surveillance technologies with their capacity to easily sweep up and analyze enormous quantities of information and then mine it for intelligence. And this adds significant vulnerability to the privacy and freedom of enormous numbers of innocent people at the same time as the potential power of those technologies grows. Those technologies do have the potential for shifting the balance of power between the apparatus of the state and the freedom of the individual in ways that are both subtle and profound. Dont misunderstand me. The threat of additional terror strikes is real and the concerted efforts by terrorists to acquire weapons of mass destruction does indeed create a real imperative to exercise the powers of the executive branch with swiftness and agility. Moreover, there is an in fact an inherent power conferred by the Constitution to any president to take unilateral action when necessary to protect the nation from a sudden and immediate threat. And it is simply not possible to precisely define in legalistic terms exactly when that power is appropriate and when it is not. But the existence of that inherent power cannot be used to justify a gross and excessive power grab lasting for many years and producing a serious imbalance in the relationship between the executive and the other two branches of government. And there is a final reason to worry that we may be experiencing something more than just another cycle. This administration has come to power in the thrall of a legal theory that aims to convince us that this excessive concentration of presidential power is exactly what our Constitution intended. This legal theory, which its proponents call the theory of the unitary executive but which ought to be more accurately described as the unilateral executive, threatens to expand the presidents powers until the contours of the Constitution that the framers actually gave us become obliterated beyond all recognition. Under this theory, the presidents authority when acting as commander in chief or when making foreign policy cannot be reviewed by the judiciary, cannot be checked by Congress. And President Bush has pushed the implications of this idea to its maximum by continually stressing his role as commander in chief, invoking it as frequently as he can, conflating it with his other roles, both domestic and foreign. And when added to the idea that we have entered a perpetual state of war, the implications of this theory stretch quite literally as far into the future as we can imagine. This effort to rework Americas carefully balanced constitutional design into a lopsided structure dominated by an all-powerful executive branch, with a subservient Congress and subservient judiciary, is ironically accompanied by an effort by the same administration to rework Americas foreign policy from one that is based primarily on U.S. moral authority into one that is based on a misguided and self-defeating effort to establish a form of dominance in the world. And the common denominator The common denominator seems to be based on an instinct to intimidate and control. The same pattern has characterized the effort to silence dissenting views within the executive branch, to censor information that may be inconsistent with its stated ideological goals and to demand conformity from all executive branch employees. For example, CIA analysts who strongly disagreed with the White House assertion that Osama bin Laden was linked to Saddam Hussein found themselves under pressure at work and became fearful of losing promotions and salary increases. Ironically, that is exactly what happened to the FBI officials in the 1960s who disagreed with J. Edgar Hoovers assertion that Martin Luther King was closely connected to communists. The head of the FBIs domestic intelligence division testified that his effort to tell the truth about Dr. Kings innocence of the charge resulted in he and his colleagues becoming isolated within the FBI and pressured. And I quote: It was evident, he said, that we had to change our ways or we would all be out on the street. The men and I, he continued, discussed how to get out of trouble. To be in trouble with Mr. Hoover was a serious matter. These men, he continued, were trying to buy homes, mortgages on homes. They had children in school. They lived in fear of getting transferred, losing money on their homes, as they usually did. So they wanted another memorandum written to get us out of the trouble that we were in. The Constitutions framers, who studied human nature so closely, understood this dilemma quite well. As Alexander Hamilton put it, A power over a mans support is a power over his will. In any case, quite soon there was no more difference of opinion about Dr. King within the FBI, and the false accusation became the unanimous view. And in exactly the same way, George Tenets CIA eventually joined in endorsing a manifestly false view that there was a linkage between Al Qaida and the government of Iraq. In the words of George Orwell, We are all capable, he said, of believing things which we know to be untrue and then, when we are finally proved wrong, impudently twisting the facts so as to show that we were right. Intellectually, it is possible to carry on this process for an indefinite time. The only check on it is that, sooner or later, a false belief bumps up against solid reality, usually on a battlefield. Two thousand two hundred American soldiers have lost their lives as this false belief bumped into a solid reality. And indeed, whenever power is unchecked and unaccountable, it almost inevitably leads to gross mistakes and abuses. That is part of human nature. In the absence of rigorous accountability, incompetence flourishes, dishonesty is encouraged and rewarded. It is human nature, whether for Republicans or Democrats or people of any set of views. Last week, for example, Vice President Cheney attempted to defend the administrations eavesdropping on American citizens by saying that, if it had conducted this program prior to 9/11, they would have found out the names of some of the hijackers. Tragically, he apparently still does not know that the administration did, in fact, have the names of at least two of the hijackers well before 9/11 and had available to them information that could have led to the identification of most of the others. One of them was in the phone book. And yet, because of incompetence, unaccountable incompetence in the handling of the information, it was never used to protect the American people. It is often the case, again, regardless of which party might be in power, that an executive branch beguiled by the pursuit of unchecked power responds to its own mistakes by reflexively proposing that it be given still more power. Often the request itself is used to mask accountability for mistakes in the use of power it already has. Moreover, if the pattern of practice begun by this administration is not challenged, it may well become a permanent part of the American system. That is why many conservatives have pointed out that granting unchecked power to this president means that the next will have unchecked power as well. And the next may be someone whose values and beliefs you do not trust. And that is why Republicans as well as Democrats should be concerned with what this president has done. If his attempt to dramatically expand executive power goes unquestioned, then our constitutional design of checks and balances will be lost. And the next president or some future president will be able in the name of national security to restrict our liberties in a way the framers would never have imagined possible. This same instinct to expand power and establish dominance has characterized the relationship between this administration and the courts and the Congress. In a properly functioning system, the judicial branch would serve as the constitutional umpire to ensure that the branches of government observe their proper spheres of authority, observed civil liberties, adhere to the rule of law. Unfortunately, the unilateral executive has tried hard to thwart the ability of the judiciary to call balls and strikes by keeping controversies out of its hands, notably those challenging its ability to detain individuals without legal process by appointing judges who will be deferential to its exercise of power and by its support of assaults on the independence of the third branch. The presidents decision, for example, to ignore the FISA law was a direct assault on the power of the judges who sit on that court. Congress established the FISA Court precisely to be a check on executive power to wiretap. And yet, to ensure that the court could not function as a check on executive power, the president simply did not take matters to it. And did not even let the court know that it was being bypassed. The presidents judicial appointments are clearly designed to ensure the courts will not will not serve as an effective check on executive power. As we have all learned, Judge Alito is a long-time supporter of a powerful executive, a supporter of that so-called unitary executive. Whether you support his confirmation or not and I respect the fact that some of the co-sponsors of this event do; I do not but whatever your view, we must all agreethat he will not vote as an effective check on the expansion of executive power. Likewise, Chief Justice Roberts has made plain his deference to the expansion of executive power through his support of judicial deference to executive agency rulemaking. And the administration has also supported the assault on judicial independence that has been conducted largely in Congress. That assault includes a threat by the majority in the Senate to permanently change the rules to eliminate the right of the minority to engage in extended debate of the presidents nominees. The assault has extended to legislative efforts to curtail the jurisdiction of the courts in matters ranging from habeas corpus to the pledge of allegiance. In short, the administration has demonstrated a contempt for the judicial role and sought to evade judicial review of its actions at every turn. But the most serious damage in our constitutional framework has been to the legislative branch. The sharp decline of Congressional power and autonomy in recent years has been almost as shocking as the efforts by the executive to attain this massive expansion of its power. I was elected to the Congress in 1976. Served eight years in the House, eight in the Senate, presided over the Senate for eight as vice president. Before that, as a young man, I saw the Congress firsthand as the son of a senator. My father was elected to Congress in 1938 10 years before I was born and left the Senate after I had graduated from college. The Congress we have today is structurally unrecognizable compared to the one in which my father served. There are many distinguished and outstanding senators and congressmen serving today. I am honored to know them and to have worked with them. But the legislative branch of government as a whole, under its current leadership, now operates as if it were entirely subservient to the executive branch. It is astonishing to me and so foreign to what the Congress is supposed to be. Moreover, too many members of the House and Senate now feel compelled to spend a majority of their time not in thoughtful debate on the issues but, instead, raising money to purchase 30-second television commercials. Moreover, there have now been two or three generations of congressmen who dont really know what an oversight hearing is. In the 70s and 80s, the oversight hearings in which my colleagues and I participated held the feet of the executive branch to the fire no matter which party was in power. And, yet, oversight is almost unknown in the Congress today. The role of the authorization committees has declined into insignificance. The 13 annual appropriations bills are hardly ever actually passed as bills anymore. Often, everything is lumped into a familiar single giant measure that sometimes is not even available for members of Congress to even read before they vote on it. Members of the minority party are now routinely excluded from conference committees, and amendments are routinely disallowed during floor consideration of legislation. In the United States Senate, which used to pride itself on being the greatest deliberative body in the world, meaningful debate is now a rarity. Even on the eve of the fateful vote to authorize the invasion of Iraq, Senator Robert Byrd famously asked, Why is this chamber empty? In the House of Representatives, the number who face a genuinely competitive election contest every two years is typically less than a dozen out of 435. And too many incumbents have come to believe that the key to continued access to the money for re-election is to stay on the good side of those who have the money to give. And, in the case of the majority party, the whole process is largely controlled by the incumbent president and his political organization. So the willingness of Congress to challenge the executive branch is further limited when the same party controls both Congress and the administration. The executive branch time and again has co-opted Congress role. And too often Congress has been a willing accomplice in the surrender of its own power. Look, for example, at the congressional role in overseeing this massive, four-year eavesdropping campaign that, on its face, seemed so clearly to violate the Bill of Rights. The president says he informed Congress. What he really means is that he talked with the chairman and ranking member of the House and Senate intelligence committees and, sometimes, the leaders of the House and Senate. This small group, in turn, claims they were not given the full facts, though at least one of the committee leaders handwrote a letter of concern to the vice president. And, though I sympathize with the awkward position, the difficult position in which these men and women were placed, I cannot disagree with the Liberty Coalition when it says that Democrats as well as Republicans in the Congress must share the blame for not taking sufficient action to protest and seek to prevent what they consider a grossly unconstitutional program. Many did. Moreover, in the Congress as a whole, both House and Senate, the enhanced role of money in the re-election process, coupled with the sharply diminished role for reasoned deliberation and debate, has produced an atmosphere conducive to pervasive institutionalized corruption that some have fallen vulnerable to. The Abramoff scandal is but the tip of a giant iceberg threatening the integrity of our legislative branch of government. And it is the pitiful state of our legislative state which primarily explains the failure of our vaunted checks and balances to prevent the dangerous overreach by the executive branch now threatening a radical transformation of the American system. I call upon members of Congress in both parties to uphold your oath of office and defend the Constitution. Stop going along to get along. Start acting like the independent and co-equal branch of American government that you are supposed to be under the Constitution of our country. But there is yet another player. There is yet another constitutional player whose faults must also be taken and whose role must be examined in order to understand the dangerous imbalance that has accompanied these efforts by the executive branch to dominate our constitutional system. We the people, collectively, are still the key to the survival of Americas democracy. We must examine ourselves. We, as Lincoln put it, even we here must examine our own role as citizens in allowing and not preventing the shocking decay and hollowing out and degradation of American democracy. Its time to stand up for the American system that we know and love. It is time to breathe new life back into Americas democracy. Thomas Jefferson said, An informed citizenry is the only true repository of the public will. America is based on the belief that we can govern ourselves and exercise the power of self-government. The American idea proceeded from the bedrock principle that all just power is derived from the consent of the governed. The intricate and finally balanced system, now in such danger, was created with the full and widespread participation of the population as a whole. The Federalist Papers were, back in the day, widely read newspaper essays. And they represented only one of 24 series of essays that crowded the vibrant marketplace of ideas in which farmers and shopkeepers recapitulated the debates that played out so fruitfully in Philadelphia. And when the convention had done its best, it was the people in their various states that refused to confirm the result until, at their insistence, the Bill of Rights was made integral to the documents sent forward for ratification. And it is we the people who must now find once again the ability we once had to play an integral role in saving our Constitution. And here there is cause for both concern and for great hope. The age of printed pamphlets and political essays has long since been replaced by television, a distracting and absorbing medium which seems determined to entertain itself more than it informs and educates. Lincolns memorable call during the Civil War is now applicable in a new way to our present dilemma: We must disenthrall ourselves, he said, and then we shall save our country. Forty years has passed since the majority of Americans adopted television as their principal source of information. And its dominance has now become so extensive that virtually all significant political communication now takes place within the confines of flickering 30-second advertisements, and theyre not The Federalist Papers. The political economy, supported by these short but expensive television ads, is as different from the vibrant politics of Americas first century as those politics were different from the feudalism which thrived on the ignorance of the masses of people in the Dark Ages. The constricted role of ideas in the American political system today has encouraged efforts by the executive branch to believe it can and should control the flow of information as a means of controlling the outcome of important decisions that still lie in the hands of the people. The administration vigorously asserts its power to maintain secrecy in its operations. After all, if the other branches dont know whats happening, they cant be a check or a balance. For example, when the administration was attempting to persuade Congress to enact the Medicare prescription drug benefit, many in the House and Senate raised concerns about the cost and design of the program. But rather than engaging in open debate on the basis of factual data, the administration withheld facts and actively prevented the Congress from hearing testimony that it had sought from the principal administration expert who had the information showing in advance of the vote that indeed the true cost estimates were far beyond the numbers given to Congress by the president. And the workings of the program would play out very differently than Congress had been told. Deprived of that information, and believing the false numbers given to it, instead the Congress approved the program and, tragically, the entire initiative is now collapsing all over the country, with the administration making an appeal just this weekend asking major insurance companies to volunteer to bail it out. But the American people, who have a right to believe that its elected representatives will learn the truth and act on the basis of knowledge and utilize the rule of reason, have been let down. To take another example, scientific warnings about the catastrophic consequences of unchecked global warming were censored by a political appointee in the White House with no scientific training whatsoever. Today one of the most distinguished scientific experts in the world on global warming, who works in NASA, has been ordered not to talk to members of the press; ordered to keep a careful log of everyone he meets with so that the executive branch can monitor and control what he shares of his knowledge about global warming. This is a planetary crisis. We owe ourselves a truthful and reasoned discussion. One of the other ways the administration has tried to control the flow of information has been by consistently resorting to the language and politics of fear in order to short-circuit the debate and drive its agenda forward without regard to the evidence or the public interest. President Eisenhower said this: Any who act as if freedoms defenses are to be found in suppression and suspicion and fear confess a doctrine that is alien to America. Fear drives out reason. Fear suppresses the politics of discourse and opens the door to the politics of destruction. Justice Brandeis once wrote, Men feared witches and burnt women. The founders of our country faced dire threats. If they failed in their endeavors, they would have been hung as traitors. The very existence of our country was at risk. Yet in the teeth of those dangers, they insisted on establishing the full Bill of Rights. Is our Congress today in more danger than were their predecessors when the British army was marching on the Capitol? Is the world more dangerous than when we faced an ideological enemy with tens of thousands of nuclear missiles ready to be launched on a moments notice to completely annihilate the country? Is America really in more danger now than when we faced worldwide fascism on the march, when the last generation had to fight and win two world wars simultaneously? It is simply an insult to those who came before us and sacrificed so much on our behalf to imply that we have more to be fearful of than they did. And yet they faithfully protected our freedom and now its up to us to do the very same thing. We have a duty as Americans to defend out citizens rights not only to life but also to liberty and the pursuit of happiness. It is therefore vital in our current circumstances that immediate steps be taken to safeguard our Constitution against the present danger posed by the intrusive overreaching on the part of the executive branch and the presidents apparent belief that he need not live under the rule of law. I endorse the words of Bob Barr when he said, and I quote, The president has dared the American people to do something about it. For the sake of the Constitution, I hope they will. A special counsel should be immediately appointed by the attorney general to remedy these obvious conflicts of interest that prevents them from investigating what many believe are serious violations of law by the president. Weve had a fresh demonstration of how an independent investigation by a special council with integrity can rebuild confidence in our system of justice. Patrick Fitzgerald has, by all accounts, has shown neither fear nor favor in pursuing allegations that the executive branch has violated other laws. Republican as well as Democratic members of Congress should support the bipartisan call of the Liberty Coalition for the appointment of this special counsel to pursue the criminal issues raised by the warrantless wiretapping of Americans by the president. And it should be a political issue in any race, regardless of party, section of the country, house of Congress, or anyone who opposes the appointment of a special counsel under these dangerous circumstances when our Constitution is at risk. Secondly, new whistleblower protection should immediately be established for members of the executive branch who report evidence of wrongdoing, especially where it involves abuse of authority in the sensitive areas of national security. Third, both houses of Congress should, of course, hold comprehensive and not just superficial hearings into these serious allegations of criminal behavior on the part of the president. And they should follow the evidence wherever it leads. Fourth, the extensive new powers requested by the executive branch in its proposal to extend and enlarge the Patriot Act should under no circumstances be granted unless and until there are adequate and enforceable safeguards to protect the Constitution and the rights of the American people against the kinds of abuses that have so recently been revealed. Fifth, any telecommunications company that has provided the government with access to private information concerning the communications of Americans without a proper warrant should immediately cease and desist the their complicity in this apparently illegal invasion in the privacy of American citizens. Freedom of communication is an essential prerequisite for the restoration of the health of our democracy. It is particularly important that the freedom of the Internet be protected against either the encroachment of government or efforts at control by large media conglomerates. The future of our democracy depends on it. In closing, I mention that, along with cause for concern, there is reason for hope. As I stand here today, I am filled with optimism that America is on the eve of a golden age in which the vitality of our democracy will be re-established by the people and will flourish more vibrantly than ever. Indeed, I can feel it in this hall. As Dr. King once said, perhaps a new spirit is rising among us. If it is, let us trace its movements and pray that our own inner being may be sensitive to its guidance, for we are deeply in need of a new way beyond the darkness that seems so close around us. Thank you very much.

Marty (1955 movie) Essay Example | Topics and Well Written Essays - 1000 words

Marty (1955 movie) - Essay Example Choosing a partner in life does not mean choosing who is the best looking amongst the people in town. The main purpose of the rules of self-disclosure is to give therapeutic rewards to people without over-exposing one’s personal life. When a person’s personal life is said to be over-exposed, that personal may feel a bit exploited and get pre-judged by people who barely knew them totally (Roes 22-26). According to Knapp, there are 5 stages of relationship development: 1) initiation, 2) experimenting, 3) intensifying, 4) integrating and 5) bonding. (Suresh, et al., 2) In that pattern, the initiation stage for Marty and Clara was when they had the dance after Clara was dumped by her date for the night. Though Marty got acquainted to Clara’s presence on the wrong note, he was able to make action and a better impression to Clara. Same goes for Clara that though she was crying and was embarrassed by what has transpired. The experimenting stage lasted for many hours that same night. From the Stardust Ballroom dance, they head over to a small luncheonette and further talked. There, they went further to the other stages of relationship development which is intensifying. According to Knapp, this is the stage where it is more of an informal setting in the relationship. Marty and Clara had a talk not about the past anymore but of what they would be doing in the next couple of days, weeks and even months. It is the scene where girls would giggle to see that not all pretty ladies get the better catch and not all good looking males are considered as good catch. It is also the goodness inside of a person that makes them beautiful and pleasant regardless of their outside appearance. They started disclosing more information about their personal life to the other as the other listen attentively as if they would miss information if they would blink. The night ended as Marty was talking Clara to move out of her

Sunday, July 28, 2019

THE ARTICLES AND THE MEMORANDUM FORM A CONTRACT BETWEEN THE COMPANY Essay

THE ARTICLES AND THE MEMORANDUM FORM A CONTRACT BETWEEN THE COMPANY AND ITS MEMBERS. DISCUSS WITH REFERENCE TO RELEVANT STATU - Essay Example In this regard, the law relative to the memorandum of association prior to the enactment of the Companies Act 2006 is relevant to this study. Suffice it to say for present purposes that the extent to which the articles and memorandum forms a contract between the members and the company are reflected by the functions of each document. The memorandum’s functions have been altered, but its historical significance continue to be applicable as it has been resurrected and placed within the articles of association. Prior to the implementation of the Companies Act 2006, the memorandum defined the company’s external charter while the articles define the company’s internal charter. Ultimately, the memorandum and articles of association functioned together to determine the member’s commitment to the company’s goals and objectives and how the members will and can facilitate those goals and objectives. ... Instead of referring to the memorandum and articles of association, it merely attributes the contractual basis to the company’s constitution. Elsewhere in the 2006 Act, the company’s constitution is described as the articles of association. This essay analyses the contractual role of the articles and memorandum association in binding the members to company. I. The Memorandum of Association A. The Contractual Nature of the Memorandum of Association Prior to the Companies Act 2006 All UK companies are required to have a memorandum of association.5 Under the Companies Act 1985, the memorandum of association was required to specifically state the company’s objects and constitution.6 Recent reforms promulgated by the Companies Act 2006 have effectively reduced the memorandum of association to a mere shell of its former contractual significance. The current memorandum of association is no more than a simple instrument reflecting basic information such as the companyâ⠂¬â„¢s name, its registered office in the UK, share capital and shareholder liability. Even so, the memorandum of association has historical significance in that its main contractual basis has been transferred to the articles of association. Therefore the common law relative to the members’ commitment to the company’s objects under the memorandum of association are now relevant to the same commitment under the articles of association. Moreover, the share capital and limitation of liability as stated in the memorandum of association are also important parts of the members’ contractual relationship with the company that they form. Under the Companies Act 1985, the Memorandum of Association set out the objects of the company and the purposes for which it was formed.7 Section 2 also provides

Saturday, July 27, 2019

Multicultural Research Project education Paper Example | Topics and Well Written Essays - 1500 words

Multicultural Project education - Research Paper Example Many researchers explains that cultural diversity at workplaces is not very good for the faster growth as it tends to increase intercultural conflicts among the diverse personnel (Martin) . When culturally diverse individuals are put together to perform a given task, the difference in norms, perception of things culture, religion, opinions and other variables may hinder the development of unity. This problem does not just stop at there, difference in language brings a communication barrier. However, this difference in culture brings in a difference in how people see things. Different cultures have different ways of thinking and thus can analyze a matter at hand from different angles (Martin). This variation in experiences is beneficial to the organization as it provide a diverse base of knowledge to the organization. Secondly, as the business expands, the temptation to go across the border increases with availability of market. The diversity will help to overcome the language barrier. This gives the company an upper hand in capturing the available market (Martin). Going by these arguments, it is quite clear that the reasoning surrounds the overall effects on the organization performance resulting from the effect of diversity. It is for this reason that this research will try to investigate a fresh the demographic characteristics that contributes positively to the success of the organization and which ones are negative. I did a quick survey of five organizations with culturally diverse workforce and five others with relatively less diverse labor force. The organizations selected were from different countries but are in the same industry. Out of the five less diverse organizations, three admitted that they are experiencing problem in expansion to other countries because of their state and were considering diversity while one had already initiated the process of diversifying their labor force, the

Friday, July 26, 2019

History Coursework Example | Topics and Well Written Essays - 2500 words

History - Coursework Example Slaves were assigned a first name only, and after Reconstruction, many of them took on new names, as did Lewis Evans, who said â€Å"the white folks gave me a new name†. America missed the opportunity to create a multiracial society. First, Lincoln missed that chance by legitimizing pro-Union governments in the South that only allowed white men to vote. After Lincoln was assassinated, the new President, Andrew Johnson, took power. He was extremely racist, saying â€Å"Damn the negroes† (textbook, 474). As someone with a class chip on his shoulder, Johnson quickly returned the southern states to the Union, allowing them to enforce Black Codes of law that kept African Americans without property, and with very few legal rights. The former slave narratives include the story of Henry â€Å"Happy Day† Green, Sarah Gray, Lewis Evans and Measy Hudson. Henry Green reports that he voted. The right to vote was an important symbol of freedom. Sarah Gray’s voice did no t come through in the interview, perhaps because of the interviewer, Minnie Ross’s, condescending attitude: â€Å" [it gave] her as much pleasure as a child playing with a favorite toy†. All that Miss Ross seems to have found out is that Sarah Gray thought she was well-treated in slavery. Lewis Evans speaks of his house, and garden lot, his own land on which he raises a garden and chickens. This is important because along with his small pension, it provides his livelihood. Measy Hudson describes working as a laundress, being married and voting twice, all important parts of freedom. I think the slaves’ narratives are accurate when their actual words are faithfully recorded, because they were there, and experienced these events first-hand. ELECTIONS OF 1912 Roosevelt espoused Progressivism, which believed in reducing the power of giant trusts(corporations). Progressivism wanted to remove the influence of special interest groups to form a â€Å"pure democracy† where people had a more direct voice in the central government. He proposed to limit the power of the judicial system by allowing a popular vote or referendum to overturn court decisions. Wilson, a Democrat, espoused antitrust measures and state regulations to control the powers of giant trusts. He also espoused small government. Taft, the incumbent Republican President, espoused the protection of the judicial system from popular votes intended to overturn rulings. He believed that checks and balances were written into the constitution to prevent mass hysteria in governance. Taft believed in protection of the environment and safety standards for mines and railroads, as well as an 8-hour workday, all of which he put in place while president. Eugene V. Debs espoused the organization of workers into unions. He ran on the Socialist Party ticket and was one of the founding members of the International Labor Union. The outcome of the election, with Roosevelt’s victory, says that Americans wanted to have a more direct influence on their national government, and that many of them were in favor of the various reform movements of the time. WORLD WAR 1 PROPAGANDA The U.S. Food Administration sent the message in its propaganda posters to conserve food, especially meat. A poster for navy recruiting week listed the dates to attend. The president lent his image to say conserve food, as well as to say that we must conquer the enemy, and stay united in the war effort. The Armenian and Syrian Relief Campaign’

Thursday, July 25, 2019

How would you describe human personality Essay Example | Topics and Well Written Essays - 1250 words

How would you describe human personality - Essay Example ts, his own growth and development patterns, reactions and moods, his social encounters with the people around him– all these come together to help form his personality. This is how the book of Duane and Sydney Schultz (2005) view personality. The formation of one’s personality is dependent on many factors that may inter-relate or overlap. Personality traits are believed to be inherited. They may also be influenced by one’s environment. Personality traits may also be learned from experience or may be strongly molded by the parenting style one has been exposed to. Personality may also be affected by the changes we encounter in life. It is also controlled by conscious and unconscious processes. A person’s experiences leave imprints on his personality. For instance, well-adjusted, well-rounded and successful individuals often share a childhood marked by happy memories and nurturing relationships with family and friends. Bitter, angry and cold people are most likely victims of a bleak childhood filled with disappointments and hurtful relationships. These personal views on personality were influenced by my exposure to the Psychoanalytical theories of Freud, Jung and Erikson. I found it fascinating, albeit complicated. Some of the theories were shocking and mind-boggling, but upon further study and analysis, I realize that it made a lot of sense, especially in explaining how a person comes to be. The Psychoanalytic theory is premised on the belief that human nature is greatly affected by a person’s early childhood experiences and conflicts between impulses and prohibitions. Sigmund Freud’s views human behavior as determined by irrational forces, unconscious motivations and biological and instinctual drives evolving in the first six years of life. According to Freud, there are two levels of personality: the conscious corresponds to its ordinary everyday meaning; the unconscious is the invisible portion of personality below the surface. (Schultz

Wednesday, July 24, 2019

Do violent video games lead to violent behaviour among young people Essay

Do violent video games lead to violent behaviour among young people - Essay Example One of the reasons stated for this good fortune is the fact that the game Call of Duty: Modern Warfare II topped Amazons best sellers list for the first time in 2009. Most people play video games because they are fun and challenging but research shows that for children, certain types of video games can lead to aggression and often violence. This violence can be towards other children or it can evolve into other forms of violence. As an example, the game, "Grand Theft Auto has been criticized for teaching teenagers how to kill policemen. Studies show that the reason this happens is because teens become desensitized and find that killing the police is something natural after playing the game. Another example brings the researcher to school shootings. The shootings at Columbine high school in Littleton, Colorado took place because Eric Harris and Dylan Klebold were playing a version of the game Doom. Video games have been blamed for a variety of crimes. As this researcher began to study this trend, there were several questions that came to mind. Do video games really create crime? If so, what happens to create this problem and What is being done abo ut it? The literature on this topic is vast because it has been the topic of several studies, many books, and many magazine and newspaper articles. Most of this literature supports the idea that video games create aggression and over time, this aggression leads to violence. Aggression can be defined as any behaviour, be it physical, verbal, psychological or emotional, intended to cause physical, emotional or psychological injury to another human being (Kirsh, 2006 p. 10). In our society, this definition can be seen in many television programs whether they are cartoons, other childrens programs or general television shows. As an example, programs like CSI and Dexter continue to be very popular shows because people like the voyeuristic view they have of violence that these

Tuesday, July 23, 2019

North American Free Trade Agreement Essay Example | Topics and Well Written Essays - 500 words

North American Free Trade Agreement - Essay Example My parents often discussed NAFTA and when I was a student, I used to think how a bad political/trade decision can affect the people of the country. It created unsettling trends in Mexico and the expected broad-based dynamic growth did not materialize. Under the accord, Mexico fared poorly. Local companies went out business as they were unable to compete with cheap imports. Domestic investment decreased. All these issues are in the back of mind, and in whatever area that I am going to specialize, my concern shall be to guide the youngsters in Mexico, to shape their future well to enable them to contribute to the welfare of the country. A first-year college student is called a freshman. It is the beginning of the college experience for the student when he adjusts to the changed atmosphere in his life and new decisions and struggles await him. This is the period of transition and the impending stresses can affect one’s emotional world. Some of the senior students taunt us as novi ces, in good humor though! I take their affronts lightly with the hope that we too will become seniors soon to have the pleasurable experience of challenging the freshmen! The important asset before a combustible youngster today is the laptop. One thinks that the entire world is before him, as he can access information on any topic up to any range to advance knowledge. Today I sit at the computer as a freshman. I look forward to the times when I will challenge the computer with my knowledge as the fully qualified computer engineer. The sky is the limit as for careers for computer engineers. Apart from competitive salaries, they get ample opportunities for their creativity and advancement of knowledge through research. Many specialized branches exist for the budding computer engineer, most importantly in the fields of telecommunications, software technology or digital hardware.

Inside the mind of a savant Essay Example for Free

Inside the mind of a savant Essay Treffert and Christensen’s article (2005), touches on the important and curious issue: the differences among humans. It is not to hide that jealous and curious species desire to possess what others possess and desire to know how it is possible. The description of savant individual, Kim Peek, leaves the readers wonder about the possibilities that have a mere possibility and right to existence. These authors begin their article with a concrete description of what does it mean to be savant. Their description is well poised and not an eggeduration. They, straightforwardly, describe the concrete features that Kim had without forgetting to mention that Kim also has serious physical disabilities. Kim’s listed abilities are though impressive. I do not know a person who would think twice to have what Kim had – but knot with the price that Kim had to pay. Enduring difficult attitude from others or enduring physical differences are quite different things. Kim endured physical differences that simply made him more different. Now, when he is a grown man (and way into his 50th), researchers took a serious interest in him due to the uniqueness of his case. The authors mentioned in the article that, even in childhood, Kim was missing Corpus Colossum, the connecting neural network that connects left and right human hemispheres. The writers write, â€Å"Yet in people whose corpus callosum has been severed in adulthood, generally in an effort to prevent epileptic seizures from spreading from one hemisphere to the other, a characteristic split-brain syndrome arises in which the estranged hemispheres begin to work almost independently of each other. † This statement, by itself, points out at the materialistic approach that without the synaptic connections between the right and left hemisphere the connection between right and left hemisphere is impossible. There were some ‘guesses’ among the appropriate researchers but no one wanted to mention a possibility that that here is a hidden purpose behind such appearances. The authors conjecture lies within a science fiction, however plausible. They wrote that the person born without corpus collossum learn to connect right and left hemisphere with the non-traditional ways. Their hypothesis consists of an idea that two separated hemispheres learn to act as one, in unison. One major point that the authors noticed was that the ‘abnormalities’ stem form the damage in the left hemisphere only. Furthermore, the suggested that males, per ce, display more frequent number of cases of savanism, stuttering, dyslexia, and autism. Their response to this theory was straightforward: one possible explanation lies within the fetus development in which they suggest that the make fetus has higher levels chemically dependent and left-brained situation. In to this hypothesis the understanding that the left hemisphere develops with a slower rate than that of right has a big part of their study. To evidence the above, the authors use the examples of so called â€Å"acquired savant syndrome† which is resulted in older children after the accidental damage to the left hemisphere. Further, the article speculates upon the implication of the significance behind the corpus collossum. One possibility includes a rationale, which suggests that, the possibility of the right brain compensation if the left-brain cannot function properly. Another possibility makes the readers think that inability to function within one hemisphere unravels the latent ability in another. The latter theory suggests that the left-brain dominance is due to the fact that we live in the techno logical society that prizes the left-brain achievements. Thus, the function of the left-brain, which is prone to science, math, and logic, leads us to what we call Human Rational, the human species that uses conscious analogies in their day-to-day operations (Read, 1997). The dysfunction of the left hemisphere all of the sudden opens new possibilities hidden and latent within the right hemisphere that holds the key to what we call today Human Conscious. It is of interest to the readers that traditional intelligence tests did not really work with the above subject: some parts showed below average while other superior range performance. In another excursion into the case, the authors noted Kim’s unusual versatility with a tremendously large lexicon of vocabulary in his possession. With Kim’s inability to explain the meaning behind the proverbs he finds amazing associations and is being quite effective in long-term memory recall. Such has been evidenced by his unusual abilities dealt with music, as per complex line up of tones and musical styles as well as the names and works of various artists. Here, and despite his dexterous prior complications, he can seat at piano and play a piece he had discussed â€Å"shifting effortlessly from one mode to another. † Even Greehan, the Mozart scholar commented positively about Kim’s abilities. In summary, the authors, refer to the fictional Rain Man produced after Kim’s life story, although the the writer Barry Morrow decided not to outline Kim’s life story. Similarities are striking, however, and cause one is thinking about not-discovered human abilities. References Darold A. Treffert and Daniel D. Christensen (2005). Onside the mind of a savant. Scientific American. Retrieved July 22, 2007 from http://www. condition. org/sa5c. htm Read, S. G. (Ed. ). (1997). Psychiatry in Learning Disability. Edinburgh: W. B. Saunders. Retrieved July 24, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=100737215.

Monday, July 22, 2019

The Lemba Clan, Are They Real Jews Essay Example for Free

The Lemba Clan, Are They Real Jews Essay Introduction Walking through the Venda Plaza shopping center in Thohoyandou, South Africa, R dai ae ta a ad a tm ,T aioe f Jws bo e . Gv g i a uznw vdo m n n si o eâ€Å" hts n o my e i rt r† i n h d h hs i m pzl ytn i e l kh ep i dâ€Å"a a l k e . cm f m I al l gi e uz d ei r ud o ,e xln ,Im Ba Jw We a er s eao t e tg o ae c o r n m aoT e hv poe iwt gns N t nowing what to say and not having heard about this g. hy ae rvdt i ee. o k h † before, I let his statement pass. My time in South Africa was devoted to working with a victim empowerment program, but I continued to wonder about the idea of Black Jews. The Black Jew or Lemba population creates a blip on a cultural map of sub-Saharan Africa. When researchers discovered and studied them over the last fifteen years, the Lemba also made a blip on the genetic map of sub-Saharan Africa. Genetic analysis of the Lemba has focused primarily on the Y chromosome, which is useful for studying variation among and distance between populations. The Lemba genetic markers support the oral tradition which says the Lemba came from the north. This paper reviews biological and cultural studies of the Lemba and the correlation between genes and oral tradition to propose a biocultural history for the Lemba people. Biology Genetic Variation across Populations Much of the study of genetic variation has focused on dissimilarity between groups. Genetic variation over time is used to postulate about the place and time of the origins of modern humans as well as subsequent movement and migration. Genetic variation is the greatest in Africa, and it is reasoned that the longer a group has been around, the more variation it will have in its gene pool. Additionally, the longer groups are apart, the greater their genetic distance (Cavalli-Sforza and Cavalli-Sforza, 1995). Maps of variation show migrations out of, around, 1 and back in to Africa (Cavalli-Sforza and Cavalli-Sforza, 1995). Based on comparison of genetic landscapes, maps by Cavalli-Sforza and Cavalli-Sforza (1995) show the arrival of Neolithic cultivators in northern Africa 8,000 to 9,000 years ago. The migration of people continues down the eastern side of Africa, with groups mixing and moving. According to Cavalli-Sforza and Cavalli-Sforza (1995), the Bantu arrived in South Africa 300 to 400 years ago, and the archaeological and linguistic data support the history of Bantu expansion. Cavalli-Sforza’t e o py gnt r aosi a gnr e t og ae g sr s f hl eece t nh s r ee t h uh vr e e o i li p e ad r a linkage analysis. Synthetic maps are produced from principle-component analysis of multiple gene frequencies. MacEachern (2000), however, criticizes Cavalli-Soz’sn eio gns fr s yt s f ee a h s and language for its assumptions about the nature of language and groups and its lack of cni r i o t d e i o hm n oii . A r a e n ui a ntone, os e t n fh i rt f u a sc ts â€Å" fcn t i n s r obudd d ao e v sy ee i hc t e homogeneous monoliths either frozen in place since before A. D. 1492 or caroming around the continent like cultural-ba n b lr bl†MaE ce ,00 7) G nr sn ec as er g ii d as ( c ahr 20: 0. ee lyt t m p i la l n 3 a hi provide a visual representation of variation, but they do not show how the variation came to exist nor do they reveal anomalies. The Lemba are an anomaly in the genetic patterns of Southern Africa. Variation and the Y Chromosome The primary genetic research on the Lemba has used the Y chromosome for comparison with other groups. The Y chromosome has many characteristics that make it favorable for investigating lineage. Almost all of the Y chromosome consists of non-recombining regions and the information is passed intact from generation to generation, from father to son. The variations, called polymorphisms, occur so infrequently that they are commonly called unique event polymorphisms (UEPs) (Stumpf and Goldstein, 2001). UEPs occur along male lines in 2 different time intervals, thus the changes can be compared between and among groups to examine relatedness and age by identifying variations (Bradman and Thomas 1998). More changes on the Y indicate an older line, and more shared sequences between Ys indicate a more similar gene pool. Once thought of as mainly junk, researchers have identified 20 different genes on the Y (Lowenstein, 1999). The function of Y is related to imparting maleness and to fertility (see figure 1). Figure 1: The human Y chromosome (Quintana-Murci et al. , 2000:173) Because most of the Y does not recombine, the Ycrm sm ise a a ui r tl ho oo es en s â€Å"n a n l p e ay t nm tdi ae ru† r s ie l kg gop which allows the history of the paternal line to be deduced (Poloni et a t n al. , 1997: 1015). The non-recombining section of the Y has the potential for a large number of different mutations (Stumpf and Goldstein, 2001). Because most variation in the Y is not expressed, changes are not selected for or against, which allows the record of these changes gets passed on (Bradman and Thomas, 1998). Four types of changes can occur between generations: microsatellites, minisatellites, snips and indels (Bradman and Thomas, 1998). Microsatellites are a section of repeats of a short 3 nucleotide sequence and minisatellites are a section of repeats of longer sequences. Snips refers to single nucleotide polymorphisms, meaning one nucleotide is changed. Indels are insertions or deletions of DNA in a particular location (Bradman and Thomas, 1998). An example of an indel is the Y chromosome Alu polymorphism (YAP). Alu is a sequence of about 300 base pairs which is inserted into a particular region of the DNA. There have been about half a million Alu insertions in human DNA and YAP is one of the more recent (Bradman and Thomas, 1998). Because they are unique event polymorphisms, YAP inserts and snips are unlikely to have arisen more than once in evolution (Thomas et al. 2000). An Alu can be copied, but it is not removed from a locus. After an Alu change, the YAP will accumulate new mutations at the same rate as surrounding DNA loci. One can think of an Alu insertion as a fossil, and patterns of new mutation allow the fossils to be sorted into lineages. (Dolan DNA Learning Center 2002). Different combinations of polymorphisms are known as haplotypes (Bradman and Thomas 1998). The more similar the haplotype frequencies of two populations, the more similar their biological history is likely to be (Bradman and Thomas 1998). Quintana-Murci, Krausz, and McElreavey caution that genetic drift, founder effects, and male-specific migration processes may lead to over-representation of specific haplotypes (2001). Genetic drift refers to random change in gene frequencies between generations which will cause frequencies to fluctuate up or down (Releford, 2003). After enough time and if no other forces are acting on a population, variation within a population will be reduced (Releford, 2003). The founder effect is a type of genetic drift where a small number of people form a new population, causing allele frequencies to deviate from the parent population (Releford, 2003). The Lemba Y 4 If Lemba migrated from Judea and Yemen and maintained the tradition of marrying only within the group, the Lemba Y haplotypes may be over-represented when compared to the neighboring populations. Thus, the Lemba Y is useful for comparison with African and Semitic populations their contribution to the Lemba. More genetic evidence of a non-Bantu origin for the Lemba is expected and found (Bradman and Thomas 1998). The Lemba Y has an additional genetic marker that indicates links to the Jewish priest class Cohen. Members cannot be appointed to this class and priesthood can only be inherited, thus a possible Jewish marker will be preserved down the line (Bradman and Thomas 1998; Cavalli-Sforza and Cavalli-Sforza 1995). Judaism began in Semitic tribes living about 4,000 years ago in the Middle East. In 586 B. C. , the Babylonian exile spread Jewish populations out of present-day Israel (Hammer et al. 2000). Hammer et al. (2000) used Y chromosome haplotypes to trace the parental origins of the Jewish Diaspora. Multi-dimensional scaling (figure 1 ) of frequencies of 18 Y-chromosome haplotypes in 29 populations produced three main clusters: sub-Saharan African, North African, and European. 5 Figure 2: Multi-dimensional scaling from Hammer et al. (2000:6772) The Jewish cluster appears in between the European and North African population clusters. The Lemba population is set halfway between sub-Saharan African and Jewish clusters (Hammer et al. 2000). Genetic and geographic distances were not correlated for other Jewish populations, which supports a recent dispersal and subsequent isolation model. Hammer et al. conclude that â€Å" m j pro o N Yb ll d e i .. ae to a common Middle Eastern source a a r ot n f R ili i rt . t cs o i aec v sy r ppli svr t uad erao (00 74. h iue lo ea an c i s f ou t n ee lh sn ya g†20: 7) T i s sf frvl t g lm o ao a o s 6 s u ui a Jewish origins as well as for supporting old ties to the Middle East. Once populations dispersed from the Middle East, gene flow with surrounding populations was likely. The Lemba present genetic markers identified with Bantu and Semitic populations (Spurdle and Jenkins, 1996; Wilson and Goldstein, 2000). Wilson and Goldstein (2000) examined 66 markers on the X chromosome to study the effect of admixture of Bantu and Semitic populations on linkage disequilibrium. Recent mutations will tend to have more linkage d eu i i (D t n i o eoe ( l n n G l tn20)â€Å" h s n i n i qib u L )h wl l r nsWio ad o s i 00. T e i ic t s lr m a ld s de, g fa difference between partially linked and unlinked loci rules out substructure as the sole source of the LD in the Lemba . . . Ethiopian-Bantu differentiation is not sufficient to produce the d eu i i osre it L m a ( l n n G l tn20: 2.T e oc s ns i qib u be dn h e b†Wio ad o s i 00 3) h cnl i i s lr m v e s de, 9 uo that the Lemba LD has two sources: parental population and admixture. Another examination on the worldwide distribution of Y haplotypes (Poloni et al. , 1997) found a significant correlation between genetic and linguistic distances. The picture of genetic affinities places the Lemba not with other sub-Saharan African populations but with Afro-Asiatic populations (figure 2 ) indicating admixture or a different parent population from other subSaharan groups. 6 Figure 3: Multi-dimensional scaling from Poloni et al. (1997:1019) Spurdle and Jenkins (1996) also looked at Bantu-Semitic variations to establish genetic affinities and offer a model for the origin of the Lemba. Their study analyzed allele frequencies of Y-linked Restriction Length Fragment Polymorphisms (RLFPs). Ht4 is a typical Negroid haplotype and it is found in the Lemba sample at a frequency of . 20, which indicates significant Negroid male gene flow into the Lemba (Spurdle and Jenkins, 1996). Ht7, Ht8, and Ht11 are Caucasoid markers and the Lemba show high frequencies of these markers as well. These haplotypes seem to be typical of Jewish populations but also occur in Asiatic Indians, thus it is not possible to distinguish between Semitic and Asiatic Indian sources with these markers (Spurdle and Jenkins, 1996). The allele frequencies of the Lemba are significantly different from those of the Bantu-speaking Negroid population and the European population but not from those of the Jewish group. Spurdle and Jenkins (1996) conclude that 50% of the Lemba Y chromosomes analyzed appear to be of Caucasoid origin, and 36% appear to be of Negroid origin. 7. One possible method for distinguishing a Semitic origin, versus a general Middle Eastern origin, of the Lemba is to make comparisons with the Cohen modal haplotype, which is dominant in the Jewish priesthood (Thomas et al. , 1998). There are three castes of Jewish males: Cohanim, the paternally inherited priesthood; Leviim, non-Cohen members of the paternally defined priestly tribe of Levi; Israelites, all non-Cohen and non-Levite Jews (Thomas et al. , 1998). If the Lemba Y has Jewish origins, the Cohen modal haplotype is expected to be present. Thomas et al. (2000) continue the study of Bantu and Semitic markers in the Lemba adding the investigation of the Cohen modal haplotypes. Y chromosomes were analyzed for six microsatellites and six biallelic markers in the Lemba, Bantu, Yemini-Handramaut, YemeniSena, Sephardic Jews, and Ashkenazic Jews. The twelve polymorphic markers were characterized in multiple Jewish populations and identified single haplotypes (Thomas et al. , 2000). Genealogical trees were drawn based on microsatellite variation to explore possible origins of the Lemba Y chromosomes (Thomas et al., 2000). The trees can be used to assess whether each Lemba haplotype has a close genealogical relationship with one or more haplotypes in the other five populations. Trees for the individual haplotypes were drawn for each UEP group by measures of average squared distance and proportion of shared alleles (Thomas et al. , 2000). Thomas et al. (2000) designate 67. 6% of Lemba chromosomes as having a Semitic origin and the other 32. 4% to have a Bantu origin. The high frequency of the Cohen modal haplotype in the general Lemba population supports a Jewish contribution to Lemba gene pool found. The Cohen modal haplotype is observed only moderately in Ashkenazic and Sephardic Israelites, in a single Yemeni, and is present in a very low frequency in Palestinian Arabs (Thomas et al. , 2000). The genetic evidence is consistent with the Lemba oral history of Jewish origins in a population outside of Africa followed by admixture with Bantu neighbors. 8 Culture Oral tradition and Origins of Lemba The Lemba people claim ancient Jewish origins. According to oral history, they come from Judea, from whence they traveled to Sena. From Sena they crossed into Africa, moving down the coast, building great cities in Zimbabwe, and finally settling the northern part of South Africa. Additionally, the Lemba assert Jewish identity through their customs of food prohibitions, ritual slaughter of animals, and circumcision (Buijs, 1998; NOVA 1999; Parfitt 1992). These are not black people who have been recently converted to Judaism. Judaism is not a proselytizing faith thus conversion and intermarriage as an explanation for Jewish genes is unlikely (Cavalli-Sforza and Cavalli-Sforza, 1995). However, many groups across the world claim connections to lost tribes of Israel (Parfitt, 1992). Furthermore, the surge in Lemba Jewish identity is connected to political economy and other social circumstances in South Africa in the last fifty years (Buijs, 1998). The Lemba say they came from the North, possibly from Judea. Then they went to Sena, they crossed Pusela and came to Africa, where they broke the law of God and were scattered across African nations (NOVA, 1999). Parfitt (1992) located Sena in a remote valley of Southern Yemen. Parfitt reasons that Pusela is similar to the Masilah River, which they would have had to cross to get from Sena to the sea. The port town of Sayhut was used for Arab exploration of Africa. In Hadramaut, the valley where Sena is located, tribes have the same names as Lemba tribe names (NOVA, 1999; Parfitt, 1992). Genetic samples of Lemba and of people in the Hadramaut showed similar features as well as the Cohen modal haplotype (NOVA, 1999). Lemba Identity in South Africa 9 The Lemba live in Mozambique, Zimbabwe, and South Africa, but according to Buijs it is only in South Africa where one finds the belief of Jewish origins (1998). The Semitic identity was propagated by early white missionaries and colonial officials; their writings emphasized differences of the Lemba by comparison with European Jewish communities (Buijs, 1998). T ee ri supr d a e o o a ii tdn t (u s19: 1. u s19) o s hs w in spot â€Å"n t s f d t ci ty B i,98 6) B i (98 nt tg e h sn e i † j 6 j e that the Lemba were aware of their distinct cultural heritage prior to colonization, but when ethnic identity became important in Apartheid, the Lemba Cultural Association (LCA) became a m d mfrosut g peet a Jws H rae B i asr,T eniec ..n ei o cnt cn a r n dy e i e t . u s s t â€Å" h i s ne . O u r i s h ig j es st their Jewish heritage is a direct result of the struggle for resources, initially land and later civil sri j sit N r e Tasaln V na (98 6) Ietyi l i r i ad e c o , h ot r r vaad ed†19: 2. dn t n u n a a n ve b n e hn n 6 i, c d g c l ethnic identities, is not a static concept. Identity, especially during Apartheid, was tied to power. The Lemba Cultural Association was founded in the 1940s when Europeans were encroaching o r or s T e C polm d spr e u uai n tadh L m a i pr ne n e uc .h L A rc i e a ea tcl r d ty n t e b’ m ot c s e a a t l ei e s a identified the Lemba with a non-African community (Buijs, 1998). During Apartheid, literally meaning separation, people were classified by race: white, cl e,n b c. n’sc laaits e df e acri tt s cnet( e o r ad l k O e oi cpb ie w r e nd cod go h e ocp s od a s a li e i n e se Mandela 1994 for a first hand description of the Apartheid system). The Apartheid government, the white minority, knew that if black people were united, the white autonomy would be threatened. They instituted a Bantu education system that further classified blacks according to tribe and encouraged local identity and rule in hopes of keeping blacks divided (Mandela 1994). In the 1980s, as the white hold on power was becoming more and more challenged, the gvrm nc a d i eednhm l d† h h e stp uhhthy e sl oe etr t â€Å" dpneto e ns w i w r eu sc t t w r tl n ee n a c e a e ei 10 overseen by South Africa but the government no longer provided money or services to these areas. Lemba in Venda Vendaland was created and within these bounds were the Lemba. Before the independent hm l diw saoalfrBak e s ti n f t m e e ad e e o e n, a f r eo â€Å" l Jw †o d tyh sl s n b r a t v b c ei e v cognized as Lemba, because they were associated with whites and considered superior to other Blacks. However, in t â€Å" l k o e n,w e b cseu t io n oe m n ibcm m rf oalt h Ba hm l d hr l k stph r w gvr et tea e oe a r eo e c a † e a e n , v b be Black and not associated with whites. A highly placed civil servant in Venda government cm et â€Å" i t V na e e a etgop I t s dy w w rl h o m n d ‘ t h ed w w r n le ru. nh e as e e i t e wh e e i o e g -skinned .. . V nar t u l e sro uprl s . t C oe pol (a i,92 8. h h ed t a d si a otf pec s.. e hsn ep †Prt 19: ) T i e ee k a h e ft 7 s refers to the days of their arrival in southern Africa. At the beginning of the century, in spite of the dark skin, the Lemba were commonly called valungu – white men (Parfitt, 1992). The civil srate a e,‘ sog s vrt n ge j ti , y e g L m a os’matter . . . e nr r dâ€Å" l a ee h g osu f em bi a e b dent v m k A n yi s n n B tson sh g s rgi w ogiiar u do y e b oi n†19: ) T e ua so a t nst to g rn, s ti t tm L m a r i (92 7.h i a n t tb e g’ 7 status and identity of the Lemba has not been fixed and it has not always been Jewish. Proclaiming a form of Judaism is an event of the 19th century, but it does come from an o e cm la d eg u i n f ao (a i 19)â€Å" h L m a e e a a i l my l r o p ct r i osd ti t n Prt 92. T e e b si d prc a t d, i e li e ic i ft z tu r h and used it as a means of ridding themselves of a rather ancient ambiguity at a time when new ambiguities were being created every dy (a i,9225. T e e b igop i a†Prt 19:5) h L m as ru wt ft h particular traditional practices, and some say they are not a religious group but a cultural one (Sand, 2002). The Lemba culture today points to ancient Hebrew origins but some Lemba practice Christianity and Islam (Sand, 2002). The practices they do ascribe to ancient Jews would 11 not be identified as Judaism in the West, however they have adopted more Jewish traditions in recent years (Sand, 2002). Lemba today In post-Apartheid times, the Lemba identity is flourishing. They continue to have LCA meetings (Buijs 1998). Websites about their heritage and culture are published on the Internet. People in South Africa can identify themselves with whatever group or groups they please. About 80,000 Lemba live in the Venda area of the Limpopo Province in South Africa as well as the Johannesburg township of Soweto (Buijs, 1998; Sand, 2002). Lemba are also found in villages in the southwestern region of Zimbabwe (Buijs, 1998; Sand, 2002). In the Venda region, people speak TshiVenda. Another day when Rudzani and I were walking through the shopping center, he called up to a man with a phrase I did not understand. With a twinkle in his eyes, he told me that was the traditional greeting for a Jewish brother. Again, I let that pass, thinking he could translate it to mean whatever he wanted since I did not know TshiVenda (a favorite joke of my friends there). In reflection and after research, I do not doubt the old Jewish ties and if I go back to South Africa, I will be sure to find out more. Conclusion The problem with constructing the history of the Lemba identity is that it has been passed down through oral tradition. When it was recorded at the turn of the twentieth century, it is possible the outside visitors were biased or projecting a Jewish identity on the Lemba. Genetic data support the oral tradition, and genetic research has identified anomalies in the Lemba population. Across the articles, the same information about the oral tradition and culture of the Lemba was offered. Ethnographic study of the Lemba traditions, not in contrast to Jews or other Africans, is needed to understand what being Lemba means today. Further research considering political 12 economy, as Buijs did, will continue to fill out the picture of constructions and projections of identity for the Black Jews of South Africa. 13 Works Cited Bradman N, and Thomas M. 1998. Why Y? The Y chromosome in the study of human evolution, migration, and prehistory. Science Spectra, 14. 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