Operant conditioning REPORT Essay Example | Topics and Well Written Essays - 250 words

Operant conditioning REPORT - Essay Example After continuous reinforcement, a positive behavior is picked out that increases the exhibition of desired behavior over time the behavior after conditioning. As a result, of the continuous use of food stimuli a positive behavior that encourages the bird to peck in the food dispenser is reinforced thus, the operant conditioning encourages timely intake of food by the bird (Nevid, 2009). The presence of food stimulus exposes an innate, often reflexive response by the bird. The experiment in the bird and laboratory apparatus undertakes a continuous reinforcement schedule that involves instigating a correct response of the bird to the food stimuli. Because operant conditioning is mainly influenced by the environment, it can be used in encouraging children to complete their homework in time for them to earn a reward from their teachers (Lefrancois, 2012). As a positive reinforce, operant conditioning involves the use of rewards to increase behavior change in the desired direction. In conclusion, operant conditioning remains relevant in behavior change in animals and people. The positive or negative reinforcement focuses on making the subject associate the pleasure or displeasure of the reinforcement with the behavior it has to change towards after the process. It therefore, encourages the exhibition of innate, often reflexive, response by the

Changing Trends in Indian Marriages

Changing Trends in Indian Marriages INTRODUCTION: Marriages are divine alliance between the two individuals and have to be maintained for the entire life. They portray a bond which unlike business should not be dissolved if any problem arises. Marriages on the other hand make it important to maintain heavenly relationships among the humans and promote peace and love. In this modern world, meaning of marriages has changed all throughout the people making more intense problems to maintain a good relationship among individuals. Even though there are some countries which still follow the traditional ways to make this heavenly bond, there are influences from the western societies and the minds of the people which cause the break-up in relationship and some problems which affect the entire society. In this essay, let us see the trends which have made some huge changes to the cultural marriages in India. The rich customs and cultural heritage in India make marriages a special occasion for the friends and relatives. The marriages in India have different varieties owing to the different religions that prevail in India. Every different religion has different wedding rituals, methods and way of celebrations. The common feature of Indian marriages is fun and excitement due to the gathering of friends and relatives. The developing India, has liked the changes that were brought to marriages from the recent past. In the olden days, there used to be many rituals and customs that take place in the marriages and the marriages were considered as a heavenly bond between the individuals and the families as whole. Traditionally, the approval by the elders of the families was considered more important than of the individuals. The trend that was prevalent among these Indian marriages is that of the dowry system. Main reasons for the plummeting trend of arranged marriages are that of the problems that are created by the dowry system which affects the entire society. This system demands material gifts from the family of brides for the exchange of the bridegrooms. This trend in this modern India has caused some deaths of the entire family or the bride because of the rising of the demands even after the marriages. Other trends which had caused some unrest in the society were that of the practice of Sati by the widow women and child marriages. According to the laws, practice of Sati is illegal in modern India but some cases have been reported. This practice of Sati resembled and was followed by the acts performed by Gods and Goddess depicted in the epic writings of Mahabharata. On the other hand, child marriages portray the suppression of choice of the individuals in the field of marriages. This was done in the early days to maintain the status of the upper caste families in marrying peoples from other castes or of religion. The existence of a society mainly depends on the customs and traditions of the people. These customs remains as a strong pillars in identifying a particular society. Without a tradition or a culture, the man will represent the primitive man from the jungle. This thought urges us to follow a tradition and culture to be respected and make a path of life for the people. The practice of arranged marriages was performed since the fourth century and it primarily was done to pass on the family tradition and culture from one generation to another. The concept of arranged marriages is liked by the majority of the people in India because the love marriages are not penetrated throughout India. The unlikeliness of love marriages is because it is considered against the Indian culture. Nowadays, both love marriages and arranged marriages are accepted in India. The Indian way of marriages is entirely different from the western way of a marriage where the main difference is the matter of choice of b ride or bridegrooms. In the western countries, the couples tend to live together before their marriage which will help them to understand each other in every aspect. But, In India, marriages are planned according to the factors of dowry, caste, age, order of birth among their siblings and the needs of the family to showcase their pride. This tradition which is followed in India causes in inequality to the communities and is also mistreating women in this modern world. About 90% of the Indian marriages are arranged and follow the old tradition of social rituals. Making the individuals in India marry within their caste system bounds them of choices for their likes and also oppresses the ability of women because of the dominant character of men. Marriages are a divine relationship between man and a woman which depends on love, trust and faith between each other. Marriages are celebrated as a festival by the both families to make the couples understand the tradition and value behind the relationship. Problems of Dowry System Treatment of women in India has been on a rise since 1920s before which the women were treated poorly and badly making the life tougher to lead. The change mainly occurred due to the modernisation and because of the laws introduced by the Indian government. Even nowadays, the countries in Middle East have restrictions for women to own land, or to come out of the houses. Even the modernisation of the life of people has not changed the aspects of the oppression of women in the world. In India, â€Å"dowry deaths†, different form of assault on women and â€Å"stove burnings† have become common in India. In India, even the family of a girl tend to show hatred owing to the financial struggle because of the dowry that the girl will bring to the family in the future. This also causes many families to choose unsuitable man for the girl who might have some problems in his health. In India, there are many factors which play an important part in requesting of dowry from the girls family. One of the factors is that of the age of the woman, which should be less if the dowry needs to be less and vice versa. Taking this into account, many families tend to marry the girls just after the girl reached 21 or 23. The gifts or the dowries that are requested from the bridegrooms perspective also depends on the boys study i.e. higher studies is equal to higher bribes(dowry). In India, dowries range from as little as $2000 to as high as $200,000 with some material gifts and jewels. If the girls family cannot stick on to the demands of the boys family, the bridegrooms family might not respect the girl and may exploit and treat her as a maid in the future or may result in dowry deaths. Dowry deaths in India are common and not taken serious by the governments or not bought in to notice. These dowry deaths may make way for the bridegroom to remarry requesting for a better dowry from the other family. The newlyweds in India are the ones who are subject to the â€Å"Dowry Dea ths†. This aspect of violence is skyrocketing due to the living costs and other rise in costs. According to an investigation, there were about 7000 deaths due to the dowry demanded from the brides family. Many deaths go un-noticed or reported due to the status of their family and because of the dominant nature of the bridegrooms family. Other common death prevalent among the Indian marriages due to the dowry systems is that of the â€Å"Stove-burnings†. These incidents occur due to the dowry issue or that of the hatred or misconduct with their wife. These are also classified as kitchen accidents but it is false in the real sense. The husbands who commit crime by killing their wife easily get away from law by bribing the police, judges and other people who serve as an evidence for that case. Most of these crimes go un-noticed in India because of the inequality for women. Taking into account the evil deeds of dowry system in India, government has proposed the dowry prohibition act in 1961 which punishes the person taking dowry for imprisonment and fine. If the demand of a particular person is proved in the court of justice, such person is subject to imprisonment for six months and a fine of $500. A Joint Family System Until the twelfth century, the Indian couples liked the principle of joint family structure and the concept was a main feature of Indian society. But, nowadays due to the urban influence, this principle started to fade out in many families. This system represents the main feature of the Indian society and had a good reputation for the society as whole. Even in many rural villages, this trend of joint family has been reduced to a great extent. The males in families are subject to leave their native to pursue higher education or for a lucrative job in the metros. The main reason that can be blamed for is that of the industrial growth in many countries which has led to this decline. Other reasons for this decline can also be stated to the increase in divorce rates and urban migration. The people who are financially sound, career oriented and who has the freedom to make their independent decision mainly contributed for this change in the joint family system. This decline in joint familie s has improved the bond between the couples in many cases and vice versa in some cases. In case of any misunderstanding between the couples have been easily solved if they were in a joint family or the situation could become worse and lead to deaths in other cases. Other important issue that arise in the Indian marriages is the age of women, where the concept of two people uniting together is side-lined. According to the marriage act of 1986, the idle age for marriages is below 18 for female and below 23 for males. This rule by the government has caused infertility and population growth in India. The population growth in the recent years has called the people of India to go in for a one-child per family policy. This is also a main cause for the gender equality prevailing in the country. Another reason for this gender gap can be pointed out to the act that made abortions legal but, illegal to sex selective abortions. The trend of Indian marriages are changing because of the immigrants who get to foreign countries for work and living. In the past, there were many cultural limitations as women getting separated from the own family system and moving to another system. This system allows the tradition of Indian marriages intact and keeps balance of the shift from immigrants in culture these days. Although there are some laws passed in the past to protect women from oppression or ill-treatment, these customs will still prevail as they are deeply rooted in the minds of people from India. Nowadays, the trend of marrying a person who is of other caste or other religion is getting common. These changes were mainly due to the social awareness and advancement of the society. These changes arose due to the approval of the love marriage decision which brings happiness to their sons or daughters life. Although, love marriages are accepted, the final result of the marriage turns out to be an arranged marriage by the approval of the elders in the family. The people of the orthodox family background still follow the tradition of marrying within the caste and religion. The love marriages which are not performed by the approval of the family members may lead to hatred of the each community and may turn in to a riot between the communities or families. Change of Surnames after marriage Another important aspect of marriages in India is that of the tradition of changing the surnames of the brides after the marriage. Even though this concept of changing the surnames portrays a male dominated India, it creates a strong feeling of love and togetherness among the couples and the family members. In Hindu mythology, it says that the unique family name brings a feeling of secure and love. It also says that the women are epitome of familys pride and respect and the replacement of the surname depicts the responsibility taken by her in sustaining and improving the familys name in the society. This change also expresses the sacrifice and obedience to the elders in the family. Its main aim is to show the status of the women and show that she belongs to that particular family. Man in the other hand secures his wife and children and leads a happy life in the society. This change helps in securing the family tradition for many generations to come. The women regain her maiden family name if she plans for a divorce from the husband which is the common system around the world. Due to the advancements in the society and the empowerment of women, this wonderful tradition is vanishing in many metros in India. This portrays the women values are on the rise and there are getting more secure in the society by being independent to make their decisions. Dissolution of marriage Divorce or dissolution of marriages has been a rare case in the Indian family history. The respect, values and public opinion have made this decision unfeasible in the past. Indian marriages are a sacred bond between the couples of two families and not just an agreement to stay together as liked by the elders in the family. Even in case of torture, pressure and stress from the husbands family or the husband himself have not caused any dissolution keeping in mind the difficulties that the woman has to face in the future. In Hindu culture, virginity of a woman is an important aspect of a marriage and guarded as a respectability of a woman. This makes it difficult for the women for a remarriage after her divorce. Owing to this entire problem a woman can face in the future, marriages nowadays are just a transfer of a female from one community to another. The sacred moments between the couples are missing and are just a relationship to share some aspects of life. Even though there is a change in shift of the culture, the Indian marriages are strong in every aspect and unlike that in western countries which are very fragile and break for silly reasons. The divorce rates are very rare in Indian society where only one in fifty couples apply for it when compared to four out of ten couples who go in for separation. The divorce rates in the urban India are on a rise owing to the advancements in the society. Government has also made the divorce and remarriage legal by law and have to apply for their separation before the court. The higher rate of divorce in the cities cannot say that the concept of life long marriages are in trouble, it only gives them the freedom to keep away from the unlike that pre vious generations accepted. The increases in rate of divorces only mean that people are ready to sacrifice their marriage for unsatisfactory relationships. The Muslim law of Sheriat says that it is legal for a Muslim to have multiple wives in India. The government has also recently approved the concept of homosexual marriages in India Conclusion Even though India is emerging in all the fields for improvement, its culture of showing inequality for women is still not changed in form of marriages. The dowry system, stove burnings, female foetus abortion ratio all state and remain as an evidence for the issue. Even though these factors are a hindrance to the emerging society, this tradition is important in every means to lead a decent life in India. The empowerment of women has given a new dimension for them to show their talents in many fields. The government has allotted 33% for the women to encourage their ability and prove that women in India are living in a modern era and not that of the times when they were not given permission to study or come out of their houses. This initiative from the government in the past has made India accept the first president after the regime of A.P.J.Abdul Kalam. Even though government has been giving many percentages for women, the tradition of arranged marriages wont change in the coming year s. The deed of arranged marriages is also related to the respect and pride got from the close family relatives and friends on regarding the marriage system. In India, almost 90% of the marriages are arranged and successful owing to these positive outcomes, people go by the traditional way of arranging the marriages. The practice of arranged marriages in India cannot be judged as a false idea because of the divorce rates in India are less than 5% of the total marriages and the society is optimistic about these outcomes.

Queen Elizabeth Essay -- essays research papers

Queen Elizabeth I Queen Elizabeth, the first, proved to be a very good and loyal monarch to England. She brought about many changes, both good and bad. On September 7, 1533 a baby girl came into the world. Back then many parents would have been greatly disappointed to have had a baby girl, rather then a boy. However these parents were glad by the birth of their first child together. These proud parents were the king and queen of England, King Henry VIII and Anne Boleyn. The girl child was named Elizabeth. The only reason for the birth of Elizabeth had been that she would have been male so that he could have been the heir to King Henry the VIII. It wasn’t until two years later that Henry realized he wasn’t going to get a healthy male heir from Anne Boleyn. She had miscarried twice before delivering a stillborn son. When Elizabeth was two her father had her mother beheaded for adultery and treason, this was just a way to rid himself of her rather then get a divorce. This was not Henry’s first wife; this was his second wife. His first wife had also born him a female child. He had divorced her in hopes that he would get an heir from Anne. With his first wife, Catherine, he had a daughter, which they named Mary. Between the time of Elizabeth’s mothers death and 1537 Henry married yet again. The woman was named Jane Seymour and she cared greatly for Elizabeth. She forced Henry to take Elizabeth back into the house, as it was, Elizabeth had been sent away for schooling and whatnot. In 1537 Elizabeth’s new stepmother, Jane Seymour, gave birth to a son, the birth of this son however brought about the death of Jane from bed fever. The child was named Edward. Once Edward had been born Elizabeth faded into the background, everyday receiving less and less attention. From the time Edward was born Elizabeth spent a lot of time with him. Growing up they were very close, they spent all of their spare time together. The only real time that the two of them were apart was when it came to schooling. She received her education under the famous scholar and humanist Roger Ascham. Under his guidance, Elizabeth studied Greek and Roman classics, read history and theology, and learned both classical and modern languages. She was considered extremely intelligent, and records say that, in her youth, she spoke six languages. In 1547 He... ...izabeth’s favorites, to whom she had given lucrative and much resented monopolies. By the turn of the century, even her admirers, such as Sir Walter Raleigh, said she was "a lady surprised by time". Queen Elizabeth had never married and had never born any children this brought about the nicknames such as Good Queen Bess, and The Virgin Queen. Oftentimes poets compared her to the Moon Goddess, to a Virgin and Fertility Goddess, the bringer of justice, and the cornerstone of the Empire. Painters portrayed her in impossible magnificence and with the symbols of peace, virtue, majesty, and truth. During Elizabeth’s reign there was a boom of the arts that would be impossible for almost any other period of English history to match. Edmund Spencer, Christopher Marlowe, William Shakespeare, and Ben Johnson are great names not only in English literature, but also in World literature. The English Renaissance was a highlight that appeared bloody, dark, and drear y. Elizabeth’s reign was and still is sometimes referred to as the Elizabethan Period. Shortly before Queen Elizabeth died on March 24, 1603, she designated James VI of Scotland as her successor.

Management and Organizational Bahaviour Essay

Q.No.1.â€Å"The major challenge Management faces today is living in a world of turbulence and uncertainitywhere new competitions arrive daily and competitive conditions change.† Explain with an example of any one product or service in the market . Validate your answer with research findings /stastical data . What measures can be taken to meet these challenges? Ans 1.A Challenge of Change The organizations and the individuals working in the organizations have a great challenge to deal with the change. The principle of dynamism and the theory of ‘Ignore and Perish, Change and Cherish’ have come to stay and the organizations have to respond positively to the changing environment. The challenge of change demands that the organizations become more transparent and open and the employees are given more autonomy. The institutions have to more concentrate on the quality of its people than product. The wind of change is affecting the organizations all over,from north to south and from east to west. Managers must create a new organizational space where those (new) capabilities can be developed. There are three possible ways to do that. Managers can * create new organizational structures within corporate boundaries in which new processes can be developed, * spin out an independent organization from the existing organization and develop within it the new processes and values required to solve the new problem, * acquire a different organization whose processes and values closely match the requirements of the new task’ * Business Process Outsourcing is further going to gain importance and the various processes in the production are going to be narrowed down into various parts. * The experiences of mergers and acquisitions could be followed for better presence in the market. Example:Changing market scenario : Medical Devices Industry Medical device market is quite diverse which includes medical and diagnostic equipment; medical implants like heart valve and cardiac stents, pacemakers, cannulae, knee joints; and lower end plastic disposables, blood bags, IV sets, syringes etc.. Even within the same group of implants, there are diverse products which may have hardly anything in common: for examples, Intra-ocular lens and knee joints. According to one source, in 2012, the Indian medical devices and diagnostics market has been estimated to have reached Rs. 139bn ,that had potential to grow at a CAGR of 23.2 percent over the period 2009-13. It has been estimated the market will grow by an average of 15.6 row percent over the next few years, to around USD 4.8bn by 2015 . Increasing physicians’ awareness and increasing patients’ requirement to avail high quality care are amongst the driving force for such a growth rate. Figure: Indian medical devices market size and forecast (09-13) (USD mn) Source: KPMG-CII In India, there are around 700 medical device makers; however, major players remain the foreign companies. Few major players in medical devices industry include: B. Braun Medical(I)Pvt. Ltd; BL Life sciences Ltd; 8.3 Baxter India; Bayer Diagnostics India Ltd; Godrej Industries Ltd;Johnson & Johnson Medical India (JJMI) Ltd; Nicholas Piramal India Ltd; Opto Circuits (I) Limited; Philips Electronics India Ltd (Medical Systems Division); Roche Diagnostics India; Siemens India Ltd; Span Diagnostics Ltd; Trivitron Medical Systems; Wipro Biomed Ltd; Wipro GE Medical Systems. Coping with the Change * To constantly train people in new technology, new business practices and new paradigms. * Synergize organizational objectives with individual aspirations * Training Managers at all levels both in behavioral field as well as technical field as people are not going to be sitting face to face but will be connected mouse to mouse. * As the consumers are becoming more aware, the organizations have to train their employees for better customer relationship management (CRM). The individuals who are able to learn new competencies quickly are going to be valued more in this fast changing environment. Fundamentally, all organizations – from the military to schools to hospitals to private enterprises – need to dramatically increase the pace of change if they are going to thrive. * The organizations have to create an atmosphere where the employees from bottom level to the top level have a positive attitude towards change. * ‘Particular attention needs to be paid to young employees. They are a company’s long term investment. The contribution they make is dependent on how quickly they commit themselves to their work, and what they do about it’ . Three things can be said about change in today’s intense competitive environment: it’s hard, it’s necessary, and most people are bound to resist it. The question for leaders, then, is what actually makes change happen? Change is sensed as one of the most dynamic activity. It is more important to think about our roles in the changing environment rather than concentrating on what makes change happen. The fashion changes, individuals change, ‘only foolish and dead never change their opinion’ – so the opinions change, demands change, needs change and so does the market, trade and business and further so does our attitude change. â€Å"executives are recognizing that their most important need is to have ma nagers who deal with change and complexity by growing and by developing their capacities.† A Note for the Future Present organizational structure of course it has changed from what it was before 10 years but in coming few years it is further going to change. ‘As far as the interface of technology and business goes, it’s easy to predict what the characteristics of the next big thing will be; transparency, egalitarianism, immediacy, convenience, and economy. Nor is it difficult to hazard a guess on where its utility will be felt most; the way we work, the way we live; the way we interact; and the way in which we address larger problems related to the environment’. The future of work and the future of business is going to be decided by the methods and approaches followed by the organizations to face the challenge of change. The way the industry has reacted to the waves of change, we can expect that there is going to be better management of people and the human factor is going to be the most important factor in the coming days. The existence of knowledge society would certainly provide better outlook and perspective for thinking but the need is to be more cautious and more judicious in decision making for deciding the future course of action Q.No.3How can a leader transform potential into reality? What type of leadership is best suited in service providing units like healthcare centers? Give reasons for your choice. Ans.3. Introduction A leader is an individual who is able to demonstrate a specific set of roles, behaviours to influence the attitudes and behaviours of others. It is usually a group phenomenon. Two specific aspects of being a leader are: 1. The individual attributes or styles needed to be an effective leader. 2. The organizational skills required to manage the process of change Keys to Effective leadership Trust and confidence in top leadership was the single most reliable predictor of employee satisfaction in an organization. Effective communication by leadership in three critical areas was the key to winning organizational trust and confidence: 1. Helping employees understand the company’s overall business strategy. 2. Helping employees understand how they contribute to achieving key business objectives. 3. Sharing information with employees on both how the company is doing and how an employee’s own division is doing — relative to strategic business objectives. Turning potential into Reality : the Leadership challenge The leader must analyse the following issues while framing a vision of growth of organization: 1. Recognize the capabilities of the organization 2. Recognize the decisions that need to be made and the changes that must occur 3. Recognize the importance of people in achieving the vision 4. Recognize your needs in relation to the larger organization These four issues align with four phases for achieving the vision: Phase 1: Analyze your organization Phase 2: Develop your organization Phase 3: Value and develop your people Phase 4: Maintain and develop your sphere of influence Leadership Styles Leadership style is the way in which a leader accomplishes his purposes. It can have profound effects on an organization and its staff members, and can determine whether the organization is effective or not. Leadership style depends on the leader’s and organization’s conception of what leadership is, and on the leader’s choice of leadership methods. Depending how those fit together, a leader might adopt one of a variety styles, each reflected in the way the organization operates and the way its staff members relate to one another. * Autocratic – totally in control, making all decisions himself * Managerial – concerned with the smooth operation, rather than the goals and effectiveness, of the organization * Democratic – consulting with others, encouraging equality within the organization, but making final decisions herself * Collaborative – sharing leadership, involving others in all major decisions, spreading ownership of the organization. Other viewpoints of leadership styles are: * Transactional or autocratic (Burns, 1978). This might have been called in the past the ‘top down approach’ or autocratic leadership.* Transformational/interactional (Burns, 1978). Transformational leadership is aligned to democratic forms of leadership. It is a leadership style based upon embracing change and encouraging innovation. * Renaissance or modern (Cook, 1999 Renaissance leadership requires the effective use of power, influence and the ability to network to ensure key decision makers support changes. * Connective. There are similarities between both transformational and renaissance styles (Ewens, 2002) although this type of leadership is less likely to delegate in a way that empowers the workforce. The focus is that of building collaborative structures and networks to effect change 2. Defining the task: Focus on an objective that is SMART (specific, measurable, achievable, realistic and timely). Adaptive leadership for health care sector A new kind of leadership is needed for health care. It is both figuring out why the current approaches aren’t sufficient and surfacing how the forces at play in the system allow incremental efforts or the status quo to carry the day. It takes courage to identify the tough issues and create change, even when you are uncertain about the outcome. The adaptive nature of the challenges in health care demands that people see themselves as orchestrating conflict rather than resolving it, holding the attention of others to the harder issues rather than taking the burden off of their shoulders, confronting dearly-held legacy behaviors that prevent deep change from taking root rather than tolerating them, identifying and then letting go of values and behaviors that are getting in the way, and making your own adaptations. Currently Practiced Currently Needed Rely on tradition and past approaches Launch many experiments & identify emerging solutions Implement Best Practice Create â€Å"Next Practice†Overcoming Competing Commitments For people in senior authority, this type of leadership is different than what people expect You can develop these skills and apply them to a variety of adaptive challenges. Adaptation is more than surviving; it is about mobilizing people and creating environments that are more robust and resilient, environments for people to thrive. With the right focus, you can engage people in adaptive work and nurture the new DNA that will promote wellness and healing that brings your organization into the future Q.No.5. What are the indicators which tell you about the HRD climate in a healthcare centre? Ans 5. HRD stands for Human Resources Development in a business or an organization. Climate meant the atmosphere in the company, especially a supportive atmosphere that allows staff members to develop their skills for the benefit of the company. Management Indicators Ideally, HR and other management indicators are constructed from generally available data and describe constituents of organisational activity, namely inputs, processes and outputs. It is this data that managers use in monitoring and as a basis for decision making. The indicators are usually created by linking two separate pieces of data to form a ratio. The indicators literally provide an â€Å"indication† of the relative state of key determinants of efficiency and effectiveness in comparison to â€Å"norms† of organisational activity. These norms may be derived from: – external comparisons with other similar organisations; – internal comparisons with the previous performance of the organisation; – comparisons with some pre-determined standard. Indicators of HRD Climate in Health sector Indicators can be developed to examine all the different elements of organisational performance.The four main elements of performance which require management attention are illustrated here using indicators focused on HR aspects: †¢ Inputs: this covers the resources introduced into the health system. Human resources account for the majority of health service costs and are therefore the most significant input. In making comparisons between health system units or over time it is useful to be able to look at measures such as: -relative proportions of different staff types and grades; -staff costs in relation to the total health service expenditure; – numbers of staff relative to the local population. †¢ Processes: This looks at how the health service works as an organisation. In the HR dimension, process issues include organisational environment in which people work and the effect this might have on their performance, as well as more direct measures of HR efficiency with respect to the way the HR resources are used. Thus * staff turnover rates; the â€Å"actual to planned† staff ratio; the ratio of new staff recruited to new staff trained all give an indication of the quality of the organisational environment. * Bed occupancy rates to staff employed, on the other hand, provide a more direct relationship between HR and other resources inputs in the health care process. †¢ Outcomes: These are the products of the organisation. This is particularly difficult to measure in health service systems as there is little agreement on ways of measuring health outcomes (ie. the change in health status for a person having been in the health care system). Usually the best that can be managed are proxy measures such as overall population mortality rates to staff employed. †¢ Outputs: Outcomes are often expressed in so-called â€Å"intermediate† output measures such as the number of patients treated. This data can be more easily measured, but does not give an accurate picture of how health status is affected. Typical HR output measures could include: * the number of nurses per thousand clinic attendances; * trained nurses/ midwives per 1000 live births. Peters and Waterman (6) identify the â€Å"7Ss† – strategy, structure, skills, style of management, systems, staff, shared values – as key interrelated factors determining the performance of an organisation. The HR elements in this (staff, skills, shared values and structure) can be expected to play a significant role in changing organisational performance. The most common words used to assess the impact of these related elements are â€Å"efficiency†, â€Å"effectiveness† and â€Å"quality†.

European Convention on Human Rights Essay

A.INTRODUCTION We live in the Digital Age and in a fully globalized world in which intellectual property rights (IP rights) are no longer configured in the same way they did before. That is why the Anti-Counterfeiting Trade Agreement was designed in order to respond to new technological and human challenges. But when ACTA was revealed to the public opinion an intense debate emerged from the first moment and almost immediately civil and Internet organizations totally opposed to the content of ACTA alleging that the agreement was a serious violation of fundamental rights. On the other side, the signatory states, the right holders of those IP rights and the European Union, defended Intellectual Property as an engine of economic growth, job creation and encouragement of innovation and artistic and technological creation. The purpose of this seminar paper is to explain which provisions of ACTA hinder fundamental rights as enshrined in the different European catalogues of human rights, namely the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. But the scope of ACTA is much wider, it covers topics such as generics medicines, innovation and competition, which are not objective of this paper and therefore they will not be analyzed. In order to understand which violations are perpetrated by ACTA, this paper is divided in four parts. In the first one I will explain what is the Agreement and how was negotiated. We will see that is a matter of great topicality since the final vote at the European Parliament is about to take place, specifically in a month. Second, I will explain how those catalogues of fundamental rights relate to each other. In other words, how a multilevel of protection of fundamental rights affect the guarantees protected by those rights. Third, I will analyse which provisions of ACTA do not respect European fundamental rights. Finally, I will draft some conclusions. B.THE ANTI-COUNTERFEITING TRADE AGREEMENT I.WHAT IS ACTA The Anti-Counterfeiting Trade Agreement (ACTA) is a multilateral agreement  which its main objective is to establish a harmonized standard for the enforcement of intellectual property rights in order to combat the violation of protected rights all around the world. In order to fulfill this task, the agreement contains provisions on international cooperation between States and the coordination of law enforcement, especially the introduction of civil and criminal sanctions for intellectual property infringements , such as counterfeit goods, generic medicaments and copyright infringements on the internet. The countries involved in the Agreement are the United States, Japan, Canada, the European Union (with its 27 Member States), Switzerland, Australia, Mexico, Morocco, New Zealand, South Korea and Singapore, making a total of 11 contracting parties. Since ACTA is an international agreement that bounds only the contracting parties, it is a method of creation of a new international law. According to the EU Commission â€Å"ACTA will help countries work together to tackle more effectively Intellectual Property Rights (IPRs) infringements† . So the interest of the EU to sign this agreement resides in the concern of remaining at a relevant position in the global economy and by this way being able to protect the jobs related to intellectual property all around the European Union. The Agreement is divided in Chapter I for Initial provisions and general definitions; Chapter II for the Legal framework of enforcement of Intellectual Property Rights (and subdivided in Section 1: General Obligations with Respect to Enforcement, Section 2: Civil Enforcement, Section 3: Border Measures, Section 4: Criminal Enforcement and Section 5: Enforcement of Intellectual Property Rights in the Digital Environment); Chapter III for Enforcement practices; Chapter IV for International cooperation; Chapter V for Institutional arrangements and Chapter VI for Final Provisions. II. HOW IS ACTA BEEN NEGOTIATED During the whole process of negotiation of ACTA, much criticism has arisen due to the lack of transparency and the possible violation of fundamental rights. The potential infringements of fundamental rights will be discussed at a further moment and now we will see how the whole agreement was decided. On 23 October 2007 the office of the Unites States Trade Representatives released an announcement about a new initiative called ACTA . The objective of this agreement was to address a â€Å"new international agreement focused on  cooperation, best practices, and a strong legal framework for Intellectual property rights enforcement†. Since then, eleven negotiation rounds took place between June 2008 and October 2010. But what it was unusual is the fact that this new agreement on intellectual property rights was never negotiated under the scope of the WIPO or the WTO. The Member States of the European Union were represented by the European Commission and the Presidency of the Coun cil. The first consolidated text of ACTA was drafted at the eighth negotiation round in Wellington (New Zealand) in April 2010. On June 2011, the European Commission asked a proposal for a Council Decision on the conclusion of ACTA , and in December 2011 the final version of the Agreement was adopted unanimously by the Council and signed by the European Commission and 22 Member States on 26 January 2012 (Germany, Cyprus, Estonia, the Netherlands and Slovakia have not signed it yet). In order to be part of EU law the Agreement must be ratified by the EU, which means approval by the European Parliament under the procedure for international commercial agreements described in Article 218(6) TFEU and ratification by Member States under their national procedures. Knowing that there is a need of a vote at the European Parliament, the society has expressed its concerns about ACTA by mobilizations all over Europe thanks to the effort of some NGOs and Internet movements, and even declarations of some MEPs . This made Commissioner Karel De Gucht, under the procedure foreseen at Art. 218(11) TFEU, to decide to refer the Agreement to the Court of Justice of the European Union . So on 4 April 2012 the question decided unanimously by the College of Commissioners that was sent to the ECJ was: â€Å"Is the Anti-Counterfeiting Trade Agreement (ACTA) compatible with the European Treaties, in particular with the Charter of Fundamental Rights of the European Union?†. It is known that rulings from the ECJ take time, but until the opinion is made, the European Parliament decided to uphold its vote until the ECJ had made any conclusion . However, it decided that it will continue to supervise the Agreement. The next logical step would had been to make another referral to the ECJ by the European Parliament, but on 28 March, this Institution decided to reject a referral to the Court of Justice because there was â€Å"no need to do so, because the file will anyway go to the court – according to intentions announced by the European Commission†. It was surprising how the EU Digital Agenda Commissioner  Neelie Kroes suggested at a conference on internet freedom in Berlin on 4 May 2012 that ACTA was probably not going to be ratified since she stated that â€Å"We are now likely to be in a world without SOPA and without ACTA. Now we need to find solutions to make the Internet a place of freedom, openness, and innovation fit for all citizens, not just for the techno avant-garde†. This does not mean that the Agreement will be immediately rejected, there is a need to hold a vote at the European Parliament in order to do so. The final vote on ACTA has been scheduled for the 3-5 July 2012 , but before ACTA goes to vote before the European Parliament, several EP committees will be giving their opinions on the 31 May 2012, namely the Legal Affairs Committee (JURI), the Industry Committee (ITRE) and the Civil Liberties Committee (LIBE). Once these committees have drafted an opinion, the main committee in charge on ACTA, the International Trade Committee (INTA), will decide on the 21 June 2012 and it will elaborate a final report that will be used by the European Parliament for its final vote on ACTA. As we have seen, the whole negotiation of ACTA has been of major relevance not only to the public opinion, but also for the MEPs and some other Organs of the European Union, like the European Data Protection Supervisor. Remains to be seen what the final decision of the European Parliament would be and this will undoubtedly have consequences in both ways: If ACTA is ratified by the Parliament, the Agreement will come into force, but if not, it will be pretty much dead if it does not have the support of the European Union. So we still need to wait until the 3-5 July 2012 to see how it will all end and the next weeks are going to be of extremely importance because the ratification process is not over yet, meaning that the issue is really topical. C.THE DIFFERENT LEVELS OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE In this section I will explain the relationship between the different catalogs of fundamental rights that concern this seminar paper, namely the German Basic Law, the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights or ECHR) and the Charter of Fundamental Rights of the European Union (Charter). It is obvious that this classification can raise questions to EU citizens when they seek  the protection of their fundamental rights, since they exist up to four catalogues: the national constitutions, the ECHR, the case law of the ECJ and the Charter . I.THE DEVELOPMENT OF FUNDAMENTAL RIGHTS THROUGH THE ECJ AND THE ECtHR At one first moment the ECJ declared it had no jurisdiction to ensure compliance with national law, which did include a catalog of fundamental rights within the national Constitutions. This first stage was changed after the Stauder decision of 12 November 1969 that said that fundamental rights are part of the general principles of Community Law , and the CJEU has the task to protect them, but it didn’t say which rights were those: â€Å"Interpreted in this way the provision at issue contains nothing capable of prejudicing the Fundamental Human Rights enshrined in the general principles of Community Law and protected by the Court†. The next step on the case law of the ECJ was the Internationale Handelsgesellschaft judgment of 17 December 1970. Here the Court confirms the existence of general principles for the protection of fundamental rights within the Community Law inspired by the constitutional traditions common to the Member States : â€Å"[†¦] in fact, respect for fundamental rights forms an integral part of the general principles of law protected by the Court of Justice. The protection of such rights, whilst inspired by the constitutional traditions common to the Member States, must be ensured within the framework of the structure and objectives of the Community†. But the ECJ stated that Community law could not be judged against national law, even constitutions: â€Å"[†¦] the validity of a Community instrument or its effect within a Member State cannot be affected by allegations that it strikes at either the fundamental rights as formulated in that States’ constitution or the principles of a national constitutional structure.† By this way, the Court had to analyze the situation under the national law of the Member States when it was faced with a situation with no legal or insufficient response. Four years later, the Nold judgment of 14 May 1974 made a reference to international treaties as elements of inspiration for the definition of a scope of fundamental rights, but also the ECJ stated that it cannot go in a different dir ection to the one established in the constitutional laws of the Member States. By doing  so, the rights recognized in the different legal orders where the limit to the action of the ECJ: â€Å"In safeguarding these rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, and it cannot therefore uphold measures which are incompatible with fundamental rights recognized and protected by the Constitutions of those States. Similarly, International Treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law†. As the judgment states, the ECJ refers namely to the Convention for the Protection on Human Rights and Fundamental Freedoms of 1950 (ECHR), becoming this latter treaty the maximum standard for the protection of fundamental rights. Nevertheless it must be said that the constitutional traditions of the Member States as source of inspiration does not mean that t he rights within can be invoked in ECJ. The final step was made in the Hauer judgment of 13 December 1979, when the ECJ stated that: â€Å"[†¦] that fundamental rights form an integral part of the general principles of the law, the observance of which it ensures; that in safeguarding those rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, so that measures which are incompatible with the fundamental rights recognized by the constitutions of those States are unacceptable in the Community; and that, similarly; international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law†. By holding that fundamental rights are an integral part of the general principles of law the observance of which the Court ensures, the ECJ has accomplished two things: To incorporate a central feature of modern constitutions into t he corpus of EC law and to help strengthen the authority of EC law against potential challenges before national courts in the name of domestic constitutional rights . The next step in cooperation between Community law and the ECHR was given in the cases of Matthews and Bosphorus . In Matthews was decided that Member States can be held responsible if EC primary law violated the ECHR, because those Member States are still responsible for infringements although they have transferred some of their competences to the European Communities. In Bosphorus the problem at issue  was whether an EU Member State could be responsible under the ECHR for an execution of a Community Regulation. As stated in Matthews, Member States are responsible for acts and omissions of its organs regardless whether the competencies are national or at supranational level, but the difference was that in this case, the Member State was obliged by a Regulation, which gives no discretion when implementing it. In order to solve this situation, the ECtHR gave a status of â€Å"equivalent protection† to the ECJ, meaning that â€Å"State action taken in compliance with such leg al obligations is justified as long as the relevant organization is considered to protect fundamental rights, as regards both the substantive guarantees offered and the mechanisms controlling their observance, in a manner which can be considered at least equivalent to that for which the Convention provides† . The Court continues: â€Å"If such equivalent protection is considered to be provided by the organization, the presumption will be that a State has not departed from the requirements of the Convention when it does no more than implement legal obligations flowing from its membership of the organization† . Since that level of protection was indeed guaranteed by former judgments of the ECJ, the ECtHR decided not to interpret Community law and from now on, the ECJ has an equivalent protection of fundamental rights as the one within the ECHR. When the Charter of Fundamental Rights of the EU (Charter) came into force with the Treaty of Lisbon , the ECJ could now rely its fundamental rights jurisdiction on a single catalog of European law . But what is the relationship between the rights in the Charter and the ones in the ECHR? Article 52(3) of the Charter explains it: â€Å"Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection†. The reason for such provision is to avoid a lower standard of protection than the one of the ECHR. Therefore, a restriction of a fundamental right can only be acceptable under the terms of the ECHR and it prevents possible confusion of the Member States when being subjected to two different catalogs of rights . Moreover, as the Charter reiterates and complements the ECHR, there is no dual system of fundamental rights. In fact, it reaffirms the same common list of fundamental rights . II.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL CONSTITUTIONAL COURT AND THE EUROPEAN COMMUNITIES / THE EUROPEAN UNION The main problem at stake was that two different levels of protection were created. One circle was the one created by the case law of the ECJ and the other circle was the list of rights protected by the national constitutions . How did the German Federal Constitutional Court solve this problem? In the Solange I -decision, the German court stated that in case of conflict between the Community law and fundamental rights protected in the German Basic Law, the latter would prevail as long as the European Communities did not have a catalogue of fundamental rights which is equivalent to the catalogue of fundamental rights guaranteed by the German Constitution. But after how the ECJ ruled, namely after Nold and Hauer, the German Constitutional Court changed its opinion and stated in the Solange II -decision that as long as the European Communities ensured a protection of fundamental rights which is to be regarded as substantially similar to the protection of fundamental rights by the German Constitution, and safeguards the essential content of fundamental rights, it is not an obligation for the Constitutional Court to examine the compliance of Community law with the German law. But in 1993, the German Constitutional Court seemed to go back to the previous doctrine of the Solange I-judgment in its famous Maastricht decision , where it stated that from that moment it wanted to apply its jurisdiction regarding to the protection of fundamental rights in a cooperation relationship with the ECJ. The Constitutional Court had the strong opinion that it is the only one capable of protecting the fundamental rights enshrined in the Basic Law, so for this purpose it extends the meaning of public power and declares that no matter what kind of power (German Government or the European Communities) violates fundamental rights enshrined in the Basic Law because it will always have the jurisdiction. By doing so, the former Communities were supervised by the German Federal Court every time their activity fell under the scope of application of the Basic Law. Seven years later, in June 2000, the Court changed its mind again at the Bananenmarketordnung judgment. It explained tha t the previous doctrine was a â€Å"misunderstanding†. The German Constitutional Court will review  possible violations of fundamental rights only if the European Communities fail to do so. But this cannot be justified by a single case, but by a serious deficiency at european level . This means that while the ECJ continues to effectively protect fundamental rights, there will be no German control of those rights over the European law. We can conclude that over the ruling of the German court, this has been a reluctance to recognize the supremacy of Community law concerning the protection of human rights, but this supremacy has finally been recognized as a prerequisite for Germany to participate in the European Integration Process . III.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL CONSTITUTIONAL COURT AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS The European Convention on Human Rights (ECHR) contains a catalogue of fundamental rights which the Federal Republic of Germany is bound to guarantee as well, since it ratified the convention on 3 September 1953. The basic principle of International law pacta sunt servanda obliges to do it . It was never a problem, since the fundamental rights protected in the German Basic Law followed a parallel interpretation to the ones guaranteed in the ECHR. In fact, Articles 1 to 9 from the Basic Law bear resemblance to the ones in the ECHR . In addition, the Constitutional Court elaborated the concept of Và ¶lkerrechtsfreundlichkeit of the Basic Law , which means that Germany’s fundamental rights should be interpreted in the same way as the ones enshrined in the ECHR in order to fill the possible gaps in the reading of both catalogues . So when interpreting the Basic Law, the development of the ECHR needs to be taken into account without, of course, restricting the protection provided in the Basic Law. It seems that this doctrine would not lead to a confrontation between the German Federal Constitutional Court and the European Court for Human Rights (ECtHR), but this was not the case in the Gà ¶rgà ¼là ¼ judgments. It is peculiar how the German Court does not confirm that a judgment of the Strasbourg Court should be simply executed, but instead says that â€Å"the authorities and courts of the Federal Republic of Germany are obliged, under certain condition, to take account of the European Convention on Human Rights as interpreted by the ECtHR in making their decisions.† . By saying â€Å"taking account† and not, for example, â€Å"comply  with† the Court declares that under some circumstances it can decide not to execute a judgment of the ECtHR. The only requisite is that the competent court under the German legislation needs to give reasons why this doctrine can be applied . In fact, the German judgment states : â€Å"If [†¦] the ECtHR establishes that there has been a violation of the Convention, and if this is a continuing violation, the decision of the ECtHR must be taken into account in the domestic sphere, that is the responsible authorities or courts must di scernibly consider the decision and, if necessary, justify understandably why they nevertheless do not follow the international-law interpretation of the law.† The main reason for this was that it could be eventually possible that under the view of the ECtHR a situation could be interpreted widely and under the German law it should be more carefully viewed. But still, after the ECtHR has made its decision, national authorities cannot challenge it, except when, in opinion of the German Court, through a constitutional complaint . The Federal Constitutional Court thinks of itself as the Guardian of the due to respect of ECtHR’s decisions . Although this new doctrine means a significant change in the case law of the German Court it does not affect the content of the fundamental rights within both catalogues. It is true that now the German Court could be a kind of appeal organ in some cases for the judgments of the ECtHR, but as already said, both catalogues interpret their rights in the same way, so it is not a question of which rights prevail, but a question of sovereignty that does not affect the interpretation of those rights. IV.IS THERE A TRUE MULTI-LEVEL OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE? It is true that within every State exist three different catalogues of protection of fundamental rights, namely the national Constitutions (the Basic Law), the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union (plus the case law of the ECJ), but as we have seen each of these lists are interrelated to each other: -ECJ draws inspiration of national constitutional traditions and the ECHR; -The Charter has its minimum standard of protection in the ECHR; -The fundamental rights in the German Basic Law must be interpreted as in the ECHR. Therefore, when an agreement like ACTA infringes fundamental rights it  does it indeed at a multi-level, but that does not mean that such rights have a different protection or a different interpretation within the distinct catalogues. D.ACTA AND FUNDAMENTAL RIGHTS ACTA have undeniable effects on fundamental rights as protected in the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Namely, these rights are: -The right to freedom of expression and information (Art. 5(1) BL; Art. 10(1) ECHR; Art. 11(1) Charter); -The right to privacy and data protection (Art. 10(1) BL; Art. 8(1) ECHR; Art. 7 and 8(1) Charter); -The right to a fair trial (Art. 103(1) BL; Art. 6 ECHR; Art. 47 Charter); We will also discuss about the â€Å"fundamental principles† that ACTA seems to guarantee. I.THE RIGHT TO FREEDOM OF EXPRESSION AND INFORMATION Art. 10(1) ECHR guarantees the right to freedom of expression and information, but also the right to freedom to hold opinions and to receive and impart information without interference of public authorities . The German Basic Law must consider the ECHR as source of interpretation when applying its Art. 5(1) BL. Moreover, ECJ has considered the right to freedom of expression and information as one of the general principles of European law which is enshrined now in Art. 11(1) Charter. It is impossible to deny the importance that today has the Internet when talking about freedom of expression and information: online newspapers, video channels, bloggers, webmasters, tweeters, etc. The ECtHR has many times stated that freedom of expression is the foundation of a democratic society: â€Å"The Court’s supervisory functions oblige it to pay the utmost attention to the principles characterising a â€Å"democratic society†. Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man† . Moreover, the UN Special Rapporteur on Freedom of Expression has declared that access to the Internet and the freedom to seek, receive and impart information and ideas over the Internet is an inherent part of the freedom  of expression . In a democratic society people must feel free to express their ideas and must be able to receive information with no censorship. Any action that goes in a different direction would hinder the fundamental rights within the different European catalogues. Art. 23 ACTA refers to criminal offences: 23(1): Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale [Fn]. For the purposes of this Section, acts carried out on a commercial scale include at least those carried out as commercial activities for direct or indirect economic or commercial advantage. Article 23(1) ACTA implies the criminalisation of certain acts carried out in the digital environment, but it does not define in a clear way what kinds of acts could be considered as criminal offences. We should ask whether private file sharing match the nature of those acts. In opinion of the EDPS , the article makes no reference to criminal offences recognised in the law of the contracting parties, so he deduces that the provision refers to a new category of offences which Art. 23(1) ACTA fails to provide with a clear definition to meet the legal certainty required. Another worrying provision from Art. 23(1) ACTA are the notions of â€Å"commercial scale† and â€Å"direct or indirect economic or commercial advantages† which are also not defined at all. The EDPS thinks that the interpretation of those words can be very broad and include acts carried out by individual in the Internet that could be innocent and/or trivial . Since there is no list again of what acts could be done at a â€Å"commercial scale† this is not sufficient to see whether that notion would fit under the definition that the European Union gives to â€Å"commercial scale†, which excludes those acts â€Å"carried out by private users for personal and not-for profit purposes† . All these measures are real interferences to the right to freedom of expression and information because such a legal uncertainty could criminalise innocent and trivial Internet data exchange, which its main purpose is not to violate IP rights, but the possibility to expre ss, be informed, hold opinions and to receive and impart information which are essential for a democratic society. One of the reasons of why ACTA was so much criticized in the beginning was due to the so unpopular ISP liability  and the â€Å"three strikes† rule. This was originally intended by the drafters of the Agreement which did not please the public opinion when a provisional version of the agreement was leaked . As the European Parliament study on ACTA on July 2011 reveals, there were extensive provisions relating â€Å"liability of online service providers, including restricted safe harbours; takedown or removal of material at the request of rightholders; and third party secondary, and contributory liability. In prior proposals put forward by other parties, provisions for the cutting-off of internet service of infringers (so-called three strikes provisions) were also put forward, although these did not appear in later texts†. In the actual consolidated version such measures were eliminated from the Agreement. However, residues of liability can be seen in Art. 27 ACTA: Art. 27(1): Each Party shall ensure that enforcement procedures, to the extent set forth in Sections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are available under its law so as to permit effective action against an act of infringement of intellectual property rights which takes place in the digital environment, including expeditious remedies to prevent infringement and remedies which constitute a deterrent to further infringements. Art. 27(2): Further to paragraph 1, each Party’s enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party’s law, preserves fundamental principles such as freedom of expression, fair process, and privacy. [fn] Footnote: For instance, without prejudice to a Party’s law, adopting or maintaining a regime providing for limitations on the liability of, or on the remedies available against, online service providers while preserving the legitimate interests of right holder. There is the opinion that the initial idea of the drafters of ACTA still remains in their minds. The footnote suggests that liability on ISPs will always exist, but now, the only requisite is to have a limit to this liability, but it does not say under what terms it must be done. What it says is that interests of rightholders are the first ones to take account. According to this opinion , this would still allow ISPs to disconnect users of alleged IP rights violations and therefore deprive them  of their right to freedom of expression and information. II.THE RIGHT TO PRIVACY AND DATA PROTECTION Art. 8(1) ECHR guarantees also the confidentiality of individual communications, that is why private life and correspondence are protected under the same article. Since telephone communications fall within the scope of the article, Internet communications too. Art. 10(1) BL goes beyond and also protects from prohibitions, interruptions or delays of communications . Both rights are considered basic principles of European law and now they are enshrined in Arts. 7 and 8(1) Charter. The provisions of ACTA that violate these specific rights are Art. 11 and Art. 27(4): Art. 11: Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities, at least for the purpose of collecting evidence, relevant information as provided for in its applicable laws and regulations tha t the infringer or alleged infringer possesses or controls. Such information may include information regarding any person involved in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution. Art. 27(4): A Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party’s law, preserves fundamental principles such as freedom of expression, fair process, and  privacy. Under Art. 11 extensive disclosure orders are allowed . This covers â€Å"infringers†, â€Å"alleged infringers† and â€Å"any person involved in any aspect of the infringements or alleged infringement†, they also include â€Å"the identification of third persons alleged to be involved†. In addition, Art. 27(4) allow data disclosures for the purpose â€Å"to identify a subscriber whose account was allegedly used for infringement†. But are IP addresses personal data? In order to know that, we need to read the definition of personal data provided in Art. 2 Directive 95/46/EC : â€Å"any information relating to an identified or identifiable natural person (â€Å"data subject†); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number†. It is obvious that such IP addresses constitute personal data since individuals can be identified by those numbers. Although the purpose of those articles is the detection and prevention of possible IP rights infringements, the wording makes it clear that Internet users will not be warned while they are being monitorised, even if they are not suspicious for having infringed some sort of IP rights. Moreover, this monitoring would be done by ISPs if right holders ask them to do so. In opinion of the EDPS a generalised monitoring is an act that invades individuals’ private sphere. So, for these acts to be justified, they must be necessary and proportionate, but when ACTA does not apply any limit to the monitor process it is obvious that it would count as infringements all those acts that are carried out for no profit. If there is no proportionality and rightholders can access to private data with no restrictions, even if individuals are not violating IP rights, it is a clear example of an infringement to the right to privacy and data protection. III.THE RIGHT TO A FAIR TRIAL The right to a fair trial is a general principle of law of the European Union common to the Member States and which the Federal Republic of Germany is bound by it , which is now embodied in Art. 47(2) Charter. Also Art. 6 EMRK protects the right of a fair trial and since the Và ¶lkerrechtsfreundlichkeit doctrine Art. 103(1) BL gives meaning to it. Art. 12 ACTA contains the provisional measures which are part of the legal answers that right holders can rely on in civil law. But Art. 12(2) fails to provide guarantees for a  fair trial: Each Party shall provide that its judicial authorities have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. In proceedings conducted inaudita altera parte, each Party shall provide its judicial authorities with the authority to act expeditiously on requests for pr ovisional measures and to make a decision without undue delay. It is true that provisional measures, even in inaudita altera parta procedures, are allowed, but only because they are the exception. This is against the principle of â€Å"equality of arms† defined by the ECtHR (and followed by the German Federal Court and the ECJ) that means that in judicial procedures a defendant may not be placed at a substantial disadvantage against his counter-party . When such a possibility is accepted by a legal system it also provides safeguards to ensure that the defendant can restore his â€Å"equality of arms†. But ACTA do not seem to provide this. It does not stress that provisional measures and proceeding inaudita altera parta should be the exception and this could lead to two possible consequences. First, when protecting IP rights it is justified to use those extraordinary measures as normal and second, that there is no need to provide guarantees . Regarding the provisional measures of Art. 27(4) it is not clear to which â€Å"competent authorities† the article refers to. In opinion of the EDPS the ambiguous concept does not provide with the sufficient legal cert ainty of whether the disclosure of information would be taken place by judicial authorities. He believes that such concept could also include administrative bodies that are not embodied with the sufficient â€Å"guarantees of independence, impartiality and respect of the rights to the presumption of innocence and to a fair trial†. It must be also considered that ACTA enable to private parties to adopt functions that belong to judicial authorities and it seems as if there is a â€Å"privatisation† of IP rights law . Art. 27(3) enable the â€Å"business community† to address IP infringements: Each Party shall endeavour to promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Party’s law, preserving fundamental principles such as freedom of expression, fair process, and privacy. Right holders cannot judge  whether a particular action violates IP rights, in fact, when certain type of data must be processed in relation to suspected offences or criminal convictions, Art. 8(5) Directive 95/46/EC states that those acts †may be carried out only under control of official authority, or if suitable specific safeguards are provided under national law†. Moreover, the UN Special Rapporteur on Freedom of Expression has stated that â€Å"Lack of transparency in the intermediaries’ decision making process also often obscures discriminatory practices or political pressure affecting the companies’ decisions† and â€Å"To avoid infringing the right to freedom of expression and the right to privacy of Internet users, the Special Rapporteur recommends intermediaries to: only implement restrictions to these rights after judicial intervention† . If ACTA does not make any effort to offer any guarantee to the right to a fair trial and even aims to provide the â€Å"business community† with the powers of the judicial authorities it is evident that departs from the fundamental rights enshrines in the Basic Law, the ECHR and the Charter. IV.THE â€Å"FUNDAMENTAL PRINCIPLES† The digital chapter, namely Arts. 27(2), 27(3) and 27(4) refers to the need to preserve â€Å"fundamental principles such as freedom of expression, fair process and privacy†. The EDPS states that by only referring to those principles and no giving real safeguards is not enough. He asks himself whether the drafters of the Agreement did not choose o include â€Å"fundamental rights† instead of â€Å"fundamental principles†, since freedom of expression and privacy are not â€Å"principles†, but fundamental rights. Also, the negotiators chose to avoid referring to the right to a â€Å"fair trial† or to the right to â€Å"due process†, instead they referred to the term: â€Å"fair process†, which, as confirmed by the European Commission , that is not a fundamental principle of international law. To make a comparison, the EDPS gives an example of the necessary safeguards that must be always included and must always be â€Å"in conformity with the European Convention on Human Rights and general principles of Community law, including effective judicial protection, due process, the principle of presumption of innocence and the right to privacy†. It seems that such terms are not intended to properly ensure  fundamental rights in the way they do the different European catalogues. D.CONCLUSIONS It is true that IP rights must be protected and since we live in a digital era, that task has become more difficult due to a more globalized world. But the protection of IP rights must not be given precedence over fundamental rights. ACTA have failed to respect the fundamental rights within the Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Much of it is due to a very vague, ambiguous and unclear wording of its provisions, making it impossible to foresee what kind of actions, both civil and criminal, infringe intellectual property rights. Moreover, there are no explicit de minimis rules that could make the provisions of ACTA proportionate so they do not hinder fundamental rights. IP rights are not above fundamental rights. This is something that the ECJ stated twice in the Telefà ³nica/Promusicae and Scarlet/Sabam cases. Namely, in the latter said that a â€Å"a fair balance be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other†. ACTA will be voted next month at the European Parliament and it seems that MEPs will vote against it (although it is not sure yet). Meanwhile, the European Court of Justice will decide whether the Agreement is compatible with the rights in the Charter of Fundamental Rights of the European Union and, as we have seen, there are grounds for the incompatibility of ACTA with this catalogue of rights. If we want to enforce the legitimate IP rights that rightholders have we need to stop criminalising trivial and private use of data in the Internet, we need to stop thinking in mechanisms to deny access to information and we need to ensure that judicial authorities continue to be the ones capable to enforce those rights.

All About the Rise and Fall of the Berlin Wall

All About the Rise and Fall of the Berlin Wall Erected in the dead of night on August 13, 1961, the Berlin Wall (known as Berliner Mauer in German) was a physical division between West Berlin and East Germany. Its purpose was to keep disaffected East Germans from fleeing to the West. When the Berlin Wall fell on November 9, 1989, its destruction was nearly as instantaneous as its creation. For 28 years, the Berlin Wall had been a symbol of the Cold War and the Iron Curtain between Soviet-led Communism and the democracies of the West. When it fell, it was celebrated around the world. A Divided Germany and Berlin At the end of World War II, the Allied powers divided conquered Germany into four zones. As agreed at the  Potsdam Conference, each was occupied by either the United States, Great Britain, France, or the Soviet Union. The same was done in Germanys capital city, Berlin.   The relationship between the Soviet Union and the other three Allied powers quickly disintegrated. As a result, the cooperative atmosphere of the occupation of Germany turned competitive and aggressive. One of the best-known incidents was the Berlin Blockade in June of 1948  during which the Soviet Union stopped all supplies from reaching West Berlin. Although an eventual reunification of Germany had been intended, the new relationship between the Allied powers turned Germany into West versus East and democracy versus Communism. In 1949, this new organization of Germany became official when the three zones occupied by the United States, Great Britain, and France combined to form West Germany (the Federal Republic of Germany, or FRG). The zone occupied by the Soviet Union quickly followed by forming East Germany (the German Democratic Republic, or GDR). This same division into West and East occurred in Berlin.  Since the city of Berlin had been situated entirely within the Soviet Zone of Occupation, West Berlin became an island of democracy within Communist East Germany. The Economic Differences Within a short period of time after the war, living conditions in West Germany and East Germany became distinctly different. With the help and support of its occupying powers, West Germany set up a capitalist society. The economy experienced such a rapid growth that it became known as the economic miracle. With hard work, individuals living in West Germany were able to live well, buy gadgets and appliances, and travel as they wished. Nearly the opposite was true in East Germany. The Soviet Union had viewed their zone as a spoil of war. They had pilfered factory equipment and other valuable assets from their zone and shipped them back to the Soviet Union. When East Germany became its own country in 1949, it was under the direct influence of the Soviet Union and a Communist society was established. The economy of East Germany dragged and individual freedoms were severely restricted. Mass EmigrationFrom the East Outside of Berlin, East Germany had been fortified in 1952. By the late 1950s, many people living in East Germany wanted out. No longer able to stand the repressive living conditions, they would head to West Berlin. Although some of them would be stopped on their way, hundreds of thousands made it across the border. Once across, these refugees were housed in warehouses and then flown to West Germany. Many of those who escaped were young, trained professionals. By the early 1960s, East Germany was rapidly losing both its labor force and its population. Between 1949 and 1961, its estimated that nearly 2.7 million people fled East Germany. The government was desperate to stop this mass exodus. The obvious leak was the easy access East Germans had to West Berlin. With the support of the Soviet Union, there had been several attempts to simply take over West Berlin. Although the Soviet Union even threatened the United States with the use of nuclear weapons over this issue, the United States and other Western countries were committed to defending West Berlin. Desperate to keep its citizens, East Germany knew that something needed to be done. Famously, two months before the Berlin Wall appeared, Walter Ulbricht, Head of the State Council of the GDR (1960–1973) said, Niemand hat die Absicht, eine Mauer zu errichten. These iconic words mean, No one intended to build a wall. After this statement, the exodus of East Germans only increased. Over those next two months of 1961, nearly 20,000 people fled to the West. The Berlin Wall Goes Up Rumors had spread that something might happen to tighten the border of East and West Berlin. No one was expecting the speed nor the absoluteness of the Berlin Wall. Just past midnight on the night of August 12-13, 1961, trucks with soldiers and construction workers rumbled through East Berlin. While most Berliners were sleeping, these crews began tearing up streets that entered into West Berlin. They dug holes to put up concrete posts and strung barbed wire all across the border between East and West Berlin. Telephone wires between East and West Berlin were also cut and railroad lines were blocked. Soldiers closing off East Berlin with barbed wire fences. Keystone / Getty Images Berliners were shocked when they woke up that morning. What had once been a very fluid border was now rigid. No longer could East Berliners cross the border for operas, plays, soccer games, or any other activity. No longer could the approximately 60,000 commuters head to West Berlin for well-paying jobs. No longer could families, friends, and lovers cross the border to meet their loved ones.   Whichever side of the border one went to sleep on during the night of August 12, they were stuck on that side for decades. The Size and Scope of the Berlin Wall The total length of the Berlin Wall was 91 miles (155 kilometers). It can not only through the center of Berlin, but also wrapped around West Berlin, entirely cutting it off from the rest of East Germany. The wall itself went through four major transformations during its 28-year history. It started out as a barbed-wire fence with concrete posts. Just days later, on August 15, it was quickly replaced with a sturdier, more permanent structure. This one was made out of concrete blocks and topped with barbed wire. The first two versions of the wall were replaced by the third version in 1965. This consisted of a concrete wall supported by steel girders. The fourth version of the Berlin Wall, constructed from 1975 to 1980, was the most complicated and thorough. It consisted of concrete slabs reaching nearly 12-feet high (3.6 meters) and 4-feet wide (1.2 meters). It also had a smooth pipe running across the top to hinder people from scaling it. Bettmann Archive / Getty Images By the time the Berlin Wall fell in 1989, there was a 300-foot No Mans Land and  an additional inner wall. Soldiers patrolled with dogs and a raked ground showed footprints. The East Germans also installed anti-vehicle trenches, electric fences, massive light systems, 302 watchtowers, 20 bunkers, and even minefields. Over the years, propaganda from the East German government would say that the people of East Germany welcomed the Wall. In reality, the oppression they suffered and the potential consequences they faced kept many from speaking out to the contrary. The Checkpoints of the Wall Although most of the border between East and West consisted of layers of preventative measures, there were little more than a handful of official openings along the Berlin Wall. These checkpoints were for the infrequent use of officials and others with special permission to cross the border. Checkpoint Charlie. Express / Getty Images The most famous of these was Checkpoint Charlie, located on the border between East and West Berlin at Friedrichstrasse. Checkpoint Charlie was the main access point for Allied personnel and Westerners to cross the border. Soon after the Berlin Wall was built, Checkpoint Charlie became an icon of the Cold War. It has frequently been featured in movies and books set during this time period. Escape Attempts and the Death Line The Berlin Wall did prevent the majority of East Germans from emigrating to the West, but it did not deter everyone. During the history of the Berlin Wall, it is estimated that about 5,000 people made it safely across. Soldiers investigating a tunnel dug beneath the Berlin wall. Michael Ochs Archives / Getty Images Some early successful attempts were simple, like throwing a rope over the Berlin Wall and climbing up. Others were brash, like ramming a truck or bus into the Berlin Wall and making a run for it. Still, others were suicidal as some people jumped from the upper-story windows of apartment buildings that bordered the Berlin Wall.   Soldiers patrolling the Death Strip. KEENPRESS / Getty Images In September 1961, the windows of these buildings were boarded up and the sewers connecting East and West were shut off. Other buildings were torn down to clear space for what would become known as the Todeslinie, the Death Line or Death Strip. This open area allowed a direct line of fire so East German soldiers could carry out  Shiessbefehl, a 1960 order that they were to shoot anyone trying escape. Twenty-nine people were killed within the first year. As the Berlin Wall became stronger and larger, the escape attempts became more elaborately planned. Some people dug tunnels from the basements of buildings in East Berlin, under the Berlin Wall, and into West Berlin. Another group saved scraps of cloth and built a hot air balloon and flew over the Wall. Unfortunately, not all escape attempts were successful. Since the East German guards were allowed to shoot anyone nearing the eastern side without warning, there was always a chance of death in any and all escape plots. It is estimated that somewhere between 192 and 239 people died at the Berlin Wall. The 50th Victim of the Berlin Wall One of the most infamous cases of a failed attempt occurred on August 17, 1962. In the early afternoon, two 18-year-old men ran toward the Wall with the intention of scaling it. The first of the young men to reach it was successful. The second one, Peter Fechter, was not. West Berliners Protesting at Berlin Wall with pictures of Peter Fechters body. Corbis / Getty Images As he was about to scale the Wall, a border guard opened fire. Fechter continued to climb but ran out of energy just as he reached the top. He then tumbled back onto the East German side. To the shock of the world, Fechter was just left there. The East German guards did not shoot him again nor did they go to his aid. Fechter shouted in agony for nearly an hour. Once he had bled to death, East German guards carried off his body. He became the 50th person to die at the Berlin Wall and a permanent symbol of the struggle for freedom. Communism Is Dismantled The fall of the Berlin Wall happened nearly as suddenly as its rise. There had been signs that the Communist bloc was weakening, but the East German Communist leaders insisted that East Germany just needed a moderate change rather than a drastic revolution. East German citizens did not agree. Russian leader Mikhail Gorbachev (1985–1991) was attempting to save his country and decided to break off from many of its satellites. As Communism began to falter in Poland, Hungary, and Czechoslovakia in 1988 and 1989, new exodus points were opened to East Germans who wanted to flee to the West.   In East Germany, protests against the government were countered by threats of violence from its leader, Erich Honecker. In October 1989, Honecker was forced to resign after losing support from Gorbachev. He was replaced by Egon Krenz who decided that violence was not going to solve the countrys problems. Krenz also loosened travel restrictions from East Germany. The Fall of the Berlin Wall Suddenly, on the evening of November 9, 1989, East German government official Gà ¼nter Schabowski blundered by stating in an announcement, Permanent relocations can be done through all border checkpoints between the GDR [East Germany] into the FRG [West Germany] or West Berlin. People were in shock. Were the borders really open? East Germans tentatively approached the border and indeed found that the border guards were letting people cross. Corbis  / Getty Images Very quickly, the Berlin Wall was inundated with people from both sides. Some began chipping at the Berlin Wall with hammers and chisels. There was an impromptu and massive celebration along the Berlin Wall, with people hugging, kissing, singing, cheering, and crying. Corbis  / Getty Images The Berlin Wall was eventually chipped away into smaller pieces (some the size of a coin and others in big slabs). The pieces have become collectibles and are stored in both homes and museums. There is also now a Berlin Wall Memorial at the site on Bernauer Strasse. Luis Davilla / Getty Images After the Berlin Wall came down, East and West Germany reunified into a single German state on October 3, 1990.

The eNotes Blog Thatll Be a Gazillion Dollars, Plus Tax The High Cost ofTextbooks

Thatll Be a Gazillion Dollars, Plus Tax The High Cost ofTextbooks I remember the first time I had to buy books as an undergraduate.   I took my schedule and dutifully pulled book after book off the shelves for my courses and tried not to hyperventilate as I mentally tallied the increasing tab. Since I was a literature major, I was relatively lucky. My trade paper readings were typically between $20 and $40 dollars, but there were usually three or four required books per class. In addition to the required books, there was frequently a required course packet, a collection of copywritten essays the professor had had copied and bound. These course packets could vary widely in price, but I do not recall any being less than fifty dollars.   With a six course load, books fees were hundreds of dollars every single semester. Yet, looking at the science majors cart beside me, I knew I was getting off easy. Just one of their hefty, hardcover textbooks was $200 or more. We all stood in line and wondered just how long a person could survive on Ramen noodles Now, I graduated (staticcracklingmumbling) years ago. Okay ten years agowith my Masters degree. Since then, there have been incredible technological advances: no one knew a Nook or a Kindle or an iPad could even be a thing in the world in 2003. If we had known such innovations were coming, Im certain most of us would have guessed ebooks would have made textbooks and other materials far cheaper for students. Nope. Let me say that louder. NOPE. In fact, textbooks have gone up EIGHT HUNDRED AND TWELVE PERCENT since 1978!   Look! Ummm, what? And why? Both  The Atlantic  and  Slate  have recently written about this issue. In Slate, Kevin Carey puts some of the blame on professors who order up their wish list of course materials for their classes with little regard to how necessary the book is to their class. (I cannot say that this has been my experience as a professor, but perhaps that is because I teach in a relatively low-income district. We are all hyper  aware of how much our students have to shell out for required materials and make every effort to minimize those costs.) Carey also identifies another reason for the elevation of textbook costs: bundling.   Publishers include things like software or handbooks that you may not want or need, either as a student or a professor, but you have no choice in the matter; you have to buy the bundle. Still, the move to digital textbooks is increasing   and this astronomical rise in prices is likely a last-ditch effort for the textbook publishing moberrr.. businessto collect all the money possible while they can. I wonder whats going to happen to the price of Ramen noodles in ten years?

Facts About Phylum Chordata - The Vertebrates

Facts About Phylum Chordata - The Vertebrates The Phylum Chordata contains some of the most familiar animals in the world, including humans. What sets them apart is that they all have a ​notocord,  or nerve cord, at some stage of development. You might be surprised by some other animals in this phylum, as they are very different from humans, birds, fish and the fuzzy animals that we usually think of when we think of the Phylum Chordata. Chordates Have Backbones or Notocords Animals in the Phylum Chordata may not all have a spine (some do, which would classify them as a vertebrate animal), but they all have a notochord. The notochord is like a primitive backbone, and is present at least at some stage of their development. These may be seen in early development, and in some they develop into other structures before birth: All have a tubular nerve cord (such as the spinal cord) above the notocord, which is gelatin-like and encased in a tough membrane.All have gill slits that lead into the throat or pharynx.All have blood enclosed in blood vessels, although they may not have blood cells.All have a tail that has no internal organs and extends beyond the backbone and anus. Three Types of Chordates While animals like humans, mammals and birds are all vertebrates in the Phylum Chordata, not all animals in the Phylum Chordata are vertebrates. The Phylum Chordata contains three Subphyla. The Vertebrates: Subphylum Vertebrata. When you think of animals, you probably are thinking about the vertebrates. These include all of the mammals, reptiles, birds, amphibians, and most fish. In vertebrates, a backbone develops around the notocord, made of bone or cartilage separated into segments called vertebrae. It protects the spinal cord. There are over 57,000 species of vertebrates.The Tunicates: Subphylum Tunicata. These include the salps, larvaceans, and  tunicates  such as the sea squirt. They are invertebrates as they dont have a backbone, but they do have a notochord during development. They are marine filter-feeders, with some tunicates living attached to rocks for most of their life except for a free-swimming larval stage. The salps and larvaceans are tiny, plankton-like free-swimming animals, although the salps  spend a generation as an aggregate chain. They have a very primitive nervous system. Many think that the ancestors of the tunicates also evolved into the vertebrates. There are about 3,000 species of tunicates. The Cephalochordates: Subphylum Cephalochordata. There are only about 30 species in this grouping. They include the lancelets, which are small aquatic filter-feeders that are fishlike. They have a large notochord and a primitive brain. Their circulatory system doesnt have a heart or blood cells. Classification of the Chordates Kingdom: Animalia Phylum: Chordata Classes (the classes in bold below include marine species): Subphylum Tunicata (formerly Urochordata) Appendicularia  (pelagic tunicates)Ascidiacea  (sessile tunicates)Thaliacea  (salps). Subphylum Cephalochordata Cephalochordata  (lancelets) Subphylum Vertebrata Actinopterygii (ray-finned fishes)Amphibia (amphibians)Aves (birds)Cephalaspidomorphi (lampreys)Elasmobranchii (sharks and rays)Holocephali (chimeras)Mammalia (mammals)Myxini (Hagfishes)Reptilia (reptiles)Sarcopterygii (lobe-finned fish)