Regulating the internet business - Free Essay Example

Law and Regulatory Requirements Relating to Internet business retailing Introduction We have been asked to advise Alfred with regard to three claims that have been made against his company Alfsoft Ltd, which is a software development and production business, in respect of its business activities. Two of these potential claims arise from the sale of software programs through his Internet website and the third claim relates to a issue regarding the legal usage of the businesses registered domain name. Issues relating to sale of products Alfredà ¢Ã¢â€š ¬Ã¢â€ž ¢s company sells software through his Internet website. This software can either be purchased online and downloaded direct from the site, or ordered online and sent out to the consumer in the form of a DVD to the buyers home address. Brian, who lives outside of the UK, but within the EU, has purchased the software using the download option and Cassy, who resides in the UK, has purchased it using the DVD despatch method. Upon installing the software to their own machines, both Brian and Cassy have experienced virus problems as a result of loading the software onto their computers and are now claiming compensation from Alfredà ¢Ã¢â€š ¬Ã¢â€ž ¢s company for the damage that has arisen as a result of this virus. Brianà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim is for business interruption amounting to  £10,000 and Cassyà ¢Ã¢â€š ¬Ã¢â€ž ¢s is claiming  £100 cost that she incurred in have to take her computer to be repaired. Electronic Commerce Legislation To eval uate Alfredà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability relating to these claims, it is necessary to understand the legislation that covers these issues. The UK has implemented the EU directive 2000/31/EC of the European Parliament by the enactment of the Electronic Commerce (EC Directive) Regulations (2002). The provisions of this act relate specifically to the performance of e-commerce and the conditions under which this should be conducted, together with the protection that is afforded to the consumer. Although this act assumes that the laws of the UK relate to a UK based e-commerce business in certain areas, it does not preclude a person from another member state from taking action according to the laws of their own state. However, in this case the person would have to request those who have jurisdiction to encourage the UK legal authorities to take action on their behalf (Office of Fair Trading 2007). In addition to this legislation, Alfredà ¢Ã¢â€š ¬Ã¢â€ž ¢s business activities would also be conducted under the Consumer Protection (Distance Selling) Regulations 2000 (see Electronic Commerce (EC Directive) regulation 10), and the law of contract and the common law duties of negligence (Rustad and Daftary 2003, p.437). The first point in the two cases in question relates to the disclaimer. Firstly, disclaimers have to be conspicuous and without any à ¢Ã¢â€š ¬Ã…“express or implied warrantiesà ¢Ã¢â€š ¬Ã‚  and should be placed in a position that they need to be read and agreed to before a consumer commences to view or download information (Rustad and Daftary 2003, p.163). Secondly, it needs to make it clear that the web-site owner utilises the site and facilities at their own risk (Rustad and Daftary 2003, p.556). Thirdly, the site does not necessarily need to explain the facility of downloading or printing information (Campbell and Woodley 2003, p.54), although most sites will contain this information. Regulation 6 and 7 of the Act (2002) covers this point. H owever, the e-commerce business has certain responsibilities in respect of security. This relates to a number of factors. For example, there is the security of information that is collected from the consumer, which needs to be protected by the selling business. In addition, and more relevant to the case being reviewed, is the security issue relating to the protection of the information that the site contains and threats that may occur, for which the relevant security apparatus should be in place, which should also be updated as required to ensure that the business is secure at all times (Rustad and Daftary 2003, p.142 and p.177). Website security needs to be maintained at the highest level available at all times. All e-commerce business has a duty to protect its consumers and a company that outdated security, or security which is inadequate for the task required, such as the downloading of software could find themselves guilty of negligence and have a liability for any damage that m ay result from the activity of a à ¢Ã¢â€š ¬Ã…“hackerà ¢Ã¢â€š ¬Ã‚  or from any virus that is transmitted with the download (Rustad and Daftary 2003, p.437 and p.505; and Spindler 2002, p.88). For example, in the case of Pegler Ltd v Wang (UK) Ltd[1] where a computer failed, the defendants would found to be liable for damages in respect of that failure and damages were assessed, although no formal records had been kept, in respect of the interruption to the plaintiffs business. Once an incidence of negligence has occurred the consumer can claim against the business and does not have to identify a particular person for responsibility for that negligence (Carroll and Others v Fearon and Others) One of the crucial aspects for the grounds for successful negligence is there sufficient evidence to enable an action. For example, should the defendant have been aware of the potential for the damage to be caused and did they take reasonable precautions to avoid this. In the case of S wain v Puri[2] it was held that such knowledge should have been available, and that the turning of a blind eye to it was no defence. The events that took place between Alfred and the two consumers identified within this case would also fall within the Sale and Supply of Goods Act (1994). This act provides the consumer with certain rights that would not normally be available to them under the normal rules of contract law, and is intended to provide for a more rapid solution to issues that arrive. The act outlines the duties and responsibilities for both parties. One of the key aspects of this act is the implied terms and conditions and of these it is the implied conditions that are the most important. Of particular relevance to the case being studied is section 14(2), which states that the goods must conform to: (a)fitness for all the purposes for which goods of the kind in question are commonly supplied, (b)appearance and finish, (c)freedom from minor defects, (d)saf ety, and (e)durability. This means that the goods must not only fit for the purpose for which they were intended, but must also be safe and free from any defects. In the case of Rogers and Another v Parish (Scarborough) Ltd and Another 1987 it was held that the goods sold, because of its defects, whilst usable were not of a satisfactory quality under the terms of the act. In section 53(a) this act also provides for the consumer to be able to claim damages that can be justifiably have arisen as a result of that breach. These implied conditions do not necessarily have to be written into the terms as they are reliant upon what the courts would determine as à ¢Ã¢â€š ¬Ã…“what a reasonable person would expectà ¢Ã¢â€š ¬Ã‚  from the performance of the act of buying the goods. Breach of Duty of care In addition, under common law, both parties who enter into a contract owe a duty of care to the other. In the case of the Sale and Supply of Goods Act (1994), this means that the seller would owe a duty of care to the buyer and visa-versa. If one party claims there is a breach of that duty, for example the buyer, they have to prove such a breach has taken place, using a number of criteria. The first of these is à ¢Ã¢â€š ¬Ã…“proximity.à ¢Ã¢â€š ¬Ã‚  It has to be proven that the person who committed the breach is required to have reasonably thought about the consequences that an act of breach would cause, and how it would affect those who suffered from it. In particular, that person has to consider the fact that those who would be most directly and immediately affected by any breach were due a duty of care. In other words, a duty of care was owed to the person who was immediately affected by the damage. The basis for this rule was laid out in the legal case of Donoghue v Stevenson (1932) AC 562, by Lord Atkin (Hodgson and Lewthwaite, 2004, p.118). Foreseeability is another criterion upon which breach of duty of care is judged. In other words could t he breach and the damage seen have perceived to be likely to occur? In determining this issue, the courts will again evaluate the level of foreseeing the possibility on the grounds of what would have been reasonably expected. However, what is excluded when approaching this area, as was found in the case of Roe v Minister of Health (1954) 2 AER 131 (Hodgson and Lewthwaite, 2004, p.82), was any action where the determination of forseeability can only be confirmed by the benefit of hindsight. Safety and security also impacts upon duty of care. In this respect one has to consider the practicality of assessing the risk and measuring that against the precautions that have or should have been taken to reduce the risk as far as possible. The case of Daniel Wilson v Governor of Sacred Heart Roman Catholic Primary School (1997) EWCA Civ 2644[3] refers to this issue. Although this case deals with a physical personal risk, the same rules apply to risks from damaged goods. To enable succes s for a claim under the breach of duty of care rules, the person making the claim has to have suffered an actual damage. It is highly unlikely that the claim will be found in their favour if there is no actual damage. Conclusion In the case of Brian and Cassy, a contract for the purchase of the software goods from Alfredà ¢Ã¢â€š ¬Ã¢â€ž ¢s company would have been formed at the moment that they both indicated, by pressing the à ¢Ã¢â€š ¬Ã…“I acceptà ¢Ã¢â€š ¬Ã‚  option on the terms and conditions, and making their payments, that they wished to purchase the product at the agreed price and, in the case of Brian, commencing the download to his own system, and with Cassy, the acceptance of the DVD and transferring the information to her computer (Spindler 2002, p.319). From that instance, these contracts would have been subject to the various legislations and regulations that have been outlined in previous sections. The conclusion is that there are several issues to be addressed. Firstly, from the information relating to the case it is apparent that the software was vulnerable to the particular virus that infected the consumerà ¢Ã¢â€š ¬Ã¢â€ž ¢s computers. Therefore, under the sale and supply of goods Act (1994) there is the potential for a valid claim from both parties. The key issue here is whether Alfredà ¢Ã¢â€š ¬Ã¢â€ž ¢s company should have foreseen this virus infection. It would be our contention that due to the fact that both of these transactions were originally undertaken online, which is renowned for the incidences of viruses, it is reasonable to suggest that such an infection was always a possibility. However, the question of the level and appropriateness of the website security arises. If it was out of date or not sufficient for the task, then the potential for the claim is strengthened. (Rustad and Daftary 2003, p.437 and p.505; and Spindler 2002, p.88). If the website was operating an adequate security system, which was regularly updated, then in may have been reasonable to assume that the software was protected. Furthermore, despite the fact that the terms and conditions that Brian and Cassy accepted contained a disclaimer, there are implied terms that would be inc umbent upon the business. For example, it would have been reasonable for the buyers to rely upon the belief that the software would have been free from all known viruses. In the case of Cassy, who received her software package through the post on a DVD, it is concluded that this consumer has a valid claim, which she could pursue through the UK courts. The reasoning for this is that, with the constant threat of virus infection surrounding software, she could have reasonably expected that the DVD and its contents would have been screened for viruses prior to being dispatched. The fact that it was still infected when it was transferred to her computer suggests that insufficient care was taken by Alfredà ¢Ã¢â€š ¬Ã¢â€ž ¢s company in minimising the potential threat from this source being transmitted to Cassyà ¢Ã¢â€š ¬Ã¢â€ž ¢s machine. In conclusion, particularly in terms of low the amount of the claim, it would be advisable to settle this case. With regard to Brian, the two signif icant differences are that he downloaded the software direct from the Internet and that he resides in a member state of the EU outside of the UK. In the first part of this, one has to consider whether Brian himself had a duty to endeavour to reduce the risk of damage. As with Alfred, it could be argued that Brian would have been aware of the potential threat from viruses that occur on the Internet and, particularly, that these threats often materialise through the transmission of data from one machine to another. Therefore, it would have been reasonable to assume that there would have been a level of protection from threat on Brianà ¢Ã¢â€š ¬Ã¢â€ž ¢s own computer that would have been capable to detecting the infection on the software, which would have rejected the download. In this case it is advised that liability, although it still exists for Alfred, may be reduced as a result of Brianà ¢Ã¢â€š ¬Ã¢â€ž ¢s own lack of security. Use of domain name Alfred has incorporated his business under the name of Alfsoft Ltd., and also registered the name à ¢Ã¢â€š ¬Ã…“Alfsoftà ¢Ã¢â€š ¬Ã‚  as a UK trademark for computer software. In addition, the domain name alfsoft.com has also been registered. All of these actions were undertaken in 2006. However, an international US competitor, Alpha-software LLC, had previously registered the trademark Alphasoft and the domain name alphasoft.com in 2001. This company is demanding that Alfsoft Ltd transfer the domain name of alfsoft.com to them on the grounds that it so similar to their own that it could be confused. They are threatening legal action as provided for by UDRP[4] policy introduced in 1999 by ICANN[5] unless Alfred accedes to their request. A domain name is an extension of a businesses promotional activity, particular in respect of e-commerce Rustad and Daftary (2003, p.82) and website use. In addition to enabling the business to promote to customers within their own national terr itory, for example within the UK by registering a domain name with the extension, .co.uk, a business can seek international marketing expansion by registering a domain name with the extension .com. All domain names are registered with an Internet provider, who charges a fee for maintaining the domain name on the Internet. As part of the registration, acceptances of the UDRG policy are now automatically incorporated within the agreement. Historically, there have long been problems with domain names. The majority of this arose from the fact that Internet users would, as Carl and Joynson (2002) explain: Register domain names for famous brands, such as MacDonalds.com and then charge the land-based trademark holder a significant amount to buy it from them. This is known as Cybersquatting. Register a name that is so alike to a well-known brand as provide unfair advantage to the person holding the similar brand (known as passing off), or that could lead to confusion for those searching the Internet. Register an abusive name, which was normally performed in cases where a person or persons had reason, real or imagined, to want to attack the brand holder. In was in an effort to address these issues that the ICANN was formed and the UDRP (1999) policy was were introduced. This policy provide for the resolution of disputes that arise in respect of domain names and set down prescribed methods of approach to be used in such instances (Campbell and Woodley 2003, p.128). Under the terms of these policies a certain number of à ¢Ã¢â€š ¬Ã…“dispute resolution providersà ¢Ã¢â€š ¬Ã‚  who have been approved by ICANN will deal with the dispute. As can be seen from table 1 below, as of 2002 there were four such providers, the World Intellectual Protection Organisation, National Arbitration Forum, eResolution and CPR Institute for Dispute Resolution, although others, including the Asian Domain Name Dispute Resolution Centre, which has three offices, have since joined this list. The first proceeding under this policy commenced in December 1999 and, as can be seen from the list of providers, in the two years following that date there were over f our thousand cases lodged, which are spread across the various dispute resolution providers. Table 1 Dispute resolution providers Source: https://www.udrpinfo.com/dcsn.php#data The most important section of the UDRG policy, and the one that is relevant to the case in question, is number four[6]. This outlines the incidences, which may lead to a dispute and potential claim as follows: à ¢Ã¢â€š ¬Ã…“4 (a) Applicable Disputes (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith.à ¢Ã¢â€š ¬Ã‚  Section 4 (b) further clarifies the term à ¢Ã¢â€š ¬Ã…“bad faithà ¢Ã¢â€š ¬Ã‚  and it is part (iv) of this section that Alpha-Software LLC is relying upon as evidence to support their threatened claim against Alfred and his company, w hich makes the following statement: (iv) à ¢Ã¢â€š ¬Ã…“by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainants mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.à ¢Ã¢â€š ¬Ã‚  To ascertain the validity of Alpha-softwareà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim, the two key elements are a) whether the registration was intentional and b) whether confusion is likely to arise. To assist in this deliberation four decisions of cases conducted through the dispute resolution providers have been studied. Facetime à ¢Ã¢â€š ¬Ã¢â‚¬Å" Case No: NAF FA0092048[7] In this case both the complainant and the respondent were in the business of website software solutions. The complainant, Facetime Communications Inc., registered their domain name in1999 and were awaiting a US trademark decision on their application for facetime.com. The respondent, Live Persons Inc registered facetime.com in January 2000, with the purpose of selling it on. The finding was that the respondent must transfer the domain to the complainant, as their use contravened all three aspects of UDRG section 4 (b). Easyjet Ltd à ¢Ã¢â€š ¬Ã¢â‚¬Å" Case No: D 2000-0024[8] In this case easyjet already owned the domain easyjet.com. However they complained that the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s registration of easyjet.net was identical and should be transferred. Their complaint was upheld, which set a precedent that the dot extension was irrelevant when deciding a case. Camco Inc v Pawnbrokers super-store à ¢Ã¢â€š ¬Ã¢â‚¬Å" Case number[9] In this case the complainant had registered Asuperpawn [emailprotected] The respondent had registered superpawn.com. The complainant claimed the similarity was confusing and requested transfer. However the claim was denied. The grounds for this denial was that a) the complainant had failed to evidence that the respondent was using the name in bad faith, b) there was no evidence to support direct competition, and c) there was no evidence to attract users by confusion. Venus Swimwear Inc v The GBC à ¢Ã¢â€š ¬Ã¢â‚¬Å" Case Number NAF FA0094234[10] The complainant had registered the trademark Venus Swimwear and the two domains venusswimwear.com and venusswimwear.org. The respondent registered the domain venusswimwear.net. It was claimed that the respondent registered the name to sell later at a profit or to dilute the name of Venus Swimwear. However, the respondent successfully argued that they were using the domain for a specific trading purpose. The claim was denied as the complaint had not proved all aspects of UDRG clause 4 (b), particularly parts (ii) and (iii). Two points can be specifically identified from these cases. The first is that the pre-existence of a trademark does not necessarily mean that a transfer would be granted. The second is that, in order to succeed, a claim must evidence that the respondentsà ¢Ã¢â€š ¬Ã¢â€ž ¢ default relates to all clauses in UDRG 4 (b). However, a point of caution should be noted. Of the cases identified in table 1, the majority have been found in favour of the complainant. Co nclusion In respect of the complaint threatened against Alfsoft Ltd by Alpha-Software LLC, from the evidence that has been reviewed the registration undertaken by Alfred appears to have been taken for the purpose of conducting sales of his companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s software. Whilst there may be a similarity in the pronunciation of the name, it is our conclusion that there is insufficient evidence to support a claim that Alfredà ¢Ã¢â€š ¬Ã¢â€ž ¢s company had no legitimate interest in using the name, nor that there was any intention to use it in bad faith. Therefore, it is suggested that the likelihood is than any such claim by the complainant would fail. Bibliography Adams, Alix (2006). Law for Business Students. Pearson Education. UK. 4th Edition Hodgson, John and Lewthwaite (2004) Tort Law Textbook. Oxford University Press, UK. Rev Edition. Marsh, S.B and Soulsby, J. (2002). Business Law. Nelson Thornes Ltd, UK. 8th Edition. McKendrick, (2005) Contract Law: Text, Cases, and Materials. Oxford University Press, UK Uniform Domain Name Dispute Resolution Policy (1999). ICANN. Retrieved 23 April 2007 from  https://archive.icann.org/en/udrp/udrp-policy-24oct99.htm WIPO Arbitration and Mediation Centre (2004). Collection of WIPO UDRP Domain Name Panel Decisions. Kluwer Law International. The Hague, Netherlands. Rustad. Michael L and Daftary, Cyrus (2003). E-Business Legal Handbook. Aspen Law and Business. New York, US. Spindler, Gerals and Borner, Fritiof (). E-commerce Law in Europe and the USA. Springer-Verlag. Berlin, Germany. Campbell, Dennis and Woodley, Susan (eds.) (2003). E-commerce: Law and Jurisdiction. Kluwer Law International. The Haque, Netherlands. Carl, Tom and Joynson, Taylor (2002). United Kindom: Trade Mark Owners: 19 Cybersquatters: 1. Managing Intellectual Property. Retrieved 23 April 2007 from https://www.managingip.com/?Page=10PUBID=34ISS=12550SID=471754TYPE=20 The Electronic Commerce (EC Directive) Reg ulations (2002). Retrieved 22 April 2007 from  https://www.legislation.gov.uk/uksi/2002/2013/contents/made Office of Fair Trading (2007). E-commerce regulations à ¢Ã¢â€š ¬Ã¢â‚¬Å" What do they do. Retrieved 22 April 2007 from https://www.crw.gov.uk/Other+legislation/E-Commerce/E-Commerce+Regulations+-+what+do+they+do.htm Sale of Goods Act (1994). Retrieved 22 April 2007 from https://www.opsi.gov.uk/acts/acts1994/Ukpga_19940035_en_1.htm 1 Footnotes [1] Pegler Ltd v Wang (UK) Ltd [2000] EWHC Technology 137; 1997 TCC No. 219 [2] Swain v Puri [1996] PIQR 442 [3] Retrieved 22 December 2006 from https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/1997/2644.htmlquery=Sacred+Heartmethod=all [4] Uniform Domain Name Dispute Resolution Policy [5] Internet Corporation for Assigned Names and Numbers [6] Mandatory Administrative Proceedings. [7] https://www.arbforum.com/domains/decisions/92048.htm [8] https://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-0024.html [9] https://www.arbforum.com/domains/decisions/94189.htm [10] https://www.arbforum.com/domains/decisions/94234.htm

Macbeth Final Draft - 1550 Words

â€Å"Ambition is like love, impatient both of delays and rivals.† – Buddha. Buddha was a wise man and knew that someone who is ambitious can get very impatient when it comes to delaying their plan and having rivals that share the same goals. Ambition is often the result of one good thing happening which leads to one pursuing their dreams more and more. Although ambition can be a good thing, it can also be bad. Twisting people s judgment on reality and making them perform actions they wouldn t normally do. Such is the case in Macbeth where ambition causes Macbeth to go through with a murderous plot to become king that involves his wife plotting the murder and going insane. In the play Macbeth, Shakespeare expresses the theme of ambition by†¦show more content†¦... Nought s had, all s spent, where our desire is not without content: tis safer to be that which we destroy, than by destruction dwell in doubtful joy. (3.2.4). When she has become Queen through the m urder of Duncan, she portrays for a moment something like disappointment, something like disillusionment. Her mind begins to become warped and distorts her ambition, driving her insane in the process. The Weird Sisters assured Macbeth that he himself should be king, but to Banquo they promised that his children should succeed to the crown. Macbeth is incensed by this decree of destiny. He is not content with the satisfaction of his own ambition. He wants to found a dynasty -- not to have murdered for the benefit of strangers. (Freud). This act alone of the witches will ensure a conflict between Macbeth and Banquo. Macbeth not wanting Banquo s children to have the throne, believing they did not earn it. This lead to Macbeth hiring men to kill Banquo. Thus ensuring that Macbeth and his family will rule Scotland, or so he thought. Conflict is a main theme of any story and Macbeth is no different. Yet, some conflict can be lead to by even the slightest foreshadowing. Shakespeare uses fo reshadowing to assist him portray the theme of ambition. All hail, Macbeth, thou shalt be king ... hereafter! [†¦] Thou shalt get kings, though thou be none: so all hail, Macbeth and Banquo! (1.3.6). This is quite obvious foreshadowing as the witches predict what will happenShow MoreRelatedWilliam Shakespeare s Macbeth 997 Words   |  4 PagesMacbeth Essay Final Draft The catalyst that initiated World War 1 is the murdering of the Austrian Archduke Franz Ferdinad in June 28, 1914. In Macbeth by William Shakespeare, the witches are the main catalyst to all of Macbeth’s crimes. From the very beginning, the witches tells us that Macbeth is very critical to their evil scheme â€Å"There to meet with Macbeth†(1,1,5). 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Competing To Be the Highest (Skyscraper) in New York

Getting high in New York is nothing new. Neither is the race to the top, to become the biggest and brightest star or the highest skyscraper. On foot, approaching what may forever be known as Ground Zero, the pedestrian is struck by the gleaming, triangulated 1WTC amidst the neighboring boxes of International Style skyscrapers, older, stone Beaux Arts structures, and historic Gothic buildings like the Woolworth Building. In November 2014 lower Manhattan moved on—getting back in business as Condà © Nast publishers took occupancy of a good chunk of One World Trade Center. Like many of the skyscrapers in New York City, you cant see up to the very top of 1WTC when youre standing at the very bottom. Only with distance can you really see a skyscraper. In 2013, with the 18th section of its spire in place, 1WTC became the tallest structure in New York. At 1,776 feet, the David Childs-design was the third tallest skyscraper in the world when it opened in 2014. The Durst Organization and Tower 1 Joint Venture LLC at onewtc.com, in charge of managing the building and leasing the office space, is promoting the venue as the tallest building in the Western Hemisphere. The steel broadcasting tower sits atop the 104-story office building built on the site of the 2001 terrorist attacks. When the World Trade Center Twin Towers were destroyed on 9/11/01, the Empire State Building became New Yorks tallest building, as it had been when it opened on May 1, 1931. No longer. Before that, the Chrysler Building was the tallest. Weeks before the Chrysler Building topped out, the Trump Building at 40 Wall Street was the highest in the land. New York City has always been a competitive place. NYC Skyscrapers Competing To Be the Highest NYC Building Year Height in Feet 1WTC 2014 1,776 Central Park Tower 2019 1,775 111 West 57th Street 2018 1,438 One Vanderbilt Place 2021 1,401 432 Park Avenue 2015 1,396 2WTC 2021 1,340 30 Hudson Yards 2019 1,268 Empire State Building 1931 1,250 Bank of America 2009 1,200 3WTC 2018 1,079 9 DeKalb Avenue 2020 1,066 53W53 (MoMA Tower; Tower Verre) 2018 1,050 Chrysler Building 1930 1,047 New York Times Building 2007 1,046 One57 2014 1,004 4WTC 2013 977 70 Pine Street (AIG) 1932 952 40 Wall Street 1930 927 30 Park Place 2016 926 World Trade Center Buildings Lower Manhattan has risen from the ashes.  The new World Trade Center buildings combine to create a startling skyline. Instead of the monolithic Twin Tower rectangles that once stood on Ground Zero, the site is a whirlwind of angular shapes and surprising contrasts of metals, glass, and stone. The first Tower completed, 7WTC in 2006, got the ball rolling at 741 feet. Daniel Libeskinds 2002 Master Plan vision of a descending spiral of building heights has been honored by all of the WTC architects. The minimalist 4WTC by Japanese Pritzker Laureate Fumihiko Maki is no exception. Given the irregular shape, states Gary Kamemoto, Director at Maki and Associates, we were experimenting with triangulating the building form and make it look very light. Besides its beauty and functionality, the 977-foot Tower 4 is being advertised as exceeding NYC Building Codes. The magnificent, triangular 1WTC designed by David Childs and Skidmore, Owings Merrill (SOM) is symbolic (its height is 1776 feet), historic, designed to achieve LEED Gold, and arguably the most secure skyscraper in all of Manhattan. The spire of 1WTC doesnt quite look like the architects initial rendering, but when the top beacon is lit, New Yorks tallest building becomes visible for 50 miles in every direction. Lets hope the guiding light attracts more and more tenants to this new urban space. Architecture needs people. Sources WTC video, 4 WTC Architect Fumihiko Maki, at www.wtc.com/media/videos/4%20WTC%20Architect%20%20Fumihiko%20Maki [accessed November 2, 2014]Additional photos by jayk7/Moment Collection/Getty Images

Essay about Death of A Salesman as a Modern Tragedy

Death of A Salesman as a Modern Tragedy It has been stated that the audience needs to have mixed feelings about the destruction of a human being for a play to be a tragedy. To establish Death of A Salesman as a tragedy, we must demonstrate that not only does the audience feel sadness due to Willy’s demise, but also they feel that justice has been exacted on Willy for his behavior. As this is the case I will first examine the reasons why the audience feels sadness for Willy, and then go on to see why it is that the audience also feels that Willy deserves the punishment which fate hands him. It is obvious throughout Death of A Salesman that Willy Loman’s life is bad, and that it is getting worse, despite Willy’s†¦show more content†¦Willy’s problems at work, however, are not his only problems, and they are not even the most serious ones he has. Another of the major problems which Willy has is his relationship with his sons, and in particular Biff. Neither of Willy’s children seem to measure up to his expectations. Willy expected his children to ‘make it big’ in the city, and whilst Happy works in the city and is doing more to gain his father’s approval than Biff , even he is not very successful, working as an assistant to the assistant of a ‘buyer’. Biff is even more of a disappointment to his father than his brother, holding a variety of temporary jobs on the great plains as a manual laborer, and also getting into trouble with the police for stealing a suit (the audience is lead to believ e that Biff’s stealing is not an isolated incident). Willy believes that Biff could have made more of himself, a fact which he doesn’t hide from Biff himself, and this seems to be the main cause of the tension between the two of them (though, as I will discuss later, the real reason actually lies in the past). 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Qualitative Research and Data Analysis - 875 Words

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Strategic Management Competitiveness & Globalization

Question: Discuss about the Strategic Management Competitiveness Globalization. Answer: Introduction Strategic management is a practice by which organizations or other business units with an aim to develop come up with ideas to form their goals and objectives and a way of implementing them for the growth of the organization in both output and input. This practice is continuous and changes as the organization grows and is mainly done by the executives based on the available resources, internal and external surroundings that the organization competes against(Hitt, Hoskisson Ireland, 2017). The process is carried out in five stages and failure of one results to the failure of the organization, these are, goal setting, analysis, policy formation, policy implementation and policy monitoring. Woolworths Limited is a company in Australia that gives take away services to liquor retailers proving to be the giant in the field. In 2016 August, the company happened to be in the news for making a huge loss of $1.235billion and 40% decrease in its basic earnings from its Australian food and gaso line business. Strategic management theoretical concepts Theoretical concepts are a set of ideas that have not been confirmed, they give assumptions to inform questions that human beings ask in any given field. May it be in health, education, and economics among many other fields. In strategic management, theoretical concepts give a view of social construction in that, the external and internal world of organizations is important for its primary and secondary functioning. Some of these theoretical concepts include; institutional theory, resource dependency theory, agency theory and game theory. Institutional theory, this is a concept that has clearly showcased organizations as agents not only seeking to maximize economic prospects but also act within the set social norms and expectations that characterize managerial choice (Bonnafous-Boucher, Rendtorff,2016). The set social rules provide frameworks for an organization to understand other related social institutions and dictate the right code of behavior to fit both the society and the set level of social prescriptions within the organization if taken for granted it becomes hard to change or resist. These are transmitted by the assistances of state, analyst, consultants and other related agencies. Conformity to the prescriptions instead of doing what is expected affects the level of efficiency and other economic problems making the organization face institutional complexity and may result to disagreements thus instability. The theory clearly illustrates that many institutions or rather organizations are not original and ten d to adopt comparable strategies and managerial provisions, this greatly contributes to the lack of effectiveness and efficiency in their daily provision as nothing is unique to make it better than others. Resource dependence theory (RDT), is a concept that gives a view on the importance of external controls of an organization affecting its performances. Involvement of external resources is important in both strategic and tactical management of the business to help achieve its set goals. The theory also has aspects of the process of recruiting staffs in the company, means of production strategies, and extensity of contract structure among others. It suggests that no firm/company that can survive alone without interacting with other relevant firms and personnel in terms of resources, ideas and other relevant abilities to help in the growth of the company. Since not every single firm that can be able to come out with countervailing enterprises for required capitals, they should go to the principal of scarcity and criticality. These are critical resources that an organization cannot function without making it come up with various alternatives to help it acquire the critical product for it s functioning. The theory also gives a view of competition that a firm face with other firms that makes the top management decisions to be made in a way that fits also those who are not leaders. Managers and other leaders understand that the firm's success is tied to customers demand as their performance is reflected when customer outcome is positive, making the customer be the crucial resource on which the organization depends on. Agency theory, this is a perspective that gives an overview of how organizations experience a range of conflicting interest from internal forces with different interests but within same assets. This means disagreements between managers of a company, shareholders, board members and at times even other influenced staff agents. The theory tries to explain that relationship between two core principals of the company and agents is of great importance and in any case, they disagree they should reconcile as it risks the companys performance. It also goes ahead to explain that conflicts arise when liaising parties have dissimilar attitudes towards the risk with different goals with the division of labor causing an agency problem. Conflicts between managers and shareholders may relate to the profits of the company and the rate at which they would be paid as dividends in relation to the investment capital to be retained. All shareholders are investment goons to own a certain amount of any comp anys profits they have shares since its their primary role and if not respected they tend to cause conflicts especially to the managers who are solely responsible for coordinating and controlling the companys outcomes. Other reasons for their conflict may be as a result of social responsibility policies and other companys ethical policies that directly affect the managers and shareholders and may not be in line with their specified interest. As a result of selfish attitudes and inappropriate behaviors by some managers who seek to optimize their personal utility at the cost of the companys shareholders may compromise the best interests of the firm contributing to poor outcomes thus enhancing conflicts with bad relations. These conflicts result to increase in the cost of agency cost of the company to help retain a focus on the main goals and objectives set at the beginning. This involves expenditure cost to restructure the company as desired to help limit any unwanted managerial behav iors by appointing new team members to the board of directors, rearranging the firms industrial components and administration ladder. Secondly, opportunity cost suffered when shareholders impose limitations that greatly affects the company management. This cost can be prevented by reducing conflicts that arise from the organization executives. Also, the theory gives a solution to the numerous conflicts by suggesting that board of directors in the organization practice the role of monitors hired by the shareholders to act over executives. Examine and evaluate critically how these theoretical concepts influence managerial practices in Woolworth Limited in Australia. Institutional theory concept on company surrounding, intellectual and regulative arrangements illustrates that firms are formed on the basis of the taste, norms, and beliefs of the external environment and not necessarily the internal factors (Parnell, 2013). To enhance the beliefs of the social constitution within the firm and not in accordance to what the founders or the owners wish to achieve believing that this will enhance the level of productivity and achievements of the organization. Critically, this is not the case by the companies formed today. They are formed on the basis of the owners wishes, available resources that affect the nature or intensity of the company to be formed. The hiring of members of staff, managers, and board of directors is in accordance with relations, the amount of responsibilities, the interest of the founders and in very minimal cases in accordance to past performances as well as qualifications of the individual. In the case of Woolworth Company, ser vice delivery and company performances are in relation to the set goals and objectives with an aim of retaining its position as one of the largest companies in Australia(Prasad, 2015). Though in action as expected by the customers, the companys retailing liquor services is based on the terms agreed upon by first the top management and the customers dictated rights. The current situation at Woolworth of $1.235 billion loss has been as a result of poor observance of the set goals relating to other external factors. Resource dependency theory concept on the association of a company and resources from external factors as well as the lack of independence functioning is applicable. This is because the society is a diverse content and constitute of different people with different beliefs and values thus influencing the type and level of services to be delivered by any given company (Hill, Schilling, Jones, 2017). People have different knowledge that needs to be provided to different firms to enhance the type of services offered thus there is the interaction between companies to help exchange a series of ideas. Critically, advancing technology has proven otherwise that its not a must that companies rely on each other in order to acquire knowledge (Parnell,2013). This is because all relevant business, managerial and other important ideas have been shared on the internet. Though still important for organizations to depend on each other, it's not as much as it was before since relevant ideas and simplif ied sources of labor can be easily accessed using technology. Woolworth Limited has critically defected from this concept in that extensive resources are acquired and assimilated using technology. Example, fetching of raw materials to form the liquor and other hotel and supermarket products is done online. Picking of orders and delivering services esteemed customers as well is done online hence confirming it challenging to mainly depend on other firms. Though competition has been the main challenge facing the management in the company, it has not been as a result of overdependence of the company but of other poor management factors. Customers are the key resource of the company but that does not mean they dictate the ways in which the company is conducted. Evaluation on this is that a company cannot depend on other firms at a high percentage for it to maximize its productivity. Agency theory concept on conflicting executives to affect the companys performance is real and happening in companies today. Board of directors, shareholders and managers having separate and distinct interest but within the same company is something to be acted upon. The management ability to control and coordinate the firm's activities towards the set goals and objectives has proven challenging as a result of the increased conflicts between top leaders. Shareholders and managers conflicting over the organization's profits and a number of dividends to be shared in relation to investment capital results to the unstable level of coordination since no direct convergence of leaders while making critical decisions of the company (alTlman, 2007). This is a major problem that has been greatly impacting on the firm's performances, efforts to solve it have proven futile as many companies opt to change the management team rather than conforming the one present forgetting even the new team coul d experience the same challenges. These conflicts also result to increased cost that may result to some shareholders defecting from the company with the fear of making both discoverable and undiscoverable losses. Though the conflicts dont just arise at once, the theory puts it like it is an improm2 problem that happens without a procedure that cannot be viewed if the company leaders actively review what happens on a daily basis (Verbeke Merchant, 2012). This is not the case as any serious problem affecting a company must have developed in the cause of time the company has been functioning and only proves the ignorant part of the concerned parties to identify the problem. Woolworth Limited has experienced the same management problem resulting to it making a huge loss in 2016. The management made a piece of disturbing decision to expand on the hardware stores that was a disaster and proved a bed of failure due to poor management and poor incorporation of both staffs and customers. Co nflicts among the executive team who are believed to be the sole directors of the company may have resulted to this poor coordination of activities that could have given a positive result. The company now faces challenges in getting trust from its customers and the countrys fraternity as well, especially the board of directors who are not free to make any critical decision that directly affects the competence of the company without consulting the business experts or analysts relating to that field(Bontis,2002). This is a problem that could be prevented if only the companys top leadership was keen enough to observe that the hardware stores were not performing as they were expected to by both the company executives and other concerned stakeholders. Recommendations to enhance strategic management These are initiatives that provide a framework on which organizations improve their skills of management to help achieve their stipulated goals and objectives. They involve the top management, resources, stakeholders as well as other organizations as discussed above by theoretical concepts. Practices involved in the strategic management of any given company lays a strong foundation on the basis at which the company delivers and therefore needs to evolve with time and technical advancement. Some of these recommendations include; Formulating organizational goals. These are policies intended to motivate the proceedings of the company to help evaluate its performance. An organization's management should formulate its goals and objectives in relation to performances and social interaction between business analysts and experts to help come up with the right policies. Unlike in the concept of institutional theory of strategic management, the policies should not exceedingly favor the social norms of the external factors forgetting the instilled business expectations from the experienced parties. Policies are very important to help monitor and evaluate the organization's developments and should be implemented accordingly as expected. In the normal cases, the people who need to be involved during the policy formulation are the chief executive officers (CEO) and their assisting managers and the main management team, the CEO, in turn, engages with the governing body who as well engages with the other concerned groups h elping to respect and present their ideas. During the process, the CEO and the managers should avoid being caught in the act of ignoring their respective code of conduct as it results to loss of trust within and outside the organization. Long term organizational objectives. Set aims of an organization should be long term to help describe the present and future expectations by the stakeholders. This is important to give ways and measures relevant to staffs and other service providers within the firm to maintain a positive output outcome (Witcher, Chau, 2010). The target group should be clearly defined and their rights and benefits clearly illustrated to help maintain a clear customers outlook with a target figure placed in a way that its not to be assumed. The benefits should not be complex making it easy to understand and with empirical clarification. This is unlike what is explained by the institutional concept on involving the external factors without making them aware of their benefits. Define strategic choices for the organization and with profound alternatives. This is the practice of stating what comes first then the other in the objective list, that is, what is to be achieved first and its clear defined alternatives to help plan for the big goals. Important plans should start the list respectively following the agreements by the top management and in relation to organizations goals and objectives(Moore, 2001). This strategy should not exhaust all available resources since there are others to follow only that they are to lead. Like in the case of Woolworth Company where the hardware exhausted the resources resulting in huge losses, the company should, therefore, generate options on strategies to be followed. By defining strategic choices, an organization can improve its adaptability in relation to environmental changes that can affect its activities and by acquiring alternatives similar to the present approach. Resources evaluation. Organizations should clearly evaluate the available resources to enable the management form objectives that clearly are in line with available resources. This is important to prevent the embarrassments that motivate the resource dependency theory that states organizations have to depend on others to from time to time for resource provision (Dobson, 2004). Critically, it is not must that organization depend on others for resource provision if they evaluate their resources carefully. For the resources in terms of ideas, they can easily access it through advancing technology if they adapt the various modern trends in organizational strategic management. Fostering a collective understanding among leaders of an organization. Conflicts in institutions mainly result from lack of understanding among top leaders about their shared social responsibility and application of set rules and objectives (Prasad, 2015). Possibly, a clear well written down document on how each and every leader is expected to behave should be instilled as one of the companys objectives and signed to act as a law. This would greatly solve the level of conflicts arising from the misunderstandings arising from leaders (Enz,2010). Critically, its unlike of what the agency theory state about conflict and their level of defect in the organization's performance, that in most cases conflicting management results to sacking as one of the major solutions to conflicts between leaders. Creating a better understanding among leaders and clearly defining their roles and the companies program initiatives at higher levels help solve the problem. Adopting new innovations. Organizations that have adopted the new innovations in the business field have low chances of experiencing managerial problems. This is because more people involved with these organizations have adopted the models making it easier to perform their roles as stakeholders. As a result, organizations should adopt the new trends like a use of computers and internet services for transactions. Critically, the external factors though well versed with the business information they can be misleading to organizations and may even result to them making losses. Managerial training. All firms top management teams personnel are expected to be highly trained with the ability to lead, coordinate and control other staffs. To enhance this, the strategic management team should be well versed to help the management understand their roles leading to achievement of organizational goals. Conclusion Strategic management process is very important for every companys welfare. To perform its duties and deliver to the stakeholders as expected as well as rise to its goals and objectives. Theoretical concepts put across views on how well organizational planning and controls takes part and are key to achieving any set goals and objectives. Giving a way to strategize on institutional resources and aligning priorities with an effect to resources as well as the importance of conventional relations with other companies for its growth and eventually develop. Conflicts among leaders of a company are not supported and should be at minimal cases and if any resolved with immediate effects since they are the main controllers of the unit to help achieve set objectives. Endorsements on how to improve organizational strategic management are crucial to giving views on better management strategies and should be supported to help develop the economic field. References Hitt, M. A., Hoskisson, R. E., Ireland, R. D. (2017). Strategic management: Competitiveness globalization. Haberberg, A., Rieple, A. (2007). Strategic management: Theory and application. Oxford: Oxford University Press. Hitt, M. A., Ireland, R. D., Hoskisson, R. E. (2016). Strategic management: Competitiveness globalization Hitt, M. A., Ireland, R. D., Hoskisson, R. E. (2007). Strategic management: Competitiveness and globalization; [concepts and classes]. Mason, Ohio [u.a.: Thomson South-Western. Moore, J. I. (2001). Writers on strategy and strategic management: The theory of strategy and the practice of strategic management at enterprise, corporate, business and functional levels. London: Penguin. Hill, C. W. L., Schilling, M. A., Jones, G. R. (2017). Strategic management: Theory. Bontis, N. (2002). The Strategic Management of Intellectual Capital and Organizational Knowledge: A Collection of Readings. New York: Oxford University Press. Becerra, M. (2009). Theory of the firm for strategic management: Economic value analysis. Cambridge, UK: Cambridge University Press. Prasad, K. (2015). Strategic management. Place of publication not identified: Prentice-Hall Of India. Verbeke, A., Merchant, H. (2012). Handbook of research on international strategic management. Cheltenham: Edward Elgar. Parnell, J. A. (2013). Strategic management: Theory and practice. Kim, W. C., Mauborgne, R. (2015). Blue ocean strategy: How to create uncontested market space and make the competition irrelevant. In Wilkinson, T. J., In Kannan, V. R. (2013). Strategic management in the 21st century. Santa Barbara, Calif: Praeger. Witcher, B. J., Chau, V. S. (2010). Strategic management: Principles and practice. S.l.: Cengage Learning. Dobson, P. (2004). Strategic Management: Issues and Cases. Oxford: John Wiley Sons. Ginter, P. M., Duncan, W. J., Swayne, L. E. (2013). Strategic management of health care organizations. San Francisco, CA: Jossey-Bass, Wiley. Enz, C. A. (2010). Hospitality strategic management: Concepts and cases. Hoboken, N.J: John Wiley Sons. alTlman, S. B. (2007). A new generation in international strategic management. Cheltenham, UK: Edward Elgar. Bonnafous-Boucher, M., Rendtorff, J. D. (2016). Stakeholder theory: A model for strategic management. Information Resources Management Association. (2017). Organizational culture and behavior: Concepts, methodologies, tools, and applications. Hershey: Information Science Reference. Harrison, J. S., Enz, C. A. (2005). Hospitality strategic management. Hoboken, N.J: John Wiley Sons. Becerra, M. (2009). Theory of the firm for strategic management: Economic value analysis. Cambridge, UK: Cambridge University Press. Cunningham, J., Harney, B. (2012). Strategy strategists. Oxford: Oxford University Press. Knox, M., Knox, M. (2015). Supermarket monsters: The price of Coles and Woolworths' dominance. Collingwood: Schwartz Publishing Pty, Limited.

C-Section free essay sample

The Ethics of Refusing a Caesarean Section April 2004 e -Cases in Ethics * In January of 2004, Melissa Ann Rowland—a young woman with a long history of mental illness—refused to undergo a Caesarean section that doctors said was necessary to protect the lives of her unborn twins. Doctors told her that low amniotic fluid and poor growth placed the twins in danger, but she refused the surgery until too late, reportedly on cosmetic grounds—she is alleged not to have wanted the resulting vertical scar. * In 1987, Angela Carter, who was dying of cancer, also refused a C-section. She sought to remain pregnant until the 28th week of pregnancy, the point at which doctors had once told her her baby would have the best chance to survive. At 26 weeks, however, physicians felt that the child had a 50% chance of surviving outside Angela’s dying body, and virtually none if the surgery was not performed. We will write a custom essay sample on C-Section or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Angela’s condition had deteriorated to the point that her understanding of the implications of refusing the surgery was unclear, but she seemed to refuse the operation. Her distraught husband and mother would not consent to the surgery. It is hard to imagine anyone reading either of these stories and not having a strong reaction. Reactions are radically different, however, depending on the ethical principles on which they are grounded. For example, there are those whose arguments stem from the belief that there is an ethical duty, rooted in beneficence, to save innocent human life—even if unborn, and especially when as close to term as the ones discussed here. On the other hand, there are those whose arguments are grounded in the belief that the paramount ethical duty in these cases is to respect the autonomy of the mother. They echo Supreme Court Justice Benjamin Cardoza, who established in 1912 that â€Å"Every human being of adult years and sound mind has a right to determine what shall be done with his own body. † To force a woman to undergo surgery against her will violates the critical ethical requirement for informed consent. When balancing ethical questions regarding the protection of human life against respect for personal autonomy, it is obvious that cases involving pregnant women present uniquely thorny challenges. Is a pregnant woman a person who carries within her body a human with fewer rights than she, or is she carrying a person with the same rights and human dignity that she herself possesses? Even for those who believe—as the Catholic Church clearly and unequivocally teaches—that an unborn child is from the moment of conception a person with all the human dignity of one who has been born, the answers are not simply â€Å"either/or† matters. That is, we cannot settle for respecting either the rights of the mother or those of the fetus; the rights of both must be both honored and carefully balanced. There are many questions that deserve critical consideration regarding the extent to which society can intervene to keep an unborn child from harm’s way. Should we (or could we), for example, physically confine all mothers who smoke, use drugs, or consume alcohol? What about busy expectant mothers who disregard doctor’s orders to rest? More pressing, and more relevant to health care, are questions that ask the extent to which a pregnant woman might be obliged to put herself at risk by consenting to fetal surgery. These issues hover in the background throughout the discussion here of cases in which C-sections are believed necessary to save a viable fetus from what is believed to be certain death. In Angela’s case, medical professionals believed such surgery to be the only real hope of survival for her child, despite the fact that surgery would probably hasten the end of Angela’s own exceedingly tenuous grasp on life. In Melissa’s case, doctors also argued that a C-section was required for the sake of her unborn twins, while accepting that it placed Melissa herself at minimally greater risk than would a vaginal delivery. When the court- ordered surgery was performed on Angela, the infant lived for only two hours, and Angela herself died two days later. When Melissa finally agreed to surgery, weeks after it was first encouraged, one of the twins was stillborn. (A factor in Melissa’s case that cannot be ignored is the lack of timely action on the part of the medical profession, when her mental illness was clearly apparent. Why did they not intervene, when they clearly believed the lives of both twins to be in jeopardy? The central ethical questions in these two cases, from the perspectives of the two sides of this controversy, are whether a mother’s autonomy rights can be trampled by cutting open her body against her will, versus whether a mother has the right to allow her child to die within her when the child’s rescue is easily attainable. Both sides ask if and when the State should be involved in such cases. Nevertheless, such intervention is often sought, with inconsistent resu lts. In Angela’s case, for example, a judge ordered the C-section, but an appellate court later decided that the refusal of Angela and her surrogates should have ended the discussion. Melissa, on the other hand, has been arrested and charged with criminal homicide for allowing her son to die; she later pleaded guilty to two counts of third-degree felony child endangerment. A number of ethical theories have been developed over the centuries to offer guidance on the issue of intervention by higher authority. One of these is the Just War Theory, which seeks to establish when war can ethically be entered into, despite the harms that may be involved. Perhaps that theory can be used to consider the cases discussed here, by reframing some of its considerations. First, for example, we can ask in these and similar cases if there is sufficient reason for the intervention of higher authority. In other words, is it conclusive that mother, family, physicians, and hospital are unable to reach an agreement before the State is involved? Second, are they confronted with a situation in which a C-section has become, or is expected to become, the last and only resort to save human life? Third, does a real threat to human life already exist, as in these cases, and opposed to circumstances when there is only possible or potential risk? Fourth, does surgery offer a reasonable chance of saving human life? Fifth, is the good to be gained—saving the life of the unborn child—equal to or greater than the harms involved, i. e. , violating the mother’s personal autonomy and cutting into her body against her will, thus putting her life at some risk? Finally, is the possible harm to the mother only risked in order to achieve the greater good of saving the life of the unborn child? These cases may seem isolated and unusual incidents, but they are, in reality, quite relevant, especially in view of the advances being made in fetal surgery. What is the answer to the question of whether a mother can ethically refuse such surgery when it is clearly felt to be in the best interest of her child—or is perhaps even the child’s only chance at life? The cases of Melissa and Angela thus have significant ethical importance not only in and of themselves, but in regard to a greater debate as well.