Dow Corning: Product Liability

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As a board member of Dow Corning, I vote in favor of the proposed class action settlement. If you consider the benefits associated with this option they far outweigh the costs of declining the settlement. By late 1, 10,000 suits were filed against manufacturers of breast implants. When you consider the amount of time that would be forfeited in dealing with all the cases individually it is an absolute waste. We as a firm need to bite the bullet and pay for our negligence, regardless if we believe that we were at fault or not. The individual law suits that would undoubtedly last for what would seem like an eternity will promote negative publicity for our entire company and slander our company name. In reality we have more to lose if we don’t accept this settlement. There is also a considerable outside risk associated with prolonged litigation and you have to ask yourself how long you would want the aftermath to linger. The possibility of women opting out should not be given much attention. Past instances show that it is more difficult to enter into a lawsuit on your own rather than being part of a class action suit. The jury could possibly view these individuals as being greedy and possessing thoughts that our generous settlement was not good enough for them. As a member of the board, I strongly recommend the acceptance of this proposed settlement.


Financially it is in our best interest to go ahead with the settlement. The cost of litigations more than doubled from 11 to 1 and in 1 it drastically increased by $571 million. By means of careful planning we have set aside an implant reserve that totals $1.1 billion. The proposed settlement calls for a total fund of $4.5 billion where our contribution would total around $ billion. In hopes that our insurance company will pay for half of our payment we can be expected to pay around $1 billion. Financially the best option for us is to accept the settlement because we already have the necessary funds on reserve. If you add up the costs of each separate lawsuit they would greatly exceed the $ billion settlement. We must also ask ourselves how important this product is to our company. In 170 medical implants accounted for only 1% of our total sales. In 1 we announced we were dropping out of the breast implant business altogether which proves that this product is not worth the risk.


Bearing in mind that the scientific evidence that would be brought to the juror’s attention during trial would not work to our advantage, it gives us even more reason to accept the settlement. The internal memos that have surfaced will show the jury that we were aware of the diminished quality of our products, “When will we learn at Dow Corning that making a product just good enough always leads to products that are not quite good enough?” Although at times we made valiant attempts to correct the defected products, the evidence will work against us.


Everyone at DCC follows the Corporate Code of Conduct that was first introduced in 176 and we have prided ourselves on our high level of ethical behavior. Though some individuals may disagree, DCC acted in the most ethical way possible. We sought ways to reduce potentially harmful products by strengthening the outer walls of the implant to decrease the occurrence of ruptures and actively worked to correct gel bleed in our products. “Safe does not mean risk free”, DCC and the public were aware of the potential risks but their decisions were guided by the benefits. We have an obligation to our customers and the medical community as a whole. It is our responsibility to inform customers and distributors of potential hazards.





The situation that DCC is facing has become all too common over the years. The media continues to do what they do so well; exasperate the public while creating generalized anxiety among the two million women with breast implants. Newspaper headlines and television news reports formed a false picture of our company. The media led the public to believe we were unethical and undaunted by the well-being of our customers. Thus, the media helped create the spark that fueled the flame of thousands of individual lawsuits.


The onslaught of lawsuits against the breast implant community turned the heads of the legal community. Billboards advertised legal services that were aimed directly at women with breast implants. In general attorneys filed suits on a contingency basis in which they would receive anywhere between 5%-40% of their clients compensatory and punitive damages. We could not depend on the jury to rule in our favor because they tend to base their decisions on the sympathy they would possess for the numerous women. On the other hand, the judge presiding over the cases would be more inclined to rule more objectively.


Interest groups had mixed emotions regarding their stance on the DCC controversy. The Public Citizen group fought hard against our company. They obtained internal company studies that suggested that silicone was in fact cancerous. Public Citizen created a “How to Sue” kit which contained potentially incriminating evidence to aid women in their legal battle with DCC. Odd as it sounds several breast cancer support groups backed DCC. They presented evidence that .5% of women with breast implants were in fact satisfied with the product. Some women argued that it was a violation of women’s rights to choose what was best for her body. It is quite difficult to hold doctors accountable for the complications associated with breast implants. Because memories pertaining to specific patient consolations fade over time, the cases against the physicians rarely hold up in court. Driven by the power of money plaintiffs soon realize that doctors lack the financial prowess to fund numerous claims therefore the plaintiffs set their sights on the deeper pockets of large corporations.


Economically the product liability system should function similar to that of an insurance policy like our class action settlement. The established funds will serve to compensate those individuals that were injured. This system provides the manufacturer with an incentive to produce a safer product but unfortunately, some firms are forced to drop out of the industry because of either possible risks or lack of resources.


Politically the product liability system takes on the role of a lottery, which clearly demonstrates the “big gains to few, small costs to many” concept. Many cases show signs of opposing factions but in the end an equitable solution is rarely achieved. Society overall will not benefit from the politically based product liability system and productivity and innovation will be impacted negatively. Prices will ultimately increase and the potential for new and innovative products will drop considerably. In order to protect the overall benefits of society an apposite balance must occur between cooperation and competition.








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when the saints come marching in

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Oh when the saints come marching in. What tis anything but this phrase means? Who are the saints exactly? Why are they marching? Everyday and everywhere people sing this song, but are they really saying? They love saints and they want to see them them march. The best way to sing this so with the accompany of the trumpet. The trumpet is a brass insturment made for going toot, toot with. A little boy off in the distance plays this song. All of the sudden, saints come marching in and his whole world changes! Oh no! Oh my!


Another way of looking at why the saints like to march is by looking at their costumes and if they are fitted enough. When thinking about the saints marching, the image of the saint parade comes to mind. What is better, listening to dumb saints babble smart things or smart saints babble about dumb things. The second choice is prefered by many because you should never trust a dumb saint, escpecially one such as this one. You talk, I talk, we all talk. Is that two arm fifty greasy words park minimum sneeze over shoesale yet? Legos I blank guess smelly not.


After marching with the saints and having the saints march with us, it is completely normal to go to sleep. What you do now, is read the last two sentences. Only this time read only every other word starting with Is. I am so smart. Smarter than those saints. Has anyone else tried that. Im a moocher! Sorry! when the saints go marching in song





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Censorship of Japanese Anime in the United States

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Japanese anime is a visual art style that has become increasingly popular in western culture over the past five decades. The recent explosion of anime shows has caused concern by American parents over the violence and sexual content that is occasionally exhibited in episodes that are loosely edited. Mainstream anime that is heavily edited has also caused pandemonium, mainly by the anime otaku (fan base) in America who are accustomed to viewing anime in its full and unedited form. Even though it is good that parents are concerned about what their children are viewing, I personally believe that anime should have the same right as any other American program to be shown on television, or at least be sold in stores, as an unedited art form.


The main reason for the debate over anime content stems from the differences between Japanese and American culture. The Japanese are a bit more lenient as far as censorship goes. The Japanese government adopted most of its constitutional basis ironically from the United States after World War II and strongly exercises a right similar to the First Amendment. Much of the content seen in Japanese media has been lightly, if at all, censored. Only recently has the Japanese government attempted to make laws and obscenity codes concerning child pornography and depiction of pubic hair and genitals (Reyes). The American government, however, has had no clear definition of obscenity. In spite of this, any material that contains objectionable material is usually subject to be censored to some degree. Anime is considered to be a serious art form in Japan, and a good percentage of shows and manga (comic books) are of visual artistry. Many Americans who know little about anime view these shows as strictly cartoons for children, and a lot of the time they are treated as such. For example, the anime and manga (comic book) series Sailor Moon, created by Naoko Takeuchi, was originally targeted as a show for teenage girls in Japan. Sometimes the show would contain innocent scenes of nudity, such as the main character taking a bath. When Sailor Moon was brought to the United States, the show was marketed mainly to children. Parents most certainly would not allow children to view nudity of any kind, so the production company of the American version was forced to edit these scenes out, along with other scenes as well. Japanese anime is generally “created for college students and adults, and most of the anime that is for kids is created in a culture where kids are not limited to G-rated programs,” (Jedi Master Thrash’s Anime Page). When an anime series is syndicated to American television, a great bit of the mature content is cut, and as a result, the show is drastically altered.


Japanese anime goes through two types of basic editing before it is shown on American television. The first type of editing is for censorship of the questionable material. Sailor Moon went through many drastic censorship cuts in the first two seasons. The most notable edit that the show’s producers made was the theme of homosexuality. In the first season, the relationship of male villains Zoicite and Malachite was altered, and the producers changed Zoicite’s gender to make the relationship seem more acceptable to American viewers. Another production company picked up the series for seasons three and four, and even though the censoring was not as severe as the other producers, it was still noticeable. Fish Eye, another male homosexual villain in season four, was not as drastically butchered as the previous characters in season one. His character was still basically the same as the original Japanese version, but his comments made about his attraction to other male characters on the show are not heard on the American version. Season five of Sailor Moon has yet to be dubbed because some of the characters on the show change gender in their transformations. I think it is ironic that a country that preaches individuality and non-discrimination would go to such lengths to edit out scenes that educate young children about different lifestyles.


Some production companies also go as far as to edit out or alter scenes concerning Japanese culture. On the show Cardcaptors (Card Captor Sakura in Japan), the main character says she is eating hamburgers but she is clearly eating sushi. Some people might say that “in order for a series to sell and be successful in the United States, the viewers must be able to understand the programs,” and since the main audience is children, “the networks will cater the series to the children’s ability to understand the shows,” (Anime in America). In my opinion, this type of editing is unnecessary and actually confuses young viewers. Anime should be shown so people can “learn about another culture, and experience foreign thoughts, not to change them to match domestic culture,” (Jedi Master Thrash’s Anime Page).





The second type of editing that all anime series go through is arguably the most unnecessary. Typically, an anime shown in Japan takes up the full time it is allotted. However, American shows are usually about 18-4 minutes long on average in a 0-minute time slot. Because of commercial time, the whole Japanese series cannot be shown on American television. As a result, bits of scenes are cut out to fit the time constraints. Some production companies cut entire episodes because they want the series to begin or end on a certain day (preferably on Friday so the audience will be in suspense until the following week). In Dragonball Z, a very popular anime around the world and currently in the United States, the first two Japanese episodes were edited as just one episode on American television. Another anime show Robotech lost an entire season in American television syndication. The problem with this type of editing is that when future episodes flashback or rely on a past episode for the storyline, a lot of American viewers are confused and do not understand what is going on. Anime “isn’t episodic like American cartoons [;] it has a continuous story line, tightly linked, and any loss in that chain disrupts the entire series,” (Jedi Master Thrash’s Anime Page).


Many parents are concerned and upset with the content in Japanese anime. There was even a court case against a production company called Media Blasters in 18 concerning an angry father who claimed he bought a “mislabeled” product because it contained an objectionably obscene trailer of an anime (Reyes). The Comic Book Legal Defense Fund brought another case concerning obscenity charges to court. They claim that on two separate occasions, a copy of the adult manga “Legend of the Overfiend” was sold to an undercover cop and a member of the PTA (Reyes). Even though both of these people were adults over the age of 18, the sitting judge of the case denied the motion to dismiss the case. The truth is most parents are not around during the afternoon hours when anime is shown on television. But some parents that are monitoring what their children are watching seem to be offended particularly more so with Japanese anime than other programs, which contain considerably more violence and sexual situations than anime. It all stems from the fact that older generations of American society are not informed about anime and assume it is meant to be strictly children’s cartoons. Producers have added to this confusion by marketing to children, selling action figures and school supplies that the parents are buying. So the parents ultimately expect a wholesome show that their children can watch without being traumatized and corrupted. Honestly, there are rarely any shows on the air that children want to watch that are free of questionable content. As long as our society remains corrupt, a reflection of that will be shown on the airwaves as long as it receives ratings.


On the other side of the spectrum are the members of the anime otaku, who are completely offended at producers’ attempts to edit shows. The members of the anime otaku have found a common ground for bonding on the Internet and have formed several groups and started petitions against censorship of their favorite shows. Most even threaten to boycott the show if serious changes are not made. These groups know what the original Japanese version of the show looks like because most of them were fans before the recent anime explosion in the United States started. They went through much trouble trying to obtain imported videos and other apparel from Japan. Now that anime apparel is so accessible in the United States, they are angry at the quality of some of the products. Most groups feel that the censorship is “the equivalent of plagiarism,” and claim that producers alter the works to fit “our own culture and needs,” (Jedi Master Thrash’s Anime Page). The anime otaku do have a reason to be angry, but because they can be so harsh with their demands, their pleas often fall upon deaf ears.


There are three types of Japanese anime currently available for purchase in the United States dubbed, uncut, and subtitled. Dubbed anime is usually the cheapest to purchase but contains the least amount of unedited footage. Uncut anime usually indicates that a producer has left in most or all of the scenes of the original, but there is still some editing involved. These are more expensive than dubbed items but not as expensive as subtitles. Subtitles contain the original scenes and dialogue translated into English. These can be costly at times, however, the most costly anime item would most likely be an import. There is also a great difference in content whether you buy a VHS or a DVD. DVDs tend to contain more content, such as both dubbed and subtitled storylines, and have gained a good reputation even from producers who are generally heavy on the editing. Even though the DVDs are expensive, they are a great deal because they essentially contain two videos in one. For the serious anime collector, I recommend either imports or DVDs that preserve the original Japanese content. For mature children that are not quite used to the content or a first time buyer of anime, I recommend the uncut version on VHS. And of course for small children I recommend the dubbed versions of the anime. Even though I don’t really like dubbed versions of anime, they seem to appeal better to American children than other audiences.


The only solution that would satisfy both parents and the anime otaku would be the implementation of a rating system. Currently, most anime movies have mild warnings or do not have a rating at all. Dubbed and some uncut amines made for children should be rated PG so that parents know that there is some questionable content they should be aware of. Subtitles, depending on the original Japanese target audience, should be rated PG-1 for the milder animes and NC-17 for the more controversial types of anime. Hentai, or Japanese anime porn, would mostly likely fit under the NC-17 rating. Wit the implementation of a rating system, there should be more access to subtitles. It is very difficult to find a store that sells subtitles unless it is on the Internet, so to make it easier for the fans that can see mature anime, local video stores should volunteer to sell all types of anime. It is possible that producers could lose some revenue for dubbed anime from this method, but there should be an increase in anime content purchased because the consumer is finally getting what they want.


Japanese anime has certainly come a long way from the days of Speed Racer when the English words never matched the mouth movements. Without a doubt, there is a long journey ahead for anime if it wants to gain the full respect of Americans. Until the people of America can embrace anime as if it were like one of its own shows, profit-driven producers will continue to ruin its legacy and make a mockery out of a widely renowned and respected art form.











Sources


“Anime in America”. http//www.angelfire.com/pa/bonnienjess/jessbox010.html


“Censorship of Anime on Syndicate TV”. http//members.aol.com/thrashwise/anime.htm


Reyes, Luis. “Walking on Eggshells Anime and Censorship”. http//www.akadot.com/article/article-censorship1.html


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Alfred Stieglitz

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Alfred Stieglitz is known as one of the greatest masters of photography. He photographed everything that he experienced and helped people see that art is a means of communication and expression. The way he saw an image was directly affected by his emotions at the time, and he learned how to manipulate the photographs to convey those emotions.


In the late 180s, Stielglitz recalled the painters he knew envied his medium because he could produce the same results as they could. However, they would not consider photography an art because it was machine-made.


Stieglitz worked editing the American Amateur Photographer from 18 to 186, when he founded Camera Notes, a camera club in New York. He edited for Camera Notes until 10. He exhibited work by several photographers, and established a gallery in 105. In 108, Stieglitz showed work by Matisse and some of Rodin’s drawings. His photographic vision had reached past photography and into all forms of art and expression. He exhibited work by Picasso, Georgia O’Keeffe, and some African sculpture as well. The diversity of the work he showed reflected his opinion that the newly emerging held much higher importance than repetition.


Alfred Stieglitz continued to exhibit other artists’ work as well as his own and worked with the Anderson Galleries and the Intimate Gallery, as well as An American Place. It was through these galleries that he shaped American modern art.





Stieglitz believed in true, original work and when asked if some of his prints could be reproduced he scoffed and explained that everything that makes his photographs what they are would be lost in a reproduction.





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