Vicarious Liability Essay Example | Topics and Well Written Essays - 500 words

Vicarious Liability - Essay Example The concept of vicarious liability can be substantiated in this case in numerous ways. The first evidence can be observed on the agreement signed between Robert Courtney and Eli Lilly and Company. Whereby, Elil Lilly and company were supposed to supply Courtney with Chemotherapy drugs. However, Robert Courtney started participating in pharmaceutical fraud by buying drugs from a grey market and at the same time diluting Taxol and Gemzal drugs supplied by Eli Lilly and company. This means that Elil Lilly and company had a vicarious liability due to the tortuous acts committed by Robert Courtney of whom they had a special relationship based on the agreement they had signed (Giliker, 2011). The second evidence of vicarious liability can be observed between Doctor Hunter and Robert Courtney. Doctor Hunter was supplied cancer drugs by Robert Courtney pharmacy whereby, he used those drugs to diagnose his patient without the knowledge that Courtney had diluted the drugs. This resulted to substantial harm to the patients diagnosed by Doctor Hunter. Therefore, based on this relationship Robert Courtney had vicarious liability towards Doctor Hunter’s patients. This is because Courtney was responsible for the harm that doctor hunter had caused towards his patients (Moses & Jones, 2011). The organizational parties that could be held liable in this case include: Eli Lilly and company, Bristol-Myers Squibb Company, Kansas City General Hospital where Doctor Hunter was working and finally Research Medical Towers Pharmacy Owned by Robert Courtney. Eli Lilly and company were liable because the organisation had a special relationship with Courtney. This relationship was established via an agreement whereby, Eli Lilly pharmaceutical company agreed to be supplying Robert Courtney Pharmacy with chemotherapy drugs. This means that Eli Lilly and Company had a corporate

The Lilly Ledbetter Act Sociology Essay

The Lilly Ledbetter Act Sociology Essay In January 2009, President Obama signaled his commitment to improving the lives of working women with the signing of the Lilly Ledbetter Fair Pay Restoration Act. By signing this act into law, President Obama signed a significant shift in the view of American polity toward the status of women in the workplace. While this change is significant in the upward mobility of women, only a small portion of women in the workforce will benefit from this new law. Introduction Many explanations have been offered by scholars for gender-wage disparity. Pay disparities have often been attributed to the segregation of women in certain female-dominated occupations, disparities in professional skills, education, and experience, and differences in family status, as well as the role of industry and wage structure. What that said, evidence still suggests that at least part of this gender pay gap is due to discrimination which may be subtle and even unconscious. While the pay disparity exists in nearly every traditional field, jobs associated with male roles continue to be better paid than jobs associated with roles that are considered traditionally female even though these jobs may often require the same skill level. Women dominate jobs in nursing, home health assistance, child care, teaching, cleaning, and food preparation; most of which replace things that women historically have performed in the home for free. While women are making strides in our white collar s ections of our economy, working-class America has not yet benefited from this economic and cultural power shift. Jobs held mainly by women are paid at rates that on average are 20% less than those equivalent jobs held mainly by men. Improvements in pay for women have been related to a greater presence of women in the labor force, rising educational attainment, and the movement into professional and managerial jobs, but there still continues to be an unexplained gender pay gap against women. Today, women with the same amount of education and experience earn 81 percent of what men do; although, this is better than the 60 percent they earned in 1980. This pay gap has persisted and remained relatively consistent for the past 2 decades. Historical Relevance Social Welfare Policies Recent research indicates women now make up almost half of the American work force and earn 60% of college degrees in America. Empowerment alone is not entirely responsible for this revolution. Politics has played a big role in the movement of women into the work force. A number of policies in the 1960s seemingly targeted gender discrimination in the labor market. Legislative efforts that have attempted to address this problem include the Equal Pay Act of 1963, Title IV of the Civil Rights Act of 1964 and subsequent amendments, the Family and Medical Leave Act of 1993 (FMLA), and the Lilly Ledbetter Fair Pay Acts of 2009 and 2012. These changes along with the rise of the service sector and the decline in manufacturing have supported and encouraged the entrance of women into the American workforce, but progress has not been uniform as seen in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The Equal Pay Act On June 10, 1963, the Equal Pay Act (EPA) was passed by Congress dictating that women and men must receive equal pay for equal work on the recommendation of President John F. Kennedys Commission on the Status of Women. Under the mindset that men were the heads of households and therefore where the primary income producer in families, women had previously been paid less when employed in identical jobs. Regardless of the fact that in many homes women were considered the breadwinners for reasons ranging from death or disability of a spouse, divorce, and/or single parenthood. The EPA prohibits gender-based pay discrimination among employees within the same work place who do substantially equal work. Although gender can no longer be viewed as a drawback, demonstrable differences in seniority, merit, the quality or quantity of work, and/or other considerations might merit different pay can be used if proven. The statute of limitations for filing a suit is 2 or 3 three years, depending on w hether the discriminatory act is intentional. In order to recover under the act, a woman must prove that an employer paid higher wages to men, male and female employees conduct an equal amount of work that requires equal skill, effort, and responsibility, and men and women performed the work under similar working conditions. The act establishes four main defenses for employers. An employer may pay a male employee more than a female employee if the employer can establish that payment is based upon a seniority system, a merit system, a system whereby earnings are based upon the quantity and quality of production by the employees, or a differential based upon any other factor other than the sex of the employees. While the first three of these defenses have been the subjects of litigation, the fourth exception if often litigated more frequently. The Civil Rights Act of 1964 The Civil Rights Act of 1964 is considered our nations benchmark legislation. Signed into law on July 2, 1964, the Civil Rights Act paved the way for future anti-discrimination legislation and President Lyndon Johnson asserted his commitment to President Kennedys legislative agenda, Passage of the Act ended the application of Jim Crow laws, which had been previously upheld by the Supreme Court in the 1896 case Plessy v. Ferguson.   Congress eventually expanded the Civil Rights Act to strengthen enforcement of these fundamental civil rights. These changes were needed to strengthen the original proposal submitted by President Kennedy in response to the racially-motivated violence across the South which occurred during tumultuous summer of 1963. Title VII of the 1964 Civil Rights Act and subsequent amendments prohibits employment discrimination on the basis of sex in a broader set of categories, including hiring, promotion, and other conditions of employment. It requires filing a comp laint with the Equal Employment Opportunity Commission within 180 days after an intentional discriminatory act. Although the inclusion of the word sex in the original draft of this 1964 Act was considered a joke, this inclusion has become the basis for most gender-based discrimination policy in the United States. As a result of fears regarding the impact of this legislation on his predecessor, congress adopted the Bennett Amendment into bill shortly before its passage in 1964. Interested parties feared that an employee filing suit under Title IV could file a wage discrimination case without the need to prove equal pay for equal work as required under the EPA. The Bennett Amendment provides that an employer may pay his employees different wages based on gender if the provisions of the Equal Pay Act authorize such differentiation. Executive Order #11246 On September 24, 1965, President Lyndon Johnson issued Executive Order #11246. Generally considered the nations first affirmative action order, Executive Order #11246 requires companies receiving federal construction contracts to ensure equality in the hiring of minorities. The order was amended in 1967 to include gender discrimination. The Family Medical Leave Act of 1993 The Family and Medical Leave Act of 1993 (FMLA) was signed into law by President Bill Clinton on February 5, 1993. FMLA is considered a labor standard classifying requirements for eligible employers and also a major milestone in the legal support of family life. FMLA recognizes that family life events have an impact on the workplace and requires the workplace to accommodate those events to provide job protection. Entitlements for employees who meet FMLA eligibility requirements include job protection and unpaid leave for a qualified medical and family reason. Eligible employees may take up to 12 work weeks of unpaid leave during any 12 month period for the serious health condition of the employee, parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child. An FMLA-eligible employee is an employee who has been in the business at least 12 months and worked at least 1,250 hours over the past 12 months. Work must be done at a location where the company employs 50 or more employees within 75 miles. FMLA does not apply to workers in businesses with fewer than 50 employees, part-time workers who have worked fewer than 1,250 hours within the 12 months preceding the leave and a paid vacation, workers who need time off to care for seriously ill relatives other than parents, workers who need time off to recover from short-term or common illness like a cold, or to care for a family member with a short-term illness such as child, and workers who need time off for routine medical care, such as check-ups. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) dictates that families receiving public assistance under the Temporary Assistance for Needy Families program take personal responsibility for their low-income lives and that paid work is essential to moving the family out of poverty. The PRWORA represents the change in the welfare system that no longer permitted poor families to receive assistance while staying at home with children. With the passage of PRWORA, Congress essentially ended single mothers entitlement to income support by emphasizing paid employment. The Lily Ledbetter Fair Pay Restoration Act In 2009, President Obama signed the Lily Ledbetter Fair Pay Restoration Act, which allows victims of pay discrimination to file a complaint with the government against their employer within 180 days of their last paycheck, not as previously stated the first paycheck. Victims were previously allowed 180 days from the date of the first unfair paycheck. Interpretation of Such Policies The 1963 Equal Pay Act and Title VII of the 1964 Civil Rights Act combined are thought to settle the matter of equal pay in law. In 1963, when the Equal Pay Act was passed, full-time working women were paid 59 cents on average for every dollar paid to men. This means it took 49 years for the wage gap to close just 20 cents; a rate of less than half a penny a year.  [1]  In a 2007 U.S. Census Bureau report in, median pay for women is less than of men in each and every one of the 20 industries and 25 occupation groups surveyed. In fact, men working in female-dominated occupations still tend to earn more than women working in those same occupations. According to the Institute for Womens Policy Research, if equal pay for women were instituted immediately across the board, it would result in an annual $319 billion gain nationally for women and their families (in 2008 dollars).  [2]  Over her working life, a typical woman could expect to gain a total of $210,000 in additional incom e if equal pay were the norm (these numbers include part-time workers).  [3]   The Equal Pay Act and Title VII of the Civil Rights Act are important laws, but they are hard to enforce, and legal cases are extremely difficult to prove and win. Part of the problem is that many women can be underpaid without knowing it. Many companies continue to make it taboo to discuss salaries even though in some cases these policies are unfair and/or sometimes unlawful. In addition, without knowing what a job truly pays, women can devalue themselves when negotiating a new salary. Suing is also not a practical remedy for women since awards are limited under the EPA to 3 years worth of pay, which may make it difficult to find a lawyer to accept the case. In addition, the EPA does not allow participation in class action lawsuits for wage discrimination, and since discrimination is almost never in the form of a smoking gun, women still continue to suffer from the glass ceiling and old boys network. Recent court decisions and settlements reveal women earning low wages, faced with s ystemic discrimination in hiring, pay, promotions, or working conditions. In 2011, the Office of Federal Contract Compliance Programs (OFCCP) settled lawsuits against 3 employers in low-wage industries for systemic sex discrimination.  [4]  Although this civil action is promising, the Supreme Court has recognized the fear or retaliation leads many victims of pay discrimination to remain silent. Low-wage workers face substantial risk of retaliation by standing up to an employer to challenge discrimination and often remain silent. Unavailable resources also make options for low-wage workers difficult. Women who complain are labeled troublemakers which may follow them as they seek other employment. Employers often fight back aggressively and seek to ruin the credibility of the employee as they seek to defend the company. Women are often subjected to questioning about their sexual history as well as gynecologic medical records in efforts to intimidate them in court. Legal cases can be extremely difficult to prove and win since enforcement of the laws is complaint-driven and, unfortunately, most of the information needed to prove a complaint is held by employers. Pursuing an equal pay case under these circumstances can be devastating to the personal lives and finances of the plaintiffs. The first Executive Orders addressing discrimination in private sector grew out of the unique labor market conditions created by Americas entry into World War II. The basis for these orders was felt to fall under the Presidents authority to provide for national defense. A significant national commitment was signaled by the Johnson administration to social policy. By issuing Executive Order #11246, President Johnson signaled his belief that to truly level the playing field affirmative measures were required to undo the consequences of the historic exclusion of minorities and women from many areas of the workplace. The Presidents authority to issue this Order derived from his authority to ensure that government procurement was conducted in an economical manner. The relationship between the supply of labor and these Executive Orders is evident in that the eradication of discrimination is empirically related to economy and efficiency in government. As a byproduct, research has determined the effects of affirmative action on the gender pay gap estimating that employment of women increased somewhat faster in contractor firms as a result of the effects of affirmative action, but women have seen greater employment opportunities in the economy as a whole most particularly in the public sector. In the private sector or those contractors that are not subject to affirmative action provisions, affirmative action laws and regulations are few and far between. Under Federal law, only 2 types of private-sector employers are required to implement affirmative action plans; those that have federal contracts or subcontracts in excess of $50,000 and those that have at least 50 employees. This translates to 1 in 4 American workers holding jobs in the private sector covered by mandatory federal affirmative action programs. The role of these policy changes cannot be ruled out in both the increase in the gender pay disparity. Coverage under the Family and Medical Leave Act of 1993 is far from universal and many low-wage, single-income workers simply cannot afford to take time-off from work without pay. Low-wage workers in particular would benefit from expanded paid leave policies as they are less likely to be covered by the federal policy since they are considered the working poor and are in greater need of pay during time-off from work for major life events. Women make up 59% of the low wage service-related work force with nearly two-thirds of those earning minimum wages. Women in low-wage positions often have significant demands on their time including, but not limited to holding down multiple jobs, raising children, pursing education, and training. Many single-mother families live paycheck-to-paycheck and may fear being easily replaced by their employers. Lack of information about better paying jobs or options available to them, lack of transportation, and the inability of low-wage female workers in si ngle income families to easily recover from job loss all factor heavily in a decision to challenge discrimination or remain silent. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was at the time considered a reassertion of Americas work ethic. This Act single-handedly increased the poverty rate of low-wage families, most of them headed by single mothers. This legislation was passed in the middle of the strongest labor market in decades, especially for low-wage work, and was followed by sharp increases in the employment of unmarried mothers. The hope was that as former single welfare mothers entered the labor market they would eventually climb the job ladder; although, research has shown that wage profiles for less-educated workers remain stagnant even if earnings profiles slope upward. Female workers with low levels of education not only typically earn less; they are also hit hard by the wage gap. Less-educated, low-wage workers experience little wage growth while working for the same employer and only limited gain. Their experience is also less meaningful than for that of more-educat ed workers when moving to a new employer. The occupational segregation of men and women into different jobs in the service sector explains the single-largest portion of the gender pay gap, 49.3 percent. Many jobs that women have historically held by women are underpaid when compared to mens jobs that require similar levels of skill. A traditionally male job can earn more a traditionally female job. It is not that the male job has a much higher level of skills than the female job, but that our society values these jobs differently and this is a choice we make. Jobs considered traditionally female have been systemically undervalued for such a long time that we think it is natural, but in fact this is an ongoing legacy of past discrimination.  [5]   Finally, The Lilly Ledbetter Fair Pay Restoration Act provides women with a critical tool to challenge discriminatory pay practices, but it will not change pay disparity. The Act amends Title VII and restores the law that existed before the Supreme Courts 2007 decision in the Ledbetter case with regard to the timing of legal challenges. With a record number of women currently participating in the workforce, wage discrimination hurts the majority of American families by compromising their economic security today and their retirement security tomorrow. Rising employment rates have forced an unprecedented number of women into the position of primary breadwinners for their families. This alone makes pay equity even more critical. While the Ledbetter Act does not end pay disparity, it brings women one step closure to making real progress in pay disparity. Stronger incentives are needed for employers to follow the law, women need to be empowered to negotiate for equal pay, strengthen feder al outreach, and education, and enforcement efforts such as those contained in the now failed Paycheck Fairness Act are needed. Discrimination would then be deterred due to strong penalties for equal pay violations as well as retaliation against workers who ask about wage practices or disclose their own wages. Criticism/Critical Debate The consequences of the wage gap are both widespread and numerous. When women are paid less than men, the means by which they support themselves and their families is compromised. The number of single-family households has risen dramatically over the past 4 decades. The increase in the number of single-mother families can be correlated to the increase in child poverty in the United States. Unsurprisingly, single parent families headed by women are nearly twice as likely as single parent families headed by men to live below the poverty level. Although most children reared in mother-only households do well, there may be adverse consequences for others. By earning less, women will automatically experience the disadvantage of a less stable economic status and may be less likely to question their wage status due to fear of poverty. The wage gap disparity is also visible in fringe benefits, which currently make up about 30 percent of total compensation. Lower wages means lower lifetime earnings resulting in lower pension benefits upon retirement. The lack of coverage or lower benefit levels may not be a problem for some women, since they receive benefits through a spouse, but for other women, lack of adequate health or pension benefits from their job is a serious problem. As with wages, the gap in fringe benefits is thought to be related to differences between men and women in human capital and job characteristics. Some studies contribute differences in human capital to motherhood and parenting responsibilities since women are largely responsible for childrearing in our society. The correlation is that women are felt to less likely than men to gain work experience and skills, and therefore, are less likely to qualify for high-paying jobs; however, studies have demonstrated that when controlling for sex-based dif ferences in work hours, work interruptions, and part-time work, childless women earn no more than mothers and single women earned no more than married women. Thus, these wage disparities are not exclusively attributable to motherhood, and factors other than unequal sharing in childrearing duties must be at play. Supporting studies have found that in narrow sections of students graduating from the same law school with the same amount of experience, the human capital argument failed to explain the gender-based wage disparities in the American labor force. Another consideration for the wage disparity can be found in the role of industry and wage structure. This discrimination clearly starts the second women begin their first job, and follows them no matter where they go or what they do. New graduates not only make less, but continue to make less with each subsequent degree and the gap actually widens as they progress. Women make less than men no matter what industry or occupation they enter. This can be attributed to the decline in blue-collar jobs where women are under-represented. The rise of women in blue collar jobs has benefited women in that traditionally men have been more likely to be union members than women. Union representation has historically helped to increase the gender pay gap, but the share of unionized workers who are female has increased as unions have grown in certain public sector and service-related occupations that have a greater share of female workers. This in itself has played a relatively small role in the de clining gender pay gap. Public sector and service-related occupations remain crucial for women. Women have historically been overrepresented in public-sector employment. Public sector jobs generally pay more than jobs in the private sector raising the average pay for women in our contemporary economy, but recent decisions by many state and local governments to respond to diminished revenues and budget shortfalls by cutting public-sector jobs have had substantial economic effects on women. Although state and local public-sector workers have significantly higher levels of education than their private-sector peers, they are consistently underpaid relative to similar private-sector workers in similar jobs, and the disproportionate share of women and minorities working in state and local government has also translated into higher rates of job loss for both groups in these sectors. Affirmative action has played a significant role in public sector jobs, but this has mainly benefited white women, many of which are not coming from the lower-class labor market. According to the United States Labor Department, the primary beneficiaries of affirmative action are white women. The Department of Labor estimated that 6 million women workers are in higher occupational classifications today than they would have been without affirmative action policies. Conclusion The empowerment of women is considered to be one of the greatest changes in the past 50 years. This has been manifested in equal rights acts, changes in social welfare legislation, and changes in employment legislation such as the Lilly Ledbetter Act. The changes have all in one way or another corresponded with the rises in the labor market that have both supported and encouraged the entrance of women and minorities into the American workforce. Improvements in pay for women have been related to a greater presence of women in the labor force, rising education attainment, and the movement into professional and managerial jobs, but pay disparity still persists. Historically, legislation favoring the elimination of discrimination in the workforce has been used also to support economic growth. This would suggest that the driving factor behind this legislation is not discrimination or gender parity, but capitalism/the economy. Executive Order #11246 and The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 are examples of this. The impact of these Acts on low-wage female workers is evident. More low-wage single-mother households are living in poverty at this time than ever before. In fact, there has been no legislation to date to protect part-time and contingent workers at all and their numbers are growing. These workers are not eligible for time-and-a-half overtime, minimum wage protections, and they have very little job security. Most low-wage single-mothers are also not covered by the Family Medical Leave Act. The impacts of the Equal Pay Act of 1963, Title IV of the Civil Rights Act of 1964 and its subsequent amendments, as well as the Lilly Ledbetter Fair Pay Acts of 2009 and 2012, are largely felt to be in the public sector, which is subjected to monitoring and oversight by the EEOC, and in the private sector in the form of blue collar jobs which are dominated by unions. Unions provide better benefit protection, safety protection, and job security. Lilly Ledbetter herself benefit greatly from protection in her job due to her union. Studies have shown that women who have had the benefit of being supported by union membership experience significantly less pay disparity. Low-wage workers often find it hard to unionize, especially in the private sector as this is often discouraged by employers. Workers are often bullied and intimidated to discourage talk of union membership. Strong unions in these sheltered areas would greatly benefit low-wage workers. Better enforcement of existing laws and regulations is also needed as well as stronger laws such as the Paycheck Fairness Act to address this issue. Lawsuits will not have a significant impact on pay disparity as individual wage discrimination cases are very expensive to pursue and difficult to argue. Private cases also do not have an important impact on the labor market. Class-action lawsuits are rare and are usually based on many employees and one employer or a few employers, and are generally not feasible in wage disparity cases. As previously mention, they are forbidden under the EPA. Finally, the fact that this problem is not concentrated in one area or agency makes it difficult to assess. Change is needed from outside these organizations. Federal standards should be adopted to specifically address pay inequality at all levels of government and even in the private sector. Internet Sources American Civil Liberties Union, www.aclu.com. The ACLU takes an active role in defending the freedoms granted to American citizens by our Constitution and laws of the United States in this country. The ACLU brings many discrimination cases on behalf of workers each year, testifies in front of Congress on behalf of womens issues, and works hard to lobby for womens rights in the workplace. National Committee on Pay Equity, http://www.pay-equity.org/. The National Committee on Pay Equity is a coalition of organizations working to eliminate sex-based and race-based pay discrimination to achieve pay equity. The American Association of University Women, http://www.aauw.org The American Association of University Women advances equality for women and girls through legislation, research, advocacy, and philanthropy. Its mission is a community to break through economic and education barriers so that women have a fair chance.

Bricolage: A Womans Use of Canonical Ideology :: Canonical Ideology Literature

Bricolage: A Woman's Use of Canonical Ideology le bricolage: travail dont la technique est improvisà ©e, adaptà ©e aux materiaux, aux circonstances.[1] In chapter one of The Savage Mind, Claude Levà ­-Strauss explains bricolage as a way of understanding the structure of mythical thought in "savage" societies. The term bricoleur can be used practically, to represent a kind of craftsman though Levà ­-Strauss brings the word to an analytical level, and it is with this level that we are concerned. The bricoleur's "universe of instruments is closed and the rules of his game are always to do with `whatever is at hand'"[2] so, as a craftsman, he is conservative and ecological. He works from within a structure in order to build out of it: "the materials of the bricoleur are elements which can be defined by two criteria: they have had a use.... and they can be used again either for the same purpose or for a different one if they are at all diverted from their previous function."[3] For more information on this chapter, "The Science of the Concrete", click here. In this paper, I will examine this concept as it applies to certain patterns an d ideas that exist in canonical American ideology and literature in the nineteenth century and how its double nature presents an opportunity for those "marginal" or "other" Americans. In examining this, the American writer will be considered a sort of craftsman. The concept of bricolage resonates strongly in the American literary tradition that is constructed alongside the nation itself. T.S. Eliot and Octavio Paz both support its prevalence in the tradition. They conceive of the literary canon as an ivory tower, "a closed edifice... that cracks open to allow entrance only to the work of genius - by implication, to a gifted man."[4] As Eliot perceives this monument as necessarily alterable, one which allows a new work to enter upon it if "the relations, proportions, values of each work of art toward the whole are readjusted,"[5] Paz presents a similar, though significantly radicalized view of the "constant revolt" of tradition" rather than its "continuity."[6] Paz's "tradition against itself" extends Eliot's with the notion that "what constitutes the modern tradition is the constant renewal of literary forms, as contemporary textual practices."[7] However divergent, both of these theories rely on a similar concept which shapes an American li terary tradition according to Levà ­-Strauss' bricolage: "in order to belong to tradition...

Part Three Chapter II

II ‘Wha' d'you wan'?' Terri Weedon's shrunken body was dwarfed by her own doorway. She put claw-like hands on either jamb, trying to make herself more imposing, barring the entrance. It was eight in the morning; Krystal had just left with Robbie. ‘Wanna talk ter yeh,' said her sister. Broad and mannish in her white vest and tracksuit bottoms, Cheryl sucked on a cigarette and squinted at Terri through the smoke. ‘Nana Cath's died,' she said. ‘Wha'?' ‘Nana Cath's died,' repeated Cheryl loudly. ‘Like you fuckin' care.' But Terri had heard the first time. The news had hit her so hard in the guts that she had asked to hear it again out of confusion. ‘Are you blasted?' demanded Cheryl, glaring into the taut and empty face. ‘Fuck off. No, I ain't.' It was the truth. Terri had not used that morning; she had not used for three weeks. She took no pride in it; there was no star chart pinned up in the kitchen; she had managed longer than this before, months, even. Obbo had been away for the past fortnight, so it had been easier. But her works were still in the old biscuit tin, and the craving burned like an eternal flame inside her frail body. ‘She died yesterday. Danielle on'y fuckin' bothered to lemme know this mornin',' said Cheryl. ‘An' I were gonna go up the ‘ospital an' see ‘er again today. Danielle's after the ‘ouse. Nana Cath's ‘ouse. Greedy bitch.' Terri had not been inside the little terraced house on Hope Street for a long time, but when Cheryl spoke she saw, very vividly, the knick-knacks on the sideboard and the net curtains. She imagined Danielle there, pocketing things, ferreting in cupboards. ‘Funeral's Tuesday at nine, up the crematorium.' ‘Right,' said Terri. ‘It's our ‘ouse as much as Danielle's,' said Cheryl. ‘I'll tell ‘er we wan' our share. Shall I?' ‘Yeah,' said Terri. She watched until Cheryl's canary hair and tattoos had vanished around the corner, then retreated inside. Nana Cath dead. They had not spoken for a long time. I'm washin' my ‘ands of yeh. I've ‘ad enough, Terri, I've ‘ad it. She had never stopped seeing Krystal, though. Krystal had become her blue-eyed girl. She had been to watch Krystal row in her stupid boat races. She had said Krystal's name on her deathbed, not Terri's. Fine, then, you old bitch. Like I care. Too late now. Tight-chested and trembling, Terri moved through her stinking kitchen in search of cigarettes, but really craving the spoon, the flame and the needle. Too late, now, to say to the old lady what she ought to have said. Too late, now, to become again her Terri-Baby. Big girls don't cry †¦ big girls don't cry †¦ It had been years before she had realized that the song Nana Cath had sung her, in her rasping smoker's voice, was really ‘Sherry Baby'. Terri's hands scuttled like vermin through the debris on the work tops, searching for fag packets, ripping them apart, finding them all empty. Krystal had probably had the last of them; she was a greedy little cow, just like Danielle, riffling through Nana Cath's possessions, trying to keep her death quiet from the rest of them. There was a long stub lying on a greasy plate; Terri wiped it off on her T-shirt and lit it on the gas cooker. Inside her head, she heard her own eleven-year-old voice. I wish you was my mummy. She did not want to remember. She leaned up against the sink, smoking, trying to look forward, to imagine the clash that was coming between her two older sisters. Nobody messed with Cheryl and Shane: they were both handy with their fists, and Shane had put burning rags through some poor bastard's letter box not so long ago; it was why he'd done his last stretch, and he would still be inside if the house had not been empty at the time. But Danielle had weapons Cheryl did not: money and her own home, and a landline. She knew official people and how to talk to them. She was the kind that had spare keys, and mysterious bits of paperwork. Yet Terri doubted that Danielle would get the house, even with her secret weapons. There were more than just the three of them; Nana Cath had had loads of grandchildren and great-grandchildren. After Terri had been taken into care, her father had had more kids. Nine in total, Cheryl reckoned, to five different mothers. Terri had never met her half-siblings, but Krystal had told her that Nana Cath saw them. ‘Yeah?' she had retorted. ‘I hope they rob her blind, the stupid old bitch.' So she saw the rest of the family, but they weren't exactly angels, from all that Terri had heard. It was only she, who had once been Terri-Baby, whom Nana Cath had cut adrift for ever. When you were straight, evil thoughts and memories came pouring up out of the darkness inside you; buzzing black flies clinging to the insides of your skull. I wish you was my mummy. In the vest top that Terri was wearing today, her scarred arm, neck and upper back were fully exposed, swirled into unnatural folds and creases like melted ice cream. She had spent six weeks in the burns unit of South West General when she was eleven. (‘How did it happen, love?' asked the mother of the child in the next bed. Her father had thrown a pan of burning chip fat at her. Her Human League T-shirt had caught fire. †Naccident,' Terri muttered. It was what she had told everyone, including the social worker and the nurses. She would no sooner have shopped her father than chosen to burn alive. Her mother had walked out shortly after Terri's eleventh birthday, leaving all three daughters behind. Danielle and Cheryl had moved in with their boyfriends' families within days. Terri had been the only one left, trying to make chips for her father, clinging to the hope that her mother would come back. Even through the agony and the terror of those first days and nights in the hospital, she had been glad it had happened, because she was sure that her mum would hear about it and come and get her. Every time there was movement at the end of the ward, Terri's heart would leap. But in six long weeks of pain and loneliness, the only visitor had been Nana Cath. Through quiet afternoons and evenings, Nana Cath had come to sit beside her granddaughter, reminding her to say thank you to the nurses, grim-faced and strict, yet leaking unexpected tenderness. She brought Terri a cheap plastic doll in a shiny black mac, but when Terri undressed her, she had nothing on underneath. ‘She's got no knickers, Nana.' And Nana Cath had giggled. Nana Cath never giggled. I wish you was my mummy. She had wanted Nana Cath to take her home. She had asked her to, and Nana Cath had agreed. Sometimes Terri thought that those weeks in hospital had been the happiest of her life, even with the pain. It had been so safe, and people had been kind to her and looked after her. She had thought that she was going home with Nana Cath, to the house with the pretty net curtains, and not back to her father; not back to the bedroom door flying open in the night, banging off the David Essex poster Cheryl had left behind, and her father with his hand on his fly, approaching the bed where she begged him not to †¦ ) The adult Terri threw the smoking filter of the cigarette stub down onto the kitchen floor and strode to her front door. She needed more than nicotine. Down the path and along the street she marched, walking in the same direction as Cheryl. Out of the corner of her eye she saw them, two of her neighbours chatting on the pavement, watching her go by. Like a fucking picture? It'll last longer. Terri knew that she was a perennial subject of gossip; she knew what they said about her; they shouted it after her sometimes. The stuck-up bitch next door was forever whining to the council about the state of Terri's garden. Fuck them, fuck them, fuck them †¦ She was jogging along, trying to outrun the memories. You don't even know who the father is, do yeh, yer whore? I'm washin' my ‘ands of yeh, Terri, I've ‘ad enough. That had been the last time they had ever spoken, and Nana Cath had called her what everyone else called her, and Terri had responded in kind. Fuck you, then, you miserable old cow, fuck you. She had never said, ‘You let me down, Nana Cath.' She had never said, ‘Why didn't you keep me?' She had never said, ‘I loved you more than anyone, Nana Cath.' She hoped to God Obbo was back. He was supposed to be back today; today or tomorrow. She had to have some. She had to. ‘All righ', Terri?' ‘Seen Obbo?' she asked the boy who was smoking and drinking on the wall outside the off licence. The scars on her back felt as though they were burning again. He shook his head, chewing, leering at her. She hurried on. Nagging thoughts of the social worker, of Krystal, of Robbie: more buzzing flies, but they were like the staring neighbours, judges all; they did not understand the terrible urgency of her need. (Nana Cath had collected her from the hospital and taken her home to the spare room. It had been the cleanest, prettiest room Terri had ever slept in. On each of the three evenings she had spent there, she had sat up in bed after Nana Cath had kissed her goodnight, and rearranged the ornaments beside her on the windowsill. There had been a tinkling bunch of glass flowers in a glass vase, a plastic pink paperweight with a shell in it and Terri's favourite, a rearing pottery horse with a silly smile on its face. ‘I like horses,' she had told Nana Cath. There had been a school trip to the agricultural show, in the days before Terri's mother had left. The class had met a gigantic black Shire covered in horse brasses. She was the only one brave enough to stroke it. The smell had intoxicated her. She had hugged its column of a leg, ending in the massive feathered white hoof, and felt the living flesh beneath the hair, while her teacher said, ‘Careful, Terri, careful!' and the old man with the horse had smiled at her and told her it was quite safe, Samson wouldn't hurt a nice little girl like her. The pottery horse was a different colour: yellow with a black mane and tail. ‘You can ‘ave it,' Nana Cath told her, and Terri had known true ecstasy. But on the fourth morning her father had arrived. ‘You're comin' home,' he had said, and the look on his face had terrified her. ‘You're not stayin' with that fuckin' grassin' old cow. No, you ain't. No, you ain't, you little bitch.' Nana Cath was as frightened as Terri. ‘Mikey, no,' she kept bleating. Some of the neighbours were peering through the windows. Nana Cath had Terri by one arm, and her father had the other. ‘You're coming home with me!' He blacked Nana Cath's eye. He dragged Terri into his car. When he got her back to the house, he beat and kicked every bit of her he could reach.) ‘Seen Obbo?' Terri shouted at Obbo's neighbour, from fifty yards away. ‘Is ‘e back?' ‘I dunno,' said the woman, turning away. (When Michael was not beating Terri, he was doing the other things to her, the things she could not talk about. Nana Cath did not come any more. Terri ran away at thirteen, but not to Nana Cath's; she did not want her father to find her. They caught her anyway, and put her into care.) Terri thumped on Obbo's door and waited. She tried again, but nobody came. She sank onto the doorstep, shaking and began to cry. Two truanting Winterdown girls glanced at her as they passed. ‘Tha's Krystal Weedon's mum,' one of them said loudly. ‘The prozzie?' the other replied at the top of her voice. Terri could not muster the strength to swear at them, because she was crying so hard. Snorting and giggling, the girls strode out of sight. ‘Whore!' one of them called back from the end of the street.

Address Resolution Protocol

————————————————- Address Resolution Protocol The  Address Resolution Protocol  (ARP) is a  computer networking  protocol for determining a network host's link layer or hardware address when only its  Internet Layer  (IP) or  Network Layer  address is known. This function is critical in local area networking as well as for routing internetworking traffic across gateways (routers) based on  IP addresses  when the next-hop router must be determined. ARP was defined by  RFC 826  in 1982. [1]  It is  Internet Standard  STD 37. ARP has been implemented in many types of networks, such as  Internet Protocol  (IP) network,  CHAOS,  DECNET, Xerox  PARC Universal Packet,  Token Ring,  FDDI,  IEEE 802. 11  and other  LAN  technologies, as well as the modern high capacity networks, such as  Asynchronous Transfer Mode  (ATM). Due to the overwhelming prevalence of  IPv4  and Ethernet in general networking, ARP is most frequently used to translate  IPv4 addresses  into Ethernet  MAC addresses. In the next generation Internet Protocol,  IPv6, ARP's functionality is provided by the  Neighbor Discovery Protocol  (NDP). ———————————————— Overview and IPv4-plus-Ethernet example Consider a LAN where machines using IPv4 over Ethernet wish to communicate. A sender wishes to send a message to some other machine on the LAN and knows a destination IPv4 address. The destination IPv4 address is hopefully associated with some appropriate network interface belonging to the recipient machine, and is present on the LAN. But in order for communication to succeed, the sending machine  first needs to discover the ethernet MAC address of the intended recipient network interface. This requirement comes about because Ethernet hardware does not (necessarily) understand IPv4 protocols or IPv4 addresses in the sense that Ethernet hardware ‘listens out for' relevant Ethernet MAC addresses but does not ‘listen out for' IPv4 addresses. (An impractical alternative would be to have all units listen to every Ethernet packet and inspect the contents for relevant IPv4 addresses, discarding the packets that are intended for other devices, but this would be very inefficient. ) So before sending an IPv4 packet, the sender sends a roadcast message onto the LAN using ARP in order to discover the Ethernet MAC address of some interface that is listening for that desired target IPv4 address. Some appropriate unit replies that it has a network interface with a certain MAC address that is associated with the IPv4 address in question. The original would-be sender now has the information needed and can go ahead and send its IPv4 packet to the destination inserting it int o an Ethernet frame with the correct destination MAC address for the appropriate recipient. The sender's operating system also stores the newly discovered MAC address in a table (‘caches' the result). This table of mappings from IPv4 addresses to MAC addresses is retained and consulted again and again, so the ARP discovery procedure only has to be performed one time, when a packet is sent to a ‘new' destination IPv4 address. ————————————————- Operating scope The Address Resolution Protocol is a low level request and answer protocol that is communicated on the media access level of the underlying network. For  Ethernet  systems, an ARP message is the payload of Ethernet packets. ARP therefore operates only across the local link that a host is connected to. Within the framework of the  Internet Protocol Suite, this characteristic makes ARP a  Link Layer  protocol. [2] ARP is also very often discussed in terms of the  Open Systems Interconnect  (OSI)  networking model, because that model addresses hardware-to-software interfaces more explicitly and is preferred by some equipment manufacturers. However, ARP was not developed based on the design principles and strict encapsulation hierarchy of this model and, therefore, such discussions create a number of conflicts as to the exact operating layer within this model. Most often ARP is placed into the  Data Link Layer  (Layer 2), but since it requires the definitions of network addresses of the  Network Layer, it is not unusual to find it referenced at that layer. An example of use in OSI networking, is ATMARP, used to resolve  Asynchronous Transfer Mode  (ATM)  NSAP  addresses in IP over ATM deployments. ————————————————- Packet structure The  Address Resolution Protocol  uses a simple message format that contains one address resolution request or response. The size of the ARP message depends on the upper layer and lower layer address sizes, which are given by the type of networking protocol (usually  IPv4) in use and the type of hardware or virtual link layer that the upper layer protocol is running on. The message header specifies these types, as well as the size of addresses of each. The message header is completed with the operation code for request (1) and reply (2). The payload of the packet consists of four addresses, the hardware and protocol address of the sender and receiver hosts. The principal packet structure of ARP packets is shown in the following table which illustrates the case of IPv4 networks running on Ethernet. In this scenario, the packet has 48-bit fields for the sender hardware address (SHA) and target hardware address (THA), and 32-bit fields for the corresponding sender and target protocol addresses (SPA and TPA). Thus, the ARP packet size in this case is 28 bytes. Hardware type (HTYPE) This field specifies the Link Layer protocol type. Example: Ethernet is 1. Protocol type (PTYPE) This field specifies the upper layer protocol for which the ARP request is intended. For example, Internet Protocol (IPv4) is encoded as 0x0800. Hardware length (HLEN) Length (in  octets) of a hardware address. Ethernet addresses size is 6. Protocol length (PLEN) Length (in octets) of a  logical address  of the specified protocol (cf. PTYPE). IPv4 address size is 4. Operation Specifies the operation that the sender is performing: 1 for request, 2 for reply. Sender hardware address (SHA) Hardware (MAC) address of the sender. Sender protocol address (SPA) Upper layer protocol address of the sender. Target hardware address (THA) Hardware address of the intended receiver. This field is ignored in requests. Target protocol address (TPA) Upper layer protocol address of the intended receiver. ARP protocol parameter values have been standardized and are maintained by  IANA Internet Protocol (IPv4) over Ethernet ARP packet| bit offset| 0 – 7| 8 – 15| 0| Hardware type (HTYPE)| 16| Protocol type (PTYPE)| 32| Hardware address length (HLEN)| Protocol address length (PLEN)| 48| Operation (OPER)| 64| Sender hardware address (SHA) (first 16 bits)| 80| (next 16 bits)| 96| (last 16 bits)| 112| Sender protocol address (SPA) (first 16 bits)| 128| (last 16 bits)| 144| Target hardware address (THA) (first 16 bits)| 160| (next 16 bits)| 76| (last 16 bits)| 192| Target protocol address (TPA) (first 16 bits)| 208| (last 16 bits)| ————————————————- ARP probe An  ARP probe  is an ARP request constructed with an all-zero  sender IP address. The term is used in the  IPv4 Addre ss Conflict Detection  specification (RFC 5227). Before beginning to use an IPv4 address (whether received from manual configuration, DHCP, or some other means), a host implementing this specification must test to see if the address is already in use, by broadcasting ARP probe packets. ————————————————- ARP announcements ARP may also be used as a simple announcement protocol. This is useful for updating other host's mapping of a hardware address when the sender's IP address or MAC address has changed. Such an announcement, also called a  gratuitous ARP  message, is usually broadcast as an ARP request containing the sender's protocol address (SPA) in the target field (TPA=SPA), with the target hardware address (THA) set to zero. An alternative is to broadcast an ARP reply with the sender's hardware and protocol addresses (SHA and SPA) duplicated in the target fields (TPA=SPA, THA=SHA). An ARP announcement is not intended to solicit a reply; instead it updates any cached entries in the ARP tables of other hosts that receive the packet. The operation code may indicate a request or a reply because the ARP standard specifies that the opcode is only processed after the ARP table has been updated from the address fields. [4][5][6] Many operating systems perform gratuitous ARP during startup. That helps to resolve problems which would otherwise occur if, for example, a network card was recently changed (changing the IP-address-to-MAC-address mapping) and other hosts still have the old mapping in their ARP caches. Gratuitous ARP is also used by some interface drivers to effect load balancing for incoming traffic. In a team of network cards, it is used to announce a different MAC address within the team that should receive incoming packets. ARP announcements can be used to defend  link-local  IP addresses in the  Zeroconf  protocol (RFC 3927), and for IP address takeover within  high-availability clusters. ————————————————- ARP mediation ARP mediation  refers to the process of resolving Layer 2 addresses when different resolution protocols are used on multiple connected circuits, e. . , ATM on one end and Ethernet on the others. ————————————————- Inverse ARP and Reverse ARP The  Inverse Address Resolution Protocol  (Inverse ARP or InARP), is a protocol used f or obtaining  Network Layer  addresses (e. g. ,  IP addresses) of other nodes from  Data Link Layer(Layer 2) addresses. It is primarily used in  Frame Relay  (DLCI) and ATM networks, in which Layer 2 addresses of  virtual circuits  are sometimes obtained from Layer 2 signaling, and the corresponding Layer 3 addresses must be available before these virtual circuits can be used. As ARP translates Layer 3 addresses to Layer 2 addresses, InARP may be described as its inverse. In addition, InARP is actually implemented as a protocol extension to ARP. It uses the same packet format from ARP; but has different operation codes. Reverse Address Resolution Protocol  (Reverse ARP or RARP), like InARP, also translates Layer 2 addresses to Layer 3 addresses. However, while in InARP the requesting station is querying the Layer 3 address of another node, RARP is used to obtain the Layer 3 address of the requesting station itself for address configuration purposes. RARP is now obsolete. It was replaced by  BOOTP, which was later superseded by the  Dynamic Host Configuration Protocol  (DHCP). ————————————————- Proxy ARP Proxy ARP  (Address Resolution Protocol) is a technique by which a device on a given network answers the  ARP  queries for a  network address  that is not on that network. The ARP Proxy is aware of the location of the traffic's destination, and offers its own MAC address in reply, effectively saying, â€Å"send it to me, and I'll get it to where it needs to go. Serving as an ARP Proxy for another host effectively directs LAN traffic to the Proxy. The â€Å"captured† traffic is then typically routed by the Proxy to the intended destination via another interface or via a  tunnel. The process which results in the node responding with its own MAC address to an ARP request for a different IP address for proxying purposes is sometimes referred to as ‘publishing'. ————————————————- Uses Below are some typical uses for proxy ARP: Joining a broadcast LAN with  serial  links (e. g. ,  dialup  or  VPN  connections). Assume an Ethernet broadcast domain (e. g. , a group of stations connected to the same hub) using a certain IPv4 address range (e. g. , 192. 168. 0. 0/24, where 192. 168. 0. 1 – 192. 168. 0. 127 are assigned to wired nodes). One or more of the nodes is an  access router  accepting dialup or VPN connections. The access router gives the dial-up nodes IP addressses in the range 192. 168. 0. 128 – 192. 168. 0. 254; for this example, assume a dial-up node gets IP address 192. 168. 0. 254. The access router uses Proxy ARP to make the dial-up node present in the subnet without being wired into the Ethernet: he access server ‘publishes' its own MAC address for 192. 168. 0. 254. Now, when another node wired into the Ethernet wants to talk to the dial-up node, it will ask on the network for the MAC address of 192. 168. 0. 254 and find the access server's MAC address. It will therefore send its IP packets to the access server, and the access server will know to pass them on to the particular dial-up node. All dial-up nodes therefore appear to the wired Ethernet nodes as if they are wired into the same Ethernet subnet. Taking multiple addresses from a LAN Assume a station (e. g. , a server) with an interface (10. 0. 0. 2) connected to a network (10. 0. 0. 0/24). Certain applications may require multiple IP addresses on the server. Provided the addresses have to be from the 10. 0. 0. 0/24 range, the way the problem is solved is through Proxy ARP. Additional addresses (say, 10. 0. 0. 230-10. 0. 0. 240) are  aliased  to the  loopbackinterface of the server (or assigned to special interfaces, the latter typically being the case with  VMware/UML/jails/vservers/other virtual server environments) and ‘published' on the 10. . 0. 2 interface (although many operating systems allow direct allocation of multiple addresses to one interface, thus eliminating the need for such tricks). On a firewall In this scenario a firewall can be configured with a single IP address. One simple example of a use for this would be placing a firewall in front of a single host or group of hosts on a subnet. Example- A network (10. 0. 0. 0/8) has a serve r which should be protected (10. 0. 0. 20) a proxy-arp firewall can be placed in front of the server. In this way the server is put behind a firewall without making any changes to the network at all. Mobile-IP In case of  Mobile-IP  the Home Agent uses Proxy ARP in order to receive messages on behalf of the Mobile Node, so that it can forward the appropriate message to the actual mobile node's address (Care Of Address). Transparent subnet gatewaying A setup that involves two physical segments sharing the same IP subnet and connected together via a  router. This use is documented in  RFC 1027 ————————————————- Advantages The advantage of Proxy ARP over other networking schemes is simplicity. A network can be extended using this technique without the knowledge of the upstream router. For example, suppose a host, say A, wants to contact another host B, where B is on a different subnet/broadcast domain than A. For this, host A will send an  ARP  request with a Destination IP address of B in its ARP packet. The multi-homed router which is connected to both the subnets, responds to host A's request with its MAC address instead of host B's actual  MAC  address, thus proxying for host B. In the due course of time, when host A sends a packet to the router which is actually destined to host B, the router just forwards the packet to host B. The communication between host A and B is totally unaware of the router proxying for each other. ————————————————- Disadvantages Disadvantage of Proxy ARP include scalability (ARP resolution is required for every device routed in this manner) and reliability (no fallback mechanism is present, and masquerading can be confusing in some environments). It should be noted that ARP manipulation techniques, however, are the basis for protocols providing  redundancy  on broadcast networks (e. g. ,Ethernet), most notably  CARP  and  Virtual Router Redundancy Protocol. Proxy ARP can create DoS attacks on networks if misconfigured. For example a misconfigured router with proxy ARP has the ability to receive packets destined for other hosts (as it gives its own MAC address in response to ARP requests for other hosts/routers), but may not have the ability to correctly forward these packets on to their final destination, thus blackholing the traffic.