Monday, September 30, 2019

“Eleanor Rigby” by The Beatles Essay

â€Å"Eleanor Rigby† is an original song written by John Lennon and Paul McCartney of the one of the most famous bands of all time, the Beatles. The song was about the indistinct story of a woman named Eleanor Rigby who lived a heartrending and desolate life. The still and hollow life of Eleanor Rigby seemed to have followed her after her death as the song depicts the absence of people – neither her family nor friends – during Eleanor’s funeral. Lennon and McCartney wrote, â€Å"Eleanor Rigby died in the church, and was buried along with her name, nobody came. † This particular line suggests the silent passing of Eleanor Rigby – that is, as if she never existed when she was still alive, and when she died, her name got lost in the sea of people who were born and have died without leaving any sign of their existence. In general, Eleanor Rigby represents all the lonely people in the world who suffer the same emptiness and insignificance. Considering the structure and the content of the song â€Å"Eleanor Rigby,† it may be classified as a ballad for various reasons. The defined characteristics of a ballad fit the structure and content of the song. For one, the song tells a story (â€Å"Characteristics of a Ballad†), although indistinct, about the unpretentious life of Eleanor Rigby and the involvement of Father McKenzie in her interment. The indistinctiveness of Eleanor Rigby’s story entails the reading between the lines and the direct interpretation and assumption of her life and how Lennon and McCartney related it to the sea of lonely faces that live and die not knowing who they are, what they’re supposed to do, and such. Second, the story of Eleanor Rigby is told through simple, uncomplicated language (â€Å"The Ballad). One can easily deduce what her life was all about, although the meaning necessitates a deeper look and understanding, the main idea of the song is clearly understood from the lyrics. Other features of the song that match its categorization as a ballad includes its dramatic and somber tone, the direction of the first few lines of the song which directly takes the reader or the listener toward cataclysm, and the focus of the song which is on a particular situation or experience. (â€Å"Characteristics of a Ballad†) The feeling of loneliness and sadness is felt throughout the song, from the first line to its last. The repetitive tone of being abandoned and deserted is reflected leaving behind a depressive and sad state of mind. (Price) Next, the first line, â€Å"Ah, look at all the lonely people,† smashes directly into the catastrophic or tragic motif of the song – that is the lonely life of Eleanor Rigby, and her seeming demise even before her actual bereavement. The focus of the song is on her life and how it relates to other lives that are plagued by uselessness and non-existence. The more specific features of the song that are readily observable, depicting its inclination to become categorized as a ballad, has something to do with the repetition of the lines throughout the song (â€Å"The Ballad†), particularly the following lines: â€Å"all the lonely people, where do they all come from, all the lonely people, where do they belong. † In addition, the song was written on a third-person perspective, such that the author does not interfere with the events in the story constituting the song. The life of Eleanor Rigby was narrated in such a way that the author is identified as an observer or spectator. (â€Å"The Ballad†) Through the basic and observable characteristics of the song, one can classify it as a ballad. From the narrative tone of the song, to the uncomplicated or simple use of language in depicting the story, from the dramatic tone of voice, to the direct theme of catastrophe and tragedy, the repetition of various lines, the third-person perspective, and the single focus of the song, which is on the life of Eleanor Rigby and every other individual she represents, everything comes together to form a lyrical ballad which is meant to be sang revealing various emotions of clarity. s Works Cited â€Å"The Ballad. † (N. D.) Retrieved from Grinell. 11 December 2008. . â€Å"Characteristics of a Ballad. † (N. D. ) Retrieved from Princeton Encyclopedia of Poetry and Poetics. 11 December 2008. . Price, Richard. (2008). â€Å"REVEALED: The Haunting Life Story Behind One of Pop’s Most Famous Songs†¦ Eleanor Rigby. † Retrieved from Associated Newspapers Ltd. 11 December 2008.

Sunday, September 29, 2019

Training Need Analysis

This paper investigates the literature on Training Need Analysis (TNA). The theoretical underpinnings of TNA and the various approaches used in firms are discussed in this paper. The different levels of analyses of training needs and the need for TNA in a firm are also discussed in this paper. The paper also throws light on the limitations of the conventional measures and approaches of TNA. Hence, the paper directs scholars towards the characteristic requirements of a TNA approach more suited for today’s world of work.1. What is Training Needs Analysis (TNA) Needs assessment, or needs analysis, is the process of determining the organization’s training needs and seeks to answer the question of whether the organization’s needs, objectives, and problems can be met or addressed by training. In addition to this TNA should include the determination of tasks to be performed, behaviors essential to the performance of those tasks, type of learning necessary to acquire tho se behaviors, and the type of instructional content best suited to accomplish that type of learning.An illustration of the various steps involved in training need analysis was given by Lawrie and Boringer :1) Use all possible internal and external sources of training need information, 2) Generate a large pool of items describing the trainee on the job behavior, 3) Administer the checklist to trainee behavior, 4) Cluster the training needs, and 5) Obtain information from training feedback. Influence of theory in understanding training needs.Motivation theory According to Campbell , Campbell, Weick, Dunnette, and Lawler have cited evidence for the motivational influence of an individual’s self efficacy on the perceived training needs. General systems theory  Odiorne , describes the eight systems found in training. These also include the systems view on training needs as the cybernetic system view and the organism system view. The cybernetic system view says that the needs wil l  be identified from within the organization itself and the organism system view says that the information centers at the extremities of this organism, provide the training need information to its brain stimulators.2. Different approaches to TNA2.1. Conventional TNA, The O-T-P model The conventional TNA approach adopted in organizations usually includes analysis at three levels, the organizational level, task level and person level. This was suggested by McGehee and Thayer . The organizational level training needs describe the needs of the organization as a whole, taking into consideration future business opportunities. The task level analysis considers the basic training needs of particular tasks at hand in each job. The person level analysis, considers the training requirements of each person to surpass their skill deficiencies to perform the task at hand satisfactorily.2.2. Task Analytic Approach to TNA Technical trainings deal with jobs or tasks being done by human beings. Su ch training should produce qualified task performers. So, a technical TNA encompasses three activities: need detection, task identification and collection of task performance. Training needs are detected when new equipment is brought into use or the performance quality falls below industry standards. The task identification is done with the help of a task identification matrix (TIM). Similarly a basic task information record (BTIR) is used to collect the task performance data.2.3. Performance appraisal approach to TNARumler and Brache , were of the opinion that if training was to make any significant contribution to an organization; it should be in the form of effective performance enhancement for each individual. Hence their idea of gauging training needs, sprouted from understanding the variable that went into defining the performance systems of each individual employee. Mager and Pipe, suggest analyzing training needs by first differentiating a lack of performance due to skill de ficiency, from that due to lack of motivation. 2.4. Integrated Approach to TNALeat and Lovell, propose an approach to understand training needs by combining the various levels of analysis and integrating it into one model.Figure : Integrated approach to TNA Source: Taylor and O’Driscoll, also attempt to provide an integrated approach to TNA. This includes an integration of the O-T-P and performance appraisal approaches to TNA.Figure : Integrating OTP and Performance appraisal models to TNA Source:2.5. Competency based Approach to TNA An interesting study by Agut, Grau and Peiro , suggested that managerial competency needs and technical needs are completely different from each other in the same sample. This study also indicated that the sample did not demand training to meet their need of generic managerial competencies. From this we can understand that a dichotomy does lie between competency needs and technical training needs. Therefore a competency based approach to TNA migh t not be suitable for all kinds of jobs. It might be more suitable for managerial or executive level jobs where the technical demands are lesser.2.6. Individual or Customized Approach Guthrie and Schwoerer , found that the self assessed training needs were positively influenced by perceptions of training utility, self efficacy, managerial support, and span of control positively and negatively influenced by educational level. A study on the individual training needs of music teachers and vocal trainers revealed significant differences in the training demands of the sample. This study also revealed significant differences in the target behaviors to be assessed, and assessment statuses needed by the various participants .2.7. Economic approach The economic approach to training advises managers to select and prioritize training needs based on three criteria: the profit improvement they can bring to the organization, the addition to human capital and the investment  in human capital to meet future contingencies.3. Need for TNATo develop a healthy and vital long range human resource plan, an organization must first understand the training needs of the firm, the people and the future of the firm in conjunction with cooperative strategic planning. Organizational meeting, personnel review and position review are some of the ways in which an effective training need assessment can be carried out in a firm. 4. Different levels of analysis suggested in the various approaches to TNA McGehee and Thayer, considered three levels of analysis; organization, task and man.Morano , suggested looking at the organization’s training needs at two levels i.e. organization and man. The three levels suggested by Taylor and O’Driscoll include, organization, inter organization and man. Rather than levels of analysis these are actually various categories of training need content. For example, the training needs that arise from a man, a task or the organizational content, can all be analyzed at individual, group or organizational levels. Ostroff, Ford, and Goldstein have described this level-content dichotomy in their study. Their level-content framework to assess training needs gives a better picture of the levels of TNA.Table : Level Content Framework of TNA Source: 5. Limitations of a conventional TNA Leat and Lovell, questioned the competency of a traditional TNA in determining training and development needs effectively. They say that a traditional TNA lack the ability to combine the training need analyses at different levels. A few authors have been quoted to say that the traditional TNA is a mechanistic process and its antecedents can be traced back to the industrial revolution over 200 years ago.The rigid behavioral objectives of conventional TNA are antipathetic to current notions of competence . Knight , says that the conventional TNA is not suited to meet the needs of different unique environments i.e. the different patterns of workforce, diffe rent cultures, organizational objectives, strategies and resource constraints. Oatey , criticized the conventional approaches to TNA in their lack of ability to distinguish the specific and general skills  requirements of a firm.6. Conventional measures of training needs Four major approaches were suggested by Kirkpatrick , to gauge the organization’s training needs. These included performance appraisals, supervisor tests, supervisor surveys and forming advisory committees with key personnel. Kirkpatrick , gives eleven approaches to determine the training needs in an organization. They include looking at an organization’s processes and supervisory behavior, analyzing the problems, supervisory actions, and performance appraisals and asking supervisors, superiors and subordinates. As can be seen on closer inspection, these are specific methods to measure training needs rather than approaches.Management appraisals, survey, critical incidents analysis, job analysis, asse ssment centers, psychological tests, skills inventory and data obtained while coaching had been some of the conventional methods used by organizations till that time, to understand the prevalent training needs. Otto and Glaser , suggested certain general guidelines to understand the organization’s training needs. These included, talking to the staff, gathering opinions from all levels in the firm, talking to other department and organizational heads, and reading a variety of the industry literature.ConclusionIn today’s world the concept of a job itself has become blurred. Today’s jobs include concepts as broad banding, multi skilling and path planning. The organizations of this age require a results oriented and deliberate organization strategy. Hence, the TNA in such organizations should also follow suit and be strategic and integrated in its approach. TNA should have direct and unambiguous results. Training should be designed to build on what employees already know. The present age TNA emphasizes on assisting the employees in their work and careers and helping them achieve greater future proficiency and satisfaction at work.This paper investigates the literature on Training Need Analysis (TNA). The theoretical underpinnings of TNA and the various approaches used in firms are discussed in this paper. The different levels of analyses of training needs and the need for TNA in a firm are also discussed in this paper. The paper also throws light on the limitations of the conventional measures and approaches of TNA. Hence, the  paper directs scholars towards the characteristic requirements of a TNA approach more suited for today’s world of work.

Saturday, September 28, 2019

Soci-Cultural Issues in Education Essay Example | Topics and Well Written Essays - 750 words

Soci-Cultural Issues in Education - Essay Example The paper describes the differences between the 16th century's education and the education that we have nowadays. Formal education has become widely accepted as the only tool for promoting growth, enriching experience and developing attitudes. Unlike education in the 16th century that embraced several aspects of informal education, the current educational process is procedural and prescribed. The current educational processes focus on several concepts that shun human values. This results in the complete confusion among the students and teachers. The systems of learning ignore the human element of education. The moral results are far from satisfactory. Consequently, several teachers and students require improvement through the provision of incentives and rewards. A need arises to enhance the teaching approaches, create new value systems and incorporate the human factor in the education sector by aiming at developing appropriate personalities. Prior to the civil war, nearly all educati onal undertakings were designed to create God-fearing attitudes among the citizens. Education was mainly dominated by religious teachings. The education system for the common citizens was aimed at creating literacy and building good character. However, the nobility had their own system that integrated nature studies, mathematics and architecture studies. The slave population was forbidden from offering literacy skills to their children. Massachusetts was the first state to accept a centralised system of public education. In 1830, efforts to introduce compulsory schooling paid out with the taxes. The mandatory schooling has realized increased population dynamics in school. This has resulted in the interaction with people of varied cultures and beliefs within the school setups. For this reason, today’s education system faces the challenge of providing adequate teachers and a holistic curriculum that will harmonize the different cultures (Johnson, Musial & Hall et al 36). Philos ophy has been widely recognised as the pioneering point for human progress. It is like the compass of life to human kind. Man has historically employed exploration and experimentation to unravel the mysteries of life and attain perfection. In an attempt of addressing all the knowledge requirements of life, various schools of learning have emerged to equip humanity with skills for coping with today’s complex society. In the previous centuries, education would be described as bi-polar but it has since developed into multi-polar. This has resulted into a myriad of problems affecting the planners of education and the learners. Today’s society is very multifaceted and the elements of matter, society, community, group or nation have become diverse and complicated (Johnson, Musial & Hall et al 38). For this reason, it has become extremely complex for philosophers to devise an education system that is capable of addressing the challenges presented by the different frontiers of life. The functions of philosophy are to determine the values which education ought to pursue. Bertrand Russell in his theory proposes that education should have an autonomous existence that is effective when it evolves some known process to meet the fundamentals requirements of the society. The function of education is not only to equip

Friday, September 27, 2019

Men of Honor Movie Review Example | Topics and Well Written Essays - 500 words

Men of Honor - Movie Review Example Determined to become the Navy's first master diver, Brashear confronts Billy Sunday, a racist Navy diving instructor in the segregated south of the early 1950s. From the beginning of the film we see Brashear struggle with the elements and his race as he plows a field in the hot sun with his father. As a means to escape, Brashear joins the Navy with the hope of bettering his station in life. He confronts the chores of Navy kitchen duty while working to become a black Navy diver. Eventually given the opportunity to become a diver, he is confronted by the Navy instructors bent on proving him incapable. The ongoing torment from Billy Sunday and the Commander, played by Hal Holbrooke, can't hold Brashear down. He conquers every obstacle placed in front of him. After he becomes a diver, his career seems to be cut short when his leg is amputated after an accident on a Navy ship. Brashear again struggles to regain his strength and the fortitude to carry the weight of a Navy Scuba outfit. This time, Billy Sunday is his biggest supporter as we see Brashear overcome the final obstacle of a physical handicap. Though the film is based in racism, its inspiration comes from the need to overcome any hardship. Much of Brashear's torment came from a racist feeling in Sunday and his classmates, yet we see the struggle in terms of a fight against the elements and ourselves. There is a memorable scene where Sunday makes Brashear's diving test almost impossible to pass.

Thursday, September 26, 2019

Human Resource Management Essay Example | Topics and Well Written Essays - 2000 words

Human Resource Management - Essay Example Resource Management are the following: Compensation, hiring, management performance, development of the organization, overall wellness, and benefits; motivation of people, good communication, good administration, and training (Heathfield â€Å"date unknown†). Overhauling Mattel was not an easy task for Eckert, but it was a fruitful endeavor for Mattel’s CEO. Question 1: Identify the key elements of Mattel`s HRM Strategy. Critically evaluate the HRM strategy in relation to relevant theories and models and the current external environment. What potential issues does the company face in balancing the organizational HRM strategy with divisional personalization of it (as discussed on page 9of the case study) The key elements of Mattel’s HRM strategy are workforce development, and the standardizing people development1. Workforce development could mean a lot of things, for there seem to be no single meaning to describe the term. However, workforce development has become a term to illustrate any one of a comparatively broad range of national and international strategies and programs associated with learning for work (Jacobs & Hawley â€Å"date unknown†). Many scholars in this particular field use the term national workforce development to mean the articulation between the private-sector and government programs (McLean 2003). According to Jacob and Hawley (date unknown) â€Å"Emergence of Workforce Development: Definition, Conceptual Boundaries, and Implications† there are five reasons for the coming out of this particular phenomenon in the field of industry. To be precise, these are globalization, technology, new economy, political change, and demographic shifts. These five factors are all connected to each other and have become a great challenge especially for adults (Jacobs & Hawley â€Å"date unknown†). Globalization opened the door for the free flow of market among nations.

Compare and contrast the processes of democratisation in [country X] Essay

Compare and contrast the processes of democratisation in [country X] and [country Y] - Essay Example emocratization was initiated in both the countries soon after and the cessation of Latvia from the Soviet Union and the voluntary change in the Bulgarian monopolistic Communist party’s ideology. Now, after almost twenty years of the democratic process, both the countries are part of the European Union, a fact indicative of their progress and success in making social and political changes. The current paper aims to analyze the process of democratization in the two countries, Latvia and Bulgaria, and to compare and contrast them on their achievements towards the same. The theoretical frameworks employed by scholars in studying the process of democratization largely fall into two categories. The first approach, called the functionalist approach, proposes that the process of democracy is brought about as a result of economic or cultural development or ushered in simply by the changing times and modernization. Another approach, called the genetic view, that is employed in studying the process of democratization is to assess the involvement of political thinkers and leaders who have contributed in bringing about a change in political thought and practice. (Vanhanen and Pridham, 1994). The present paper aims to combine both the functional as well as the genetic approach in studying and comparing the process of democratization in two Eastern European nations – Latvia and Bulgaria. In order to compare and contrast the process of democratization in the Latvia and Bulgaria, it is necessary to study the historical factors that were responsible for the process to set in as well as understand the structural changes, the social and political struggles and changes that led to the evolution of a democratic electoral system in the two countries. Democratization in the Eastern European nations was influenced by both external and internal factors. (Vanhanen and Pridham, 1994). The external factors like the reforms already started in the Soviet Union by Gorbachev and the

Wednesday, September 25, 2019

Present an idea for a new business idea (coffee shop) in Sydney. The Assignment

Present an idea for a new business idea (coffee shop) in Sydney. The report will take the form of a detailed feasibility study d - Assignment Example Moreover, with the increasing demand for coffee among the people of Australia will assist in better development of this business owing to which this idea can be noted as an effective practice to attain better growth opportunities and generate income in a less risk and sustainable way. What Are Your Objectives For Your Business Over The Next Twelve Months? In its performance during the initial 12 months period, the coffee shop will aim to provide quality coffee and services for the people to have a better recess experience in Australia and thereby strengthen its foothold in the market with due significance towards its mission and vision. Moreover, with greater demand for coffee, the main aim of the coffee shop will be to be recognized as one the best coffee in Sydney in its future endeavors. What Are Your Objectives for Your Business Over the Following Two Years? The coffee shop, intended to be established following this market plan, after developing a better position in the market wi ll aim towards increased profitability as well as towards being reputed as a renowned coffee shop in Sydney over the next two years. ... The coffee shop will provide better quality coffee with enhanced fragrance or aroma and thus create a differentiation within its market sphere. The shop will also be equipped with a friendly atmosphere and staffs so as to give a high quality service to the customers. List All the Products And/ Or Services That You Plan To Provide In The Future In the future, i.e. almost within the next two years, the coffee shop with better positions in the market segment and demand will provide a variety of coffee products to its consumers. The products will include brewed hot and cold coffee products, pancakes with chocolate coffee fillings and ice creams with blended coffee aroma. Who Will Operate The Business? It is worth mentioning in this context that the business of the coffee shop will be based on sole proprietorship. Sole proprietorship signifies that the business will be owned by a single individual who will be entitled for all risks as well as profits resulting from the conduct of the inte grated organizational performances (Linn-Benton Community College, 2013). Who Else Will Be Employed By The Business Immediately? In the initial stage, the coffee shop will employ ten experienced staff, who will be liable to conduct various responsibilities in relation to the business functions and thereby render an effective structure as well as working culture to the company. To be precise, these staff members will be responsible for preparing coffee products and meeting the requirements of the customers to ensure consistent growth in customer satisfaction, which is often regarded as an essential constituent for the long-run sustainability of any new start-up firm. Who Else Will Be Employed By The Business In The Future? In future, with

Monday, September 23, 2019

HUMAN RIGHTS Assignment Example | Topics and Well Written Essays - 1500 words - 1

HUMAN RIGHTS - Assignment Example The Second World War was unique in its own way and presented number of challenges. It had brought about destruction and catastrophe in a form never seen before (Ishay, 2008, p.179). It saw the usage of atomic bomb. A bomb that was strong enough to bring down entire cities. A single bomb resulted in life loss of over 46 thousand in Japan. The war had left millions dead, and those who managed to survive did not count themselves lucky just because of the troubles they faced. The problems at the end of the Second World War were multifold, ranging from economic and politic to social and humanitarian. All sought immediate solution. For this purpose, a realisation developed to create an entity that would protect the rights of people and provide them with shelter in form of human rights protection acts and resolutions. This entity came into existence in the name of United Nations. It was right in the last phases of the Second World War, where the resolve was shown for establishing such an en tity that would protect the people. The first causality of war is always humanity. Regardless of the size of war, be it a local war, local dispute between tribes, a bilateral war or a war that spreads across the continent and across the ocean, all eye human life and human rights. The resolve against human depravity and exploitation was shown, and the aims included protection of the human rights and ensuring that no other war takes place in history again. So far, the United Nations has succeeded to a certain extent in ensuring that the war is not fought on an international level. What has changed about the character of international relations? As a result of United Nations existence, the nations’ outlook and approach to international peace and regional stability has changed in a totally dynamic manner. Each nation is more concerned with the regional peace than they might had been in past. Under the charter of the United Nations, each of the country has the responsibility to en sure peace in their respective regions and also on international platform. They should denounce any oppression and any tyranny being performed in the name of governance over people. They should raise their voice for equality of the masses. They should denounce the actions of belligerents; for example, the case of the United States of America, which believed in international isolation prior to the Second World War and prior to the creation of the United Nations. It has changed its approach and has become an active member in the pursuit of global peace and protection of human rights ever since the end of the Second World War. This is the prime example of how the country’s mood has changed towards a more global community, where peace of one is peace of all. The United States stood totally indifferent to European conflicts in the First World War. And the prime example comes in form of the League of Nations and Woodrow Wilson Fourteen points that were not endorsed by the local bod ies. However, seeing the importance of international peace and stability, they changed their approach at the end of the Second World War. What kind of actor is best suited to pursue international human rights: individuals, NGOs, states or intergovernmental organizations? What are the strengths and weaknesses of each? Each of the members is an international entity in modern international law, and each has an onus of responsibility. Each works in their own domain towards achieving the goal of equal human rights and

Sunday, September 22, 2019

Psychology-Research Methods Essay Example | Topics and Well Written Essays - 750 words

Psychology-Research Methods - Essay Example 36). Experimaents are used to establish a relationship between two variables, and show the direction of causality between the two variables. Quasi-Experimental. A method used â€Å"when [the researcher] can exert some, but not complete, control over important variables† (Zechmeister et al., 2009, p. 38). Like experiments, quasi-experimental attempt to establish cause-and-effect relationship with a less tighter control of the environment. Single case. A method â€Å"often used in the context of clinical psychology, in which the psychologist wishes to describe, predict, understand, and treat the problems faced by a client† (Zechmeister et al., 2009, p. 38). This method attempts to explain and change the behavior of a single participant or patient. The results of a single case study can be applied to a limited number of other participants. Methods, Rationale, and Usage Case 1. Since the researcher was trying to change the behavior of a mentally impaired 8-year old girl by quantifying observations and introducing interventions, this study, I think, utilized the single case design. The aim of a single case design is to gain a deep understanding of a research subject/participant in order to explain and treat his/her behavior (Zechmeister et al., 2009). In Case 1, the researcher introduced an intervention to treat the spoon banging behavior of the subject. Detailed observations were then recorded to predict and analyze if the intervention was effective. The researcher recorded observations before, during, and after the intervention which showed the degree of control exerted by the researcher in this study. The researcher concluded that this treatment was effective and, therefore, like any successful single case studies, suggested that this treatment can be used in other patients. Case 2. Since the team of researchers was trying to describe gender differences in need for affiliation by observing and recording the behavior of students in a cafeteria, this study, I believe, utilized the observational research design. The purpose of observation is to portray a complete description of a behavior in a given situation (Zechmeister et al., 2009). In Case 2, the researchers provided detailed observations of incoming students in a cafeteria to describe the tendency of males and females to seek affiliation through the company of others. College students comprised the sample, and the variable of interest to be measured is the need for affiliation. When students entered the cafeteria, the researchers recorded students’ gender and whether they are alone or accompanied by others. These detailed observations are then analyzed in order to describe gender differences in need for affiliation. Case 3. Since the researcher was attempting to show which of the two approaches are more effective for small groups who are making decisions, this study, I think, utilized the experimental design. The principal aim of experiments is to establish a cause-a nd-effect relationship between two variables (Zechmeister et al., 2009). In Case 3, the researcher introduced a competitive and a cooperative approach to groups of people and then measured the degree of satisfaction derived from using such approach. Research participants were randomly assigned to different groups. The independent variable was the approach used, and the dependent variable was the satisfaction derived after the decision was made. The introduction of approach and the

Saturday, September 21, 2019

The election of Federico Peña Essay Example for Free

The election of Federico Peà ±a Essay Both the election of Federico Peà ±a as Denver City Mayor in 1983 and the campaign of Victor Morales for US Senate in 1996 were considered as historic firsts: Peà ±a was among the first Hispanics to be elected as mayor of a major US city; while it was also the first time that the senatorial candidate of a major political party in Texas was of Hispanic origin, in the case of Morales. Apparently, these two cases have given renewed interest on the study of participation of minorities in a pluralist democracy, such as in this case, the Hispanics in the US electoral exercises. Not only that Hispanics seldom ran for elected office, it was also the general observation that they were less politically active and were also reluctant to exercise their rights to vote as seen in the pattern of low voter turnouts across the US.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   However, the case of Peà ±a was historic not only because it was the first time that Denver had a Mexican American mayor, but also because of the record turnout in 1983. Peà ±a, as well as Morales, actively attempted to increase minority, particularly Hispanic voter turnout. To his credit, the high turnout which favored Peà ±a’s campaign did not consist solely of Mexican Americans, because he was able to build a liberal coalition of minorities which did not only include the ethnic and racial minorities but also cut across different socio-economic classes and interest groups. Morales, on the other hand relied heavily on the large Hispanic population in Texas. Even if the Morales campaign was able to encourage Hispanics to register – also at a record-high – only 45.4% of the registered Hispanic voters actually voted. Morales’ failure to lure more Hispanics to vote, compounded by his lack of appeal to the Anglo voters due to his disparaging racial remarks, resulted in his loss, albeit with a slim margin, to the incumbent re-electionist senator. On his part, Peà ±a was able to avoid a campaign divided on racial lines because his being active in Mexican American civic organizations and his stint as a legislator helped him project support to minority concerns without necessarily delving on racial issues.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As such, experience had increased the quality of Peà ±a as a candidate, in contrast to Morales. Peà ±a is a lawyer and was a member of the state House of Representatives before he ran for the mayoralty race; while Morales, who is a public school teacher, only had his formal political experience when he became city councilman and a Democratic Party precinct chairman. Political experience had also tremendous impact on their organizational and coalition-building skills. Although they both operated their campaigns on relatively limited funds, Peà ±a in 1983, was able to use his strong ties with the labor sector, neighborhood organizations, environmentalists, young professionals and other sectors, and was able to come-up with a dynamic, well-organized campaign supported by endorsements of important societal groups, his clear positions on issues, and a large number of able volunteers. Wide knowledge on different issues also worked to Peà ±a’s advantage; while the lack of it had been a discredit to Morales, especially as it was also one of the reasons why he was not able to establish sustainable rapport with the free media. Moreover, Morales had not been a member of any local Mexican American organization which could have provided him with the necessary grassroots or volunteer support and fund-raising skills. Morales even shunned the Hispanic political elites when he missed a meeting of state Hispanic elected officials a very influential group who could have given him all-out support only because he is Hispanic. Morales also had poor organizational skills as his campaign was described to be supported by inexperienced and underfinanced staff that could not even return calls or answer simple questions about their candidate’s campaign, mainly due to insistence of Morales to decide on almost every matter. The lack of funds had also wasted a lot of campaign time for Morales who insisted on traveling in his truck instead of by plane to his campaign appearances in different locations in Texas. This and his reliance on volunteers, made him resort to the inexpensive but time- and energy-consuming â€Å"block walking† in his campaigns. The ordeal of walking or traveling on truck around a large US State, however, was not present in Peà ±a’s bid for city mayor; although like Morales, Peà ±a also preferred open and face-to-face interaction, as in the latter’s â€Å"town meetings†, which he often held when he was elected as mayor of Denver City. Morales’ difficulty in funding could also be attributed to his fund-raising principles. For one, he did not accept contributions from business political action committees or entities associated with the tobacco companies. He also believed that his amazing win in the Democratic primaries, wherein he spent only $15,000, would carry him through the state elections. He also probably expected the Democratic Party to fund his campaign, which in turn, did not support him because it did not believe that he stood a chance against the incumbent Senator who had been in the position for 12 years and was supported by a campaign machinery that was at least six times bigger than his. Morales should have accepted the importance of money in a state-wide campaign and realized that he could not run a city campaign headquarters with just $200 (his monthly budget allocation for his Houston office). Lastly, even if the Democratic Party did not support Morales’ campaign financially, his nomination helped him obtain the Democratic votes, which contributed to his close bid in the senatorial race, despite the apparent Republican character of the Texas state at that time. Denver’s mayoralty race in 1983, was however, nonpartisan because Peà ±a’s strong contenders were also democrats, His party membership only mattered in 1987 when he ran for re-election against a Republican candidate, to which he almost lost because many of his constituents were already disappointed for his failure to make Denver a â€Å"great city† after his first term, and because Peà ±a could not focus on specific minority concerns since he was constrained to form effective governing coalitions. Ironically, Morales’ campaign became a legacy not only because of his unquestioned status as an outsider in the political game, but also because he was overcame only by a slight majority even if he had to battle all the odds during his unusual campaign.

Friday, September 20, 2019

Division of Powers between Shareholders and Directors

Division of Powers between Shareholders and Directors QUESTION The orthodox view in Corporate Law is that the ownership of the company is vested in the shareholders, whereas the management of the company is the exclusive preserve of the directors. But this sharp distinction does not always apply in every instance. Discuss in relation to the division of powers between shareholders and directors. INTRODUCTON The principle of division of powers aims at separating the ownership and control between the shareholders and directors in a company. Historically, the directors have been viewed merely as agents of the shareholders of the company with whose actions they were to comply with. Later, the law moved towards the decline of the powers of the shareholder thereby making both the shareholders and directors an integral part of the company and they both having substantial roles in handling the companys affairs. This principle has been settled by Lord Clauson in the 1943 case of Scott v Scott, where it provided the constitutional provision regarding the companys management. This case established that the power of management was given to the directors and held that shareholders should not intervene in the powers of the directors.[1] This was also affirmed by the statement of Buckley LJ in case Gramophone and Typewriter Ltd v Stanley, saying that directors do not act as the agent of the shareholde r when carrying out his director duties of the company and under company law he does not owe a duty to the shareholder.[2] One of the main issues of company law systems is how power is allocated between the board of directors and shareholders in handling companies affairs. On several occasions, there is a need for an interference or there are situations where there will be an overlap of powers between the members and directors. These overlaps usually come up because of a disagreement between the shareholders and the directors as to what is best for the company. The power of the directors to manage the affairs of the company has been established by the principles in the decisions of the court and entrenched the shareholders with the power to vote, appoint directors and vote on matters that does not involve the management of the company.[3] This paper examines the situations in which the principle of division powers is not strictly adhered to, also looking at the law in this area and the possible troubles they can run into. It moves further to discuss the situations in which shareholders can intervene in the duties of the directors, looking at the issues of who can use the corporate name in litigation, considering the rule in Foss and Harbottle and its exceptions. It also examines the situation where the directors do not exist or in deadlock and cannot act, and finally looks at the reserve powers of the shareholders mainly considering their power to give directors instructions. SHAREHOLDERS INTERVENING WITH THE DUTIES OF DIRECTORS The legal powers to act on behalf of the company is available to the board of directors and these powers are fused with that of the company and are not allowed to exercise any activity the company cannot perform.[4] They are subject to the restrictions that the companys constitution places on the company. A common situation where there might be an intervention of powers of the director by shareholders is in a case involving the use of the company name in litigation. This can be found article 3 of the model articles for both private and public companies.[5] The decision to start or end a legal proceeding falls under the general powers of management of the companys business and these powers are reserved for the directors. Although it has been expressed in the model articles, this area of law has been somewhat controversial. One of the leading cases here is John Shaw Sons Ltd v Shaw[6], where Greer L. J stated that à ¢Ã¢â€š ¬Ã‚ ¦If powers of management are vested in the directors, the y and they alone can exercise power. Hes decision here means that the directors exercised their powers properly and that the general meeting could not usurp this power. Critics of the rule of division of powers have considered the view of Judges in older cases such as Marshalls Valve Gear Co Ltd v Manning Wardle and Co Ltd[7] where the members of the company made a claim in the companys name and the directors disagreed with their resolution and tried to strike out their claims but were not allowed. Based on the Companies Clause Consolidation Act 1845 governing statutory companies, Neville J concluded that the members had the power to make a claim in the companys name, with the aim of preventing directors from acting in a conflicting manner to the members ordinary resolution.[8] Breckland Group Holdings Ltd v London and Suffolk properties Ltd, which was of similar facts to the Marshalls case drew the curtains to the issue[9] and took the view that directors only should exercise such powers. Despite this law the shareholders are not completely without influence, they still have what we might call their most important power which is the fundamental right of the shareholders to dismiss the directors by an ordinary resolution. This provision was introduced in the Companies Act 1948 and currently available by the Companies Act 2006, s168. The purposes of these actions are to provide a guarantee that the shareholders can dismiss directors by an ordinary resolution and for the purpose of providing justice to the directors. The view that the shareholders can dismiss the director was supported in John Shaw case in the words of Greer LJ saying, the only way in which the general body of shareholders can control the exercise of the powers vested by the articles in the directors is by altering the articles, or if opportunity arises under the articles, by refusing to re-elect the directors whose actions they disapprove.[10] This process requires a special notice given to the directors as an opportunity for them to defend their case to the general meeting. These powers are very important to the shareholders as this means they have an effective method of handling the companies polices and activities of companys directors.[11] This is necessary as it provides the directors with a good reason to serve the best interest of the company after they have been appointed.[12] The other situations in which the shareholders can exercise managerial functions of litigation include a situation where the board is in deadlock and the exception to rule in Foss v Harbottle. BOARD IN DEADLOCK Under certain circumstances the members can carry out the duties of the directors. A situation where the board of directors are in deadlock and unable to act, or when their meetings are inquorate. In the case of Alexander Ward and Co. Ltd v Samyang Navigation Co. Ltd, this case established the principle of residual authorities in the absence of an effective board [13]. In this case the company articles stated that the companys business shall be managed by the directors whoà ¢Ã¢â€š ¬Ã‚ ¦may exercise all such powers of the company as are not by the Ordinance or by these articles required to be exercised by the company in general meeting.[14] They argued that in the absence of directors, the company was incapable of taking legal action and this was rejected by the House of Lords. The principle of residual authority is important because it empowers the shareholders to make their own decision in place of the directors decision.[15] A similar decision to this was seen in the case of Foste r v Foster and it was established there that for the reason of transacting business the members can act as agents of the company in the absence of directors.[16] In the nineteenth century, there were the assumptions that the principle of residual authority in this area of law will be hard to defend but the more recent case of Barron v Potter has removed all doubts.[17] In Baron, the companys business was at a standstill as a result of the failure of one of the directors to show up at work. The decision of Warrington J stated that in the absence of the ability of the directors to appoint a new director in the present case, the companys general meeting has the power to do so.[18] RULE IN FOSS AND HARBOTTLE When there is an issue to be brought before the court, can the shareholders make a suit? The answer to this question was settled by the Rule in Foss v Harbottle and this leaves a negative answer subject to certain exceptions. The rule states that the court does not have the jurisdiction to interfere with the internal affairs of the company and in order to redress a wrong done to the company it should be brought by the company itself.[19] The rule makes provision for the directors or the majority shareholders at the expense of the interest of the minority shareholders. When the minority shareholder tries to bring a case to the court concerning wrongs done to the company, he is met with the defence that the company is the proper plaintiff or that it is a matter of internal management.[20] There are exceptions to the Rule in Foss and these rules were made to give the minority shareholders can have a chance to institute legal proceedings. The first exception to the rule is that of Ultra Vires and Illegality, where the act complained of is wholly ultra vires the company or association.[21] In this situation, a shareholder can bring action to the court when an illegal or some ultra vires act occurs. The shareholder can take an action for a declaration or injunction to retrain the act in question, for himself or he could represent the other shareholders on his side of the argument.[22] The second exception is that on Special Majorities, Where the issue is such that it could not validly be done or sanctioned by a simple majority of the membersbut only by some special majority.[23] In the case of Edwards v Halliwell, the trade unions rule required a two-thirds of majority of the members to increase subscription but the purported to do it by ordinary resolution. Jenkins L.J considered that a company in which its directors had broken the companys regulations by performing an act that requires validation by a special resolution without one. In such a scenario, the rule wil l not apply.[24] In the decision in Quin and Axtens, Ltd. V. Salmon, the rule in Foss was set aside, in this case the Article 80 provided that any resolution concerning the acquisition and letting of premises, should not be valid unless a notice has been given to each managing director. Salomon dissented from the decision of the directors but a simple majority of the shareholders passed a resolution confirming the decision.[25] It was held that Salomon had the right to an injunction to restrain the directors and the company from acting in a contrary manner to the provisions of the article, on behalf of himself and other shareholders on his side.[26] The third exception to the rule is that of Personal rights, where the personal and individual rights of membership of the plaintiff have been invaded, the Rule has no application at all.[27] The shareholders have right which are pulled out from the article of association and some of these rights are statutory which arise from the act.[28] In the case of Edwards v Halliwell, the court established that every shareholder of the company had personal right to prevent adjustments in rates of contribution to the trade union and in the case of Pender v Lushington, the articles enforced the right of shareholders to vote on company affairs, whether he votes in favour of the majority or minority, and an individual can sue in respect to this right.[29] The last exception to the rule will be considering here is Fraud by those in control.[30] This involves actions carried out that amount to fraud which is usually done on the minority shareholders, which is caused usually by an abuse of power by the directors.[31] The exception here has been made to protect the minority shareholders in which they can bring a minority shareholder action to the court on their behalf and on the behalf of other shareholders. Fraud can also constitute to what the general meeting cannot ratify. When a breach in fiduciary duties occurs, and cannot be ratified by the by the director it means that the director has acted in bad faith.[32] If a negligent act by the wrongdoers is benefited from, the authorities have suggested that it can be viewed as fraud on the minority.[33] THE SHAREHOLDERS RESERVE POWEERS The Companies (Modern Articles) Regulation 2008 applies to the new companies registered under the Companies Act 2006. It states out the division of powers between the members and the directors of the company. The Article 4 contains the reserve powers of the shareholders, stating that: (1) The shareholders may, by special resolution, direct the directors to take, or refrain from taking, specified action. (2) No such special resolution invalidates anything which the directors have done before the passing of the resolution.[34] There are certain obstacles that the shareholder may face in this approach. A possible setback could include the general meetings power to give directions to the board has been interpreted as subordinate to the powers of directors[35] as seen in the case of Scott v Scott where the constitution of the company gave powers to the general meeting to give directions to the board by ordinary resolution and it was held that the powers of the general meetings power doesn t qualify to the powers of the director.[36] It was also established that shareholders could give directions to the board but it does not have a binding effect. Gower suggests that the Article 70 of Table A recognises the general meeting may influence the future powers of the directors by passing a special resolution.[37] Does this means that by a special resolution the shareholders in the General meeting can restrict the future powers of the directors? Can the special resolution restrict or give a go ahead from entering a transaction? This has left many questions unanswered. Some have taken the view that the resolution of the directors does not change and remains valid as the directors resolution; the special resolution would only prevent the directors from acting upon it.[38] So, if the directors have come to a resolution of not entering a certain transaction, the shareholders under article 70 Table A could pass a certain resolution compelling them to enter the transaction.[39] The law in this area has often been criticized as being illogical because the law requires that when a director acts in an ultra vires manner these acts can be ratified by the shareholders but in a case where the shareholders need the directors to act in advance they must alter the articles of the company.[40] There have been some suggestions to this are of law, that shareholders may give directions to the directors to act beyond their powers, but within the powers of the company either before or after an ordinary resolution has been passed.[41] It could be argued that this will give way for an alteration to the articles by a majority vote. An example of a circumstance in which the directors act on the permission of the shareholders includes the allotment of shares. The section 551 of the Companies Act 2006 provides that by an ordinary resolution the members can grant this resolution even if the companys articles have to be altered in order for this to take effect.[42] CONCLUSION The lines between the division of the powers of the directors and the shareholders in UK law has been blurred and lacks a very sharp distinction. The law has experienced a decline in the shareholders power, though not making them powerless but compare to the directors their powers have been restricted. The area of cooperate litigation which has been settled as a management power of the director has made room for the shareholders in the exception to the rule of Foss and Harbottle, allowing the minority shareholders to bring legal action to the court on his own behalf and the behalf of those in favour of his decision. The removal of directors has also been one of their vital powers, when the directors have acted in a manner not at the companys best interest. In the absence of the directors or when the board is in deadlock the shareholders have the powers reverted to them and they can make company management decisions. The reserve powers of the shareholders have been argued to have substantial impact on the of the decision of the board where acting as a direct instruction from the shareholders or acting as a general supervisory set of rules. The themes discussed have demonstrated the approach of the court and law in this area of law, and show that the sharp distinctions between the powers directors does not apply in every instance. BIBLIOGRAPHY D. D. Prentice, Jurisdiction of Shareholders Meetings, The Modern Law Review, Vol. 40, No. 5 (Sep., 1977), pp. 587-590 Elizabeth Boros, How Does the Division of Power Between the Board and the General Meeting Operate? Adelaide Law Review 31 (2010) p.169-185 Elizabeth Boros, How Does the Division of Power Between the Board and the General Meeting Operate? Adelaide Law Review 31 (2010) Griggs, Lynden (1993) The relationship of the rule in Foss v. Harbottle to the statutory remedies for minority shareholders. Research Master thesis, University of Tasmania. John Davies, A guide to directors responsibilities under the Companies Act 2006, Certified Accountants Educational Trust, July 2007 L. S. Sealy, Company Law. Power of the General Meeting to Intervene, The Cambridge Law Journal, Vol. 48, No. 1 (Mar., 1989), Saleem Sheikh, William Rees, and Sheikh Saleem, Corporate governance corporate control (Cavendish Publishing 1995) Wedderburn, K.W., 1957. Shareholders rights and the rule in Foss v. Harbottle. The Cambridge Law Review, 15(1), 194-215. CASES Barron v Potter [1914] 1 Ch 895 Foster v Foster [1916] 1 Ch 532 Gramaphone Typewriter Ltd v Stanley [1908] 2 KB 89. Howard Smith Ltd v Ampol Petroleum Ltd [1974] AC 821 p837 John Shaw Sons (Salford) Ltd v Shaw [1935] 2 KB 113 Marshalls Valve Gear Co Ltd v Manning. Wardle CoLtd [1909] 1 Ch 267 [1] Elizabeth Boros, How Does the Division of Power Between the Board and the General Meeting Operate? Adelaide Law Review 31 (2010) p.169 [2] Gramaphone Typewriter Ltd v Stanley [1908] 2 KB 89. [3] Howard Smith Ltd v Ampol Petroleum Ltd [1974] AC 821 p837 [4] John Davies, A guide to directors responsibilities under the Companies Act 2006, Certified Accountants Educational Trust, July 2007 [5] SI 2008 No. 2860 (C. 126) [6] John Shaw and Sons (Salford) Ltd v Shaw [1935] 2 KB 113 [7] Marshalls Valve Gear Co Ltd v Manning. Wardle CoLtd [1909] 1 Ch 267 [8] ibid [9] L. S. Sealy, Company Law. Power of the General Meeting to Intervene, The Cambridge Law Journal, Vol. 48, No. 1 (Mar., 1989), pp. 27 [10] John Shaw Sons (Salford) Ltd v Shaw [1935] 2 KB 113 [11] Farouk HI Cassim, The Division and Balance of Power between the Board of Directors and the Shareholders: The removal of Directors, Banking Finance Law Review 29 B.F.L.R. p. 154 [12] Ibid. [13] D. D. Prentice, Jurisdiction of Shareholders Meetings, The Modern Law Review, Vol. 40, No. 5 (Sep., 1977), pp. 587 [14] Alexander Ward and Co. Ltd v Samyang Navigation Co. Ltd [1975] 1 WLR 673 [15] D. D. Prentice ibid [16] Foster v Foster [1916] 1 Ch 532 [17] L. S. Sealy, Company Law. Power of the General Meeting to Intervene, pp. 28 [18] Barron v Potter [1914] 1 Ch 895 [19] Wedderburn, K.W., 1957. Shareholders rights and the rule in Foss v. Harbottle. The Cambridge Law Review, 15(1), 195 [20] Griggs, Lynden (1993) The relationship of the rule in Foss v. Harbottle to the statutory remedies for minority shareholders. Research Master thesis, University of Tasmania. pp. 22 [21] Wedderburn, K.W, p.203 [22] Ibid. [23] Griggs, Lynden (1993) pp. 23 [24] Wedderburn, K.W, p.207 [25] Ibid. [26] ibid. [27] Ibid. pp 203 [28] Ibid. pp 209 [29] Ibid. [30] Griggs, Lynden (1993) pp. 24 [31] Ibid. [32] Ibid. pp 27 [33] Ibid. pp 26 [34] The Companies (Modern Articles) Regulation 2008, Article 4 [35] Elizabeth Boros, How Does the Division of Power Between the Board and the General Meeting Operate? Adelaide Law Review 31 (2010) p.171 [36] Ibid. [37] Saleem Sheikh, William Rees, and Sheikh Saleem, Corporate governance corporate control (Cavendish Publishing 1995) p. 22 [38] Ibid. [39] Ibid. [40] D. D. Prentice, p.588 [41] ibid [42] Ibid pp. 589

Thursday, September 19, 2019

Aztecsinga Clendinnen Essay -- Essays Papers

Aztecsinga Clendinnen Inga Clendinnen has had a fascination for the MesoAmerican area and it's history for over 30 years. Having wrote many books on the peoples and history of the region, her knowledge makes her well qualified to write a book such as Aztecs. The book is not one based on historical facts and figures, but one which is founded on interpretations of what the author believes life was like in different spheres of Aztec life. Clendinnen refers to the Aztec peoples as Mexica(pronounced Meh-SHee-Kah)as that is what they called themselves and her interpretations of Mexican ceremony as a form of visual performance is breathtaking. We firstly delve into the city and what it means to the Mexica people. Then, we enter the minds of the people who enjoy their part of society in different ways. From the warriors and priests, to the mothers, wifes and children of Tenochtitlan. Next, Clendinnen enters the world of rituals, sacrifices and aesthetics before finishing off with the defeat of the Mexican city of Tenochtitlan by the forces of Cortes in 1521. Studys into the Aztec way of life have usually focused on the Spanish conquests, rise to power of Tenochtitlan and especially into the ritual performances conducted by the peoples of Mexica. Aztecs:An Interpretation focuses more on the authors interpretations of what the Mexica people may have thought, felt or understood about the world around them. Clendinnen attempts to understand Mexica belief `not in belief at this formal level,but in sensibility:the emotional,moral and aesthetic nexus through which thought comes to be expressed in action,and so made public,visible and accesible to our observation.'1. Clendinnen states that the `account will unhappily,but by necessity,lack historical depth,'2. The sources that she has access to are numerous but Clendinnen chooses to concentrate on General History of the Things of New Spain. A book written by Bernado de Sahagun, a Franciscan monk. This book is commonly called the Florentine Codex and deals with information gathered by Indian scribes. The codex is twelve volumes in length and was collected after the conquests of the Mexica by Spain. Clendinnen states that though the Codex has fallen out of favour with scholars,`they still use them extensivly' 3. The main writing format consists of `essays-tentative,discusive explorations'4. usi... ... A few photos of Tenochtitlan and warriors headdresses, clubs and obsidian blades would increase the pleasure 10 fold. Also in places the author tends to divert to other Ameriindian cultures and use their ritual practices as examples. These comparisons can bring the ritual practices of a 500 year extant culture into modern day belief. Inga Clendinnen's Aztecs:An Interpretation is an outstanding book dealing with investigations into how the Mexica peoples may have veiwed the world in which they lived. From the daily life of a commoner to the explosively, awe inspiring lives of the priests and warriors. Clendinnen has used thoughtful insights and a fresh perspective that will have general readers and specialist readers alike engaged in a powerful and elegantly written interpretation that is hard to put down without reflection upon this lost culture. Bibliography: 1: Clendinnen,Inga.Aztecs:An Interpretation.(New York:Cambridge University Press,1991),pg 5 2: ibid.,p.7 3: ibid.,p.9 4: ibid.,p.11 5: ibid.,p.11 6: ibid.,p.17 7: ibid.,p.112 8: ibid.,p.219 9: ibid.,p.269 10: ibid.,p.269 11: ibid.,p.269 12: ibid.,p.270

Wednesday, September 18, 2019

Dissolution of the theory of Spontaneous Generation :: essays research papers

Spontaneous generation is the belief that some life forms are created from non-living things. It was an accepted theory to explain the creation of living things since the times of the ancient Romans to the early nineteenth century, when people began to become more skeptical of this idea. By the 20th century, spontaneous generation was known to be an incorrect theory. The reason it was known to be incorrect, primarily, was because of four scientists: Francesco Redi, John Needham, Lazzaro Spallanzani, and Louis Pasteur. Francesco Redi, in 1668, started the chain of experiments that would all add up to dissolve the theory of spontaneous generation. Redi was able to do this by doing a famous experiment involving meat and flies. He covered a jar of meat so no flies could enter it and, after a few days, there were no flies. This experiment showed that flies were not created from meat. This, in turn, showed to other scientists that â€Å"larger† organisms were not created spontaneously. Redi’s experiment was monumental because it was the first time spontaneous generation had been disproved by concrete evidence. Along with that, the experiment’s result was a step for other scientists to build on in the future. Without Redi’s findings, the process of proving spontaneous generation was a false theory could have been delayed drastically. The next two scientists to make significant impacts on the theory of spontaneous generation were John Needham and Lazzaro Spallanzani. John Needham was a Scottish clergyman who, from 1745 to 1748, attempted to show that there was a life force in the molecules of all inorganic matter that caused spontaneous generation to occur. He went about doing by doing experiments which showed bacteria would form in soups. Seventeen years later, Italian biologist Lazzaro Spallanzani tried to disprove Needham’s belief. Spallanzani went about this by doing three experiments. The first experiment was done by boiling soup for an hour, putting it in a flask, and then sealing off the flask. The second experiment involved boiling soup for a few minutes, putting it in a flask, and sealing it of. The third experiment was done by boiling soup for an hour, putting it in a flask, and sealing the flask with a cork that let air in. Out of the three experiments, the first experiment was the only one which led to no bacteria forming. From these experiments, Spallanzani figured that an hour of boiling could kill the bacteria and bacteria came to substances through the air.

Tuesday, September 17, 2019

Was the 1989 Tiananmen Square Massacre a Failure of Civil Disobedience?

The 1989 Tiananmen Square Massacre in China or the June Fourth Incident was one of the most famous student protests in the world’s history. The Massacre took place on June 4th 1989 – the last day of a series of pro-democracy demonstrations around Tiananmen Square beginning from April 14. The Tiananmen protest ended in tragic failure and bloodbath as the Chinese state decided to put down the protest with a martial law. At last, army troops and tanks were sent to take control of the city and were ordered to clear the square by firing at the crowd of protesters. The number of deaths has been a matter of controversy over the world until now, which ranges from several hundreds to thousands. In spite of the massiveness and the great influence of the protest, June Fourth was a great failure of civil disobedience because of its lack of organization and the dominant power of the Chinese dictatorial government. The root of protest came into existence since the early of 1980s after the death of Mao ZeDong – the first chairman of the Communist party of China – in 1976. Since the communist party came to power, it had conducted many social and economic campaigns that had tremendous influence on the nation. The total domination of the socialist government towards the society caused many mistakes that made China face many disasters, for example, the severe famine caused the death of 30 million people from 1959 to 1961 (Zhao 42), or the Cultural Revolution which annihilated traditional culture and murdered a lot of intellectuals. In 1978, the new leaders decided to reform to rescue the Chinese economy which was on the verge of collapse. They corrected the past mistakes with an open-door policy on all areas from economy to culture, thus loo... ...down the student demonstrations and somehow killed the revolution spirit of the people, the world will always remember the Tiananmen protest as significant, bravery and dramatic civil disobedience in the pursuit for democracy. Works Cited Branigan, Tania. â€Å"China lifts ban on Tiananmen sites.† Guardian.co.uk 3 August 2008. . Mackerras, Colin. â€Å"June Fourth.† Dictionary of the Politics of the People’s Republic of China. 1st ed. 1998. Pei, M. From Reform to Revolution: The Demise of Communism in China and the Soviet Union. Harvard University Press, 1994. Zhang, Liang. The Tiananmen papers. Ed. Andrew J. Nathan and Perry Link. 1st ed. New York: Public Affairs, 2001. Zhao, Dingxin. The power of Tiananmen. Chicago and London: The University of Chicago Press, 2001.

Expiration Date on Marriages

According to a study from the Center of Women's Resources, for every two hours a woman is either slapped, beaten and subjected to other forms of abuse. In a day, twelve women submit to cruel acts caused mostly by their loved ones or people they know, making violence the number one crime against women. Statistics shows that there are too many victims of abuse yet no actions have been done. Margie Tajon, president of the 1-Babae Astig Aasenso (1-ABAA) party-list group, suggests that the proposal for 10-year expiration on Marriage would strengthen marriage and not destroy it. Tajon stated in an interview that this would allow couples to reassess the status of their marriage. In one of her points she states that it would benefit incompatible pairs who would like to be separated legally but have to undergo a tiring and lengthy process to annul their marriage. She stated that â€Å"Marriage annulment cases are clogging up our courts and we have to find a means to address the problem†. According to reports there were 8,000 annulment cases reported in 2008 and there are still more being deliberated in courts. A marriage license is a requirement for either a Civil or Church wedding to be held in the Philippines. The Application Form for a marriage license must be secured at the Local Civil Registrar from the city, town or municipality where the bride or the groom resides. The personal appearance of the couple is required in applying for the marriage license. Both parties involved shall file separately a sworn application for each license with the proper local civil registrar and proper supporting documents shall be submitted. According to Philippine law a ten-day waiting period is prescribed from the filing of the Application to the issuance of the marriage license. The license is valid for 120 days from date of issuance and may be used anywhere in the country. A marriage license is just like any other form applied for in the country. Like a passport or driver’s license which expires, why can’t a marriage expire too? According to Sen. Alan Peter Cayetano: â€Å"It’s a reflection of what is happening in our society,† referring to the growing clamor from women for more rights and social freedoms. Senate Minority Leader Aquilino â€Å"Nene† Pimentel, Jr finds the idea as funny. â€Å"It’s the funniest thing I’ve heard in my life. Does it mean marriage is just a trial? † Pimentel said of the proposal. Pimentel added that the issue of a marriage contract with an expiration date will go against the belief of the Filipino people that marriage is a sacred union done in the eyes of God. We are a predominantly Catholic country and the views of the people from the church are important. The Chairman of the CBCP’s National Appellate Matrimonial Tribunal said that the proposal is â€Å"some kind of desperate approach to right a wrong by something wrong. †. He says that â€Å"It is wrong for couples to separate and here comes a proposal for them to precisely separate,†. According to him there are dire consequences for this proposal. The most serious of which is the emotional trauma on the children whose parents are separated. It will also produce more children and result in a population explosion. He added that a man who gets married at age 20 and decides not to renew his marriage with his wife can go on and on until he marries his sixth wife at age 70. The question here is if we would allow such a thing to happen and I say yes. We may say that the family is the basic unit of the society and that it holds our society together but what about the individual? Families may seem happy on the outside but the inner workings are messed up. They may say that children will undergo emotional trauma if their parents separate. Children also undergo emotional trauma if they see or hear their parents fighting and if these situations worsen it will lead to abuse not only to the mothers but to the children as well. Our society has a problem indeed. We are stuck in the ways of the cavemen and our brain closes itself to the more liberated ideas which really benefit us.

Monday, September 16, 2019

The Main Purposes Of Budgeting Accounting Essay

As Bhimany et Al. stated in 2008 â€Å" A budget is a quantitative look of proposed program of action by direction for a future clip period and is an assistance to the coordination and execution of the program. It can cover both fiscal and non-financial facets of these programs and acts as a blue-print for the company to follow in the extroverted period † . The budgeting system is a conventional manner of managing and directing companies. Fiscal sections use the budgeting method to program and form them company ‘s concern activities in the undermentioned twelvemonth of their company. Budget is a criterion with which the existent informations can be compared. ( Joshi et al. , 2003 ) Some of the primary intents of the budget are to actuate employees, allocate resources and organize operations within an organisation. Budgeting is aimed to ease duty distribution and is used to measure public presentation ( Libby & A ; Lindsay, 2003 ) . Particularly today, because of the fiscal crisis that Greece and many other European states are traveling through, concerns runing in those states need to experience secured and protected. This is where budget gets involved in order to inform the direction of the company on what will be the disbursals for the approaching twelvemonth.Main Purposes of BudgetingCompanies used budget at its really first old ages of being as a control map merely ( Libby & A ; Lindsay, 2003 ) , but today there are several aims and intents of the budget and the intents differ from company to company. Drury ( 2004 ) references that the chief intents of budgeting are: Planing Companies must cognize that they act in the best manner in order to accomplish their ends and marks. This is where budget is coming to be after the future activities of the organisation. Planing budget is used to be after gross revenues, fiscal issues, purchase of stuff, etc. Through planning, a company can be cognizant of how many resorts are needed, giving the possibility to be after influxs and escapes of liquidness. The directors, who set a budget, must be cognizant of any future alterations or jobs that may happen. This gives the privilege to take actions in order to avoid that job before it strikes the company ( Granof & A ; Khumawala, 2010 ) . Coordination All units within an organisation are, more or less, dependant on each other. By utilizing a budget the units have to collaborate and compromise when it concerns limited resources. Every unit has their ain budget and when these budgets are compiled, defects and inaccuracies are revealed. The budgets can be a manner to detect coordination and cooperation jobs. The budget is meant to do it possible to see the organisation as a whole and seek to work out struggles. If sections have different ways of making things, the budget makes the sections ‘ via media and work together, in order to do the budget for the whole organisation complete. To cut down the hazard of overcapacity within the company it is of import to dimension the organisation. By comparing budgets from sections they contribute to organize the size of production. Communication Budgets contribute to good communicating through the exchange of information that takes topographic point during the budgetary procedure. The budget procedure enables employees to pass on and portion their thoughts with other workers within the organisation. Through treatments, employees can portion their sentiments and thoughts with each other. For directors, the budget can be used to pass on and explicate schemes and ends within the company to the employees. Furthermore it connects sections and gives insight and understanding for each other. Resource allotment Budgets are aimed to ease resource allotment within companies, secure that the resources are being used efficaciously and that the right sum is distributed to the sections, which is important. Unit of measurements in the organisation acquire different precedences. By administering resources to units, resource allotment could be seen as a control tool. However, this kind of direction requires that the directors take an active portion in the budgetary procedure. They need to be good informed about the factual inquiries and have all refering facts and inside informations. Performance rating The budget maps as a control system for public presentation rating. By puting budget marks the accountable are held responsible for making the aims. Through a follow up of the budget, which means when the budget is being compared with the existent result, directors can be evaluated. When followups are made it is possible to detect fluctuations from program. Concentrating and seting attempt into divergences from program is called â€Å" direction by exclusion † . By look intoing the grounds to why the fluctuations occur, actions can be taken. When budgets are made for shorter periods than a twelvemonth, it can be valuable to do follow-ups every month and this enables alterations if the existent results vary from program. Therefore, this requires that the original budgets are distributed right over the twelvemonth and that directors have made an attempt to do budgets every bit realistic as possible for every month. Analyzing the budget every twelvemonth and examine if there are any big fluctuations can ease to more useable budgets in the hereafter. Responsibility distribution Budgets are frequently used for distribution of duty. A survey proved that utilizing a budget for administering answerability is more of import than utilizing it as a control tool. During the budget procedure, duty is assigned to employees and it is critical that the directors clarify what is expected from the employees. A followup is being made to vouch that the managers/employees have lived up to their committedness. It is a common committedness between the company and the accountable. The company contributes with the resources needed and the accountable are responsible for making what they said they would make. Further, the budget is a tool to do directors responsible for their actions and to work in the best involvement of the organisation. Establishing aims In organisations the budget is used for puting marks for directors. It is common that directors receive a fillip if they are able to â€Å" lodge to the budget † and make the ends. The aims indicate what is of import in the organisation and what it is seeking to accomplish. Different marks for each unit within the organisation are aimed to demo what is expected of them. The aims for the organisation are being divided into ends for every section. When puting a budget for a decentralised organisation it is a requirement that the chief budget is divided into budgets for every unit. Drury ( 2004 ) states that there are three different sorts of marks for an organisation: mission, corporate aims and unit aims. The mission of an organisation is the ground to why the company exists ; it describes in general footings, which the clients are, and what the construct of the company is. Corporate aims are specific ends for an organisation and the board of managers frequently set up them, e.g. return on equity, market portion etc. Unit of measurement aims are the ends for the units in the company. While corporate aims are seen as ends for the organisation as a whole, unit aims are made for different parts of the organisation. Motivation Budgets are used as a motive tool. When employees are involved in the budget and mark setting-process, they are frequently more motivated to seek to accomplish the ends. By puting clear and defined marks based on the budget, employees understand what is expected of them and can therefore experience more motivated. Though, this requires that marks are set on an appropriate degree and that they are disputing but realistic. Meanwhile, if the marks are excessively hard to accomplish they could alternatively be de-motivating. The chief intents stated above are complemented with two intents by Ax et Al ( 2009 ) : Awareness The budget creates awareness about the organisations ends and to do workers understand the â€Å" large image † . Forces can understand how their work is lending to the organisation as a whole alternatively of merely seeing their ain unit ( Ax et al, 2009 ) . Incitation Normally, organisations use the budget as an incitation for the employees. The budget becomes a benchmark for what is a sufficient degree to make. By comparing the budget with the existent result, a wages for the accountable can be made ( Ax et al, 2009 ) . Budgeting is a time-consuming and dearly-won occupation. The development of a budget includes many insistent stairss before the budget is eventually approved. As an illustration, participative budgeting ( which is supposed to be a better theoretical account ) involves directors at all degrees ( and sometimes all of the employees ) developing their ain initial estimations for gross revenues, costs, etc. This procedure requires tonss of dialogues between directors at different degrees until a budget evolves which is acceptable to all degrees ( Langfield-Smith, Thorne & A ; Hilton, 2006 ) . Bartrum ( 2006 ) cites the Hackett Group ‘s research to show that even the most efficient companies take 79 yearss to be after their budgets, while the worst take 210 yearss to finish the whole procedure. The Ford Motor Company has calculated that they spent $ 1.2 billion yearly for budgeting ( BBRT, 2006 ) . This is because it involves many people in the organisation and absorbs up to 20-30 per centum of top executives ‘ and fiscal directors ‘ clip.Stairss in fixing a budgetHarmonizing to Bragg ( Bragg, 2011 ) these are the stairss that should be done in order to fix an efficient budget: Update budget premises. Review andA conveying the premises which were used in the latest budgeting theoretical account to day of the month. Reappraisal constrictions. Determine what is restraining the company from bring forthing farther gross revenues, and explicate how this will act upon any auxiliary company gross growing. Available support. Determine the most expected sum of support that will be available during the budget period. Measure bing points. Determine whether any measure costs will be sustained during the likely scope of concern activity in the approaching budget period, and specify the sum of these costs and at what activity degrees they will be incurred. Create budget bundle. Copy forward the basic budgeting instructions from the direction package used in the old twelvemonth. Update it by including the year-to-date existent disbursals incurred in the current twelvemonth, and besides annualize this information for the full current twelvemonth. Add a commentary to the package, saying measure bing information, constrictions, and expected support restrictions for the upcoming budget twelvemonth. Issue budget bundle. Publish the budget bundle separately, where possible, and reply any inquiries from receivers. Besides province the due day of the month for the first bill of exchange of the budget bundle. Obtain gross prognosis. Obtain the gross prognosis from the gross revenues director, formalize it with the CEO, and so administer it to the other section directors. They use the gross information as the footing for developing their ain budgets. Obtain section budgets. Obtain the budgets from all sections, cheque for mistakes, and comparison to the constriction, support, and measure bing restraints. Adjust the budgets as necessary. Obtain capital budget petitions. Validate all capital budget petitions and send on them to the senior direction squad with remarks and recommendations. Update the budget theoretical account. Input all budget information into the maestro budget theoretical account. Review the budget. Meet with the senior direction squad to reexamine the budget. Highlight possible restraint issues, and any restrictions caused by funding restrictions. Note all remarks made by the direction squad, and frontward this information back to the budget conceivers, with petitions to modify their budgets. Process budget loops. Track outstanding budget alteration petitions, and update the budget theoretical account with new loops as they arrive. Publish the budget. Make a bound version of the budget and administer it to all authorized receivers. Load the budget. Load the budget information into the fiscal package, so that you can bring forth budget versus existent studies.Budget ArgumentsHope and Fraser ( 1997 ) argue that with the large alterations in the concern universe, rational assets accounting for 80-90 % of market capitalisation. While many companies recognize that the underlying beginning of future hard currency flows progressively comes from the effectual direction of rational assets, it is beyond the capableness of budgets to properly history for these rational assets. In other words, merely 10-20 % of a company ‘s value can be analyzed by its budget. Banks in Scandinavia utilizing budgets have an mean 70 % of cost/income ratio. In contrast, Svenska Handelsbanken, which does non use budgeting, has a 45 % cost/income ratio ( Hope & A ; Fraser, 1997 ) . This shows that budgets add small or no value to stockholders ‘ assets. Budgets are stiff, restricted and fixed to unreal period. The budget period can be excessively long to accommodate today ‘s dynamic and rapidly altering market ; conversely, the financial twelvemonth may be a excessively short-run skyline for planning and maneuvering some major activities of today ‘s companies, like R & A ; D, trade name development or turning concern relationships between spouses and possible clients. So budgets can curtail or impede concern and organisational development in the long tally while adding small, if any, value to the concern.How make budget enhances control?Owing to the inauspicious effects of go againsting budgetary authorizations, both authoritiess and nonprofit organizations can construct precautions into their accounting systems that help guarantee budgetary conformity. These include fixing journal entries both to enter the bud- get and to give acknowledgment t o goods and services that have been ordered but non yet received. We begin the treatment by depicting the basic books of history maintained by authoritiess and nonprofit organizations and demoing how they accommodate these precautions. The basic books of history of both authoritiess and nonprofit organizations correspond to those of concerns. They consist, either in manual or electronic signifier, of: Diaries, in which journal entries are recorded. Most minutess are entered ab initio in a particular diary, such as a belongings revenue enhancement hard currency grosss diary, a parking mulcts hard currency grosss diary, a purchases diary, or a hard currency expenses diary. Both no everyday minutess and history sums from particular diaries are recorded in a general diary. Ledgers, in which all balance sheet and operating histories are maintained. The general leger consists of control histories that summarize the balances of the elaborate subordinate histories that are maintained in subordinate legers.Key stages of budget rhythmBudgeting patterns in neither authoritiess nor nonprofit organizations are standardized ; they differ from entity to entity. However, irrespective of whether the budget is of object categorization or public presentation type, in most organisations budgeting is a uninterrupted, four-phase procedure: Preparationaˆ? Legislative acceptance and executive blessing Execution Reporting and scrutinizingBudgetary ControlThe budgetary control provinces: The designation of controlled and non-controlled points On the issue of the hierarchy of control The effectivity and impact of control The importance of divergences and bounds of control The positive and negative facets of Budgeting Control Controlled and non-controlled points The budgetary control requires: The separation of disbursement controlled ( elastic ) and uncontrolled ( inelastic ) costs. The separation of concern centres or countries of duty. Should endeavour to increase the governable costs, otherwise we will stop up in bureaucratic disposal, which is distant from the centres of outgo and hence non cognizant of the existent demands.Hierarchy Of ControlChiefly, the content of feedback at different degrees of authorities. The information about the consequence of the modulated harmonizing to the degree of duty and authorization in which the auditee is under budget. Each officer is informed of the result of its country of aˆâ€ ¹aˆâ€ ¹responsibility and the lower. The separate and elaborate information moves from the lower to the upper degrees of authorities progressively centralized and ensures the undertaking rating in upper and cardinal authorities on the province of the concern.Effectiveness Of ControlThe effectivity of control depends chiefly The acceptableness of the budget of those who would hold to implement. The grade of power in relation to the duty assigned to each degree of the hierarchy. The duty must travel manus in manus with duties. Easy flow and completeness of information. The budgetary control is simple, apprehensible, and paperss the findings.Signifocance Of GapsA divergence is important when taking the disposal to take disciplinary steps. Specifying the boundaries of allowable differences are either statistically or through empirical observation. Deviations must reply the undermentioned inquiries: Where are due The factors that cause is inadvertent or non They could supplyPositive and negative elementsThe budget establishes quantitative and temporal action plans The budget control gives specific content to power and duty of direction. The budgetary control system is an information and coordination activities. The budgetary control minimizes clip sensing of mistakes and accelerates the procedure of work outing. There is besides the possibility that the budget will do jobs in effectual concern and human relationships, based on defective projections imposed by autocratic no overall premiss of aims and a agency of patroling instead than encouragement of people in taking the right enterprises.Puting The TargetThe budget is based on normal and non standard. Serve short-run ends but must be aligned with a long-run strategic end. When you enter this strategic nonsubjective all waies and programs of action plans seek to accomplish. Such strategic aims are: Addition market portion Decrease of production costs Addition Net income Increasing Competitiveness Goal scene is necessary because: Establishes a disciplined attack to work outing jobs Enters individual mindset in concern Coordinates the execution of plans and budgetsImportant FactsThe design can be long and short term. The strategic end is non structured job but a vision. The long design gives waies taking to vision. Long-run plans covering a period of 3-5 old ages and up to 10 old ages. The plans cover a short period of 6 months to 1 twelvemonth. The short plans are characterized by lucidity, truth and item points non qualify long. It should nevertheless be noted that the

Sunday, September 15, 2019

Pestel

Pestel P2: The pestel framework: The PESTEL framework categorises environmental influences into six main types: political, economic, social, technological, environmental and legal. Why you are using it: Thus it provides a clear list of influences on the possible success or failure of particular strategies apple uses or will use. Analyse how the pestel factors that may affect company: Political factors look at government policies, taxation changes, foreign trade regulations, political risk in foreign markets and changes in trade blocks (EU).In this case Apple†¦(article or) Economic factors look at business cycle and GDP trends, interest rates , unemployment rates, disposable income and exchange rates. In this case Apple.. (article or ) Socio cultural factors look at population changes, lifestyle changes, changes in tastes and fashion and culture. In this case Apple†¦(article or) Technological factors look at new discoveries and technology developments, ICT innovations, Rates of obsolescence and Increased spending on R&D. in this case Apple.. article or) iTunes 11 remains much the same as it has always been – bar some radical new design and front-end improvements. The visual redesign is obvious, with music selection laid out in a more logical manner. One of the few new features to be implemented in the update is the inclusion of the Miniplayer which, instead of being a mode within the application, appears in a completely new window. Another simple, yet helpful, addition is the inclusion of buttons which allow users to switch between the iTunes store and back to the library.However, Apple has made some good technological developments especially with their current Iphone5. It is half an inch bigger (4-inches), lighter (112g) and has a more powerful A6 chip than the previous. Siri (voice control software) has been updated so users can ask it to recommend films and restaurants and update their Facebook accounts verbally. The 4G network offers speeds up to five times faster than 3G. This will allow uninterrupted access to the web on the go, high definition films to be downloaded in minutes and TV to be streamed without buffering.The Camera includes a Panorama function: sweep phone sideways and software stitches images together. Finally a new software feature is a much whizzier Maps app which includes photo-realistic 3D cityscapes for some areas. Environmental (green) factors look at environmental protection regulations, energy consumption, global warming, waste disposal and re-cycling. In this case Apple†¦(article or) A Chinese environmental group singled out Apple for criticism in 2011, accusing the company’s Chinese suppliers of discharging polluted waste and toxic metals into surrounding communities and threatening public health.Factories that the group suspected were Apple suppliers often â€Å"fail to properly dispose of hazardous waste† and that 27 of the suppliers had been found to have environmental pr oblems. Also in 2011, 137 workers at a Chinese factory near the city of Suzhou had been seriously injured by a toxic chemical used in making the signature slick glass screens of the iPhone. In 2010 one of Apple’s biggest suppliers was hit by a wave of worker suicides at several of its mainland Chinese facilities.Also, in May, two people were killed and more than a dozen were injured in Chengdu city, in southwest China due to an explosion and fire at a plant that made Apple products. Legal factors look at competition laws, health and safety laws, employment laws, licensing laws and IPR laws. In this case Apple.. (article or) Apple Inc. of the U. S. and Samsung Electronics Co. of South Korea are embroiled in legal battles in 10 nations over intellectual property, spanning dozens of cases. Here are details of some of the bigger legal fights: In the U. S. , Apple scored a major victory on Aug. 4 2012 when a jury found Samsung had â€Å"willfully† copied Apple's iPhone and iPad, and awarded Apple $1 billion in damages. Apple is now requesting eight Samsung products be banned from the U. S. market. A hearing was rescheduled for Dec. 6. April 15, 2011 –In south Korea, Apple files a patent suit against Samsung claiming that it had copied the â€Å"look and feel† of iPhone, iPod Touch and iPad for its Galaxy smartphones and tabs. Apple lays out a total of 16 claims covering software and hardware. However, the court on Aug. 24 2012 dismissed Apple's claim that Samsung copied the look and feel of the iPhone and the iPad.Still, the judges issued bans on some Samsung and Apple products. It found that Apple illegally used Samsung's wireless technology while Samsung violated Apple's patent related to the way mobile devices notify users when an image reaches to the end. In Japan, the Tokyo District Court denied Apple's claim on Aug. 31 2012 that Samsung infringed upon Apple's patent to have mobile devices and personal computers â€Å"synchronizeâ €  or share data with each other. Other cases in Japan are still pending. P9 Summarise key implications of the pestel analysis (e. g. threats/opportunities): SWOT

Saturday, September 14, 2019

Hsa 535 Week 8 Assignment 4

Clinical Epidemiology And Decision Making March 2, 2013 Class HSA/ 535 Week 8 Assignment 4 Submission Assignment 4: Clinical Epidemiology and Decision Making Case Study Due Week 8 and worth 150 points The Pew Center on Global Climate Change reported in September 2011 that the number of flood damages in the Northeast continues to rise. In Wilkes-Barre, PA, 75,000 people were evacuated as the Susquehanna River crested at a record of 42. 7 feet. An estimated 5,400 homes and business suffered some sort of flood damage during that event, and 124 sewage treatment plants were affected by the flood, with 14 of them spilling raw sewage into waterways.Reports indicate that mold infestation, which can cause adverse health effects, is now a major concern among residents in Pennsylvania and New York. One organization, the Pennsylvania Department of Environmental Protection, will be preparing a report for citizens in the affected areas on this issue. Write a four to eight (4-8) page paper in which you: 1. Formulate a plan on how you would use clinical epidemiology to guide your opinions and actions on dealing with this issue. With Clinical Epidemiology this refers to the use of evidence which is derived from observational and experimental studies.Because of human illness or risk factors Clinical Epidemiology primary purpose is to resolve illness and prevent risks involved. There is much evidence to clinical practices. When it comes to the prevention of mold it is because of experience from certain events that occurred like floods for example. As the number of floods increase this topic will grow. This will be a big issue in the northeast and there will be an interested in ways to prevent mold growth in homes. When it comes to mold it needs the right temperatures and moisture to grow.Mold is commonly found in dark and damp place, where the air and sun cannot generate drying power. In many homes mold is capable of growing in crawling spaces, basements, wall cavities, mechanica l systems and even showers. Most molds do not often cause disease in healthy people. However mold can cause risk to those with weak immune systems. These patients can be the young, elderly, AIDS patients, cancer patients, even diabetes patients. Mold relate illness can take three forms. The first is infection of the host and the growth of a person which grown with someone who is immune system is impaired.Second mold can cause allergic reaction if inhaled or ingested. Then finally it can cause serious illness if not prevented or treated. It can eventually cause illness such as cancer, and asthma. 2. Propose three (3) types of molds that could develop from flood damage and the associated health risks with each type of mold. Three types of mold that can develop after a flood is Memnonielle, Stachybotrys, and Alternaria. Memnonielle is one of the most common type of mold found in homes. This mold can grow on paper, cotton and wood products.Memnoniella can develop toxins which are harmfu l to animals and humans. Stachybotrys is a slimy, blackish which is referred to as toxic black mold. Like Mennoniella it can produce toxins and be harmful to your health. Stachybotrys is found in the back of walls and ceilings. This type of mold can cause cancer, asthma and headaches. Alternaria is another common mold found in home. This is an allergic mold. It can also be found on soils and plants. If you inhale this type of mold it can cause you to have asthmatic reactions, hay fever and various allergies.Some of the health risks involved is respiratory problems such as wheezing and asthma attacks. Nasal and sinus congestion or dry hacking cough is a sign of mold. Another issue is eye irritation such as burning, watery or redness. There can also be nose of throat irritation such as sneezing or bloody noses. Some skin irritation can cause such as hives or rashes. And another problem that can result from mold is nervous system problems such as headaches, memory loss, mood changes an d aches and pains. The most toxic of mold is Stachybotrys atra which resembles a black slimy tar. 3.Outline a plan to communicate key information to health practitioners who will most likely treat the symptoms of mold. Include a timeline when this outbreak can be expected. When it comes to mold, assessing a cleanup procedure requires individuals to wear respirators that are more protective than just plan dust masks. Some other prevention methods are to fix any flood problems and to clean up any damp areas. Preventing seepage of water is important in preventing mold growth. Mold can grow 24 to 48 hours after exposure to water so it is important that you clean up right away if a flood occurs.Making sure you have the right equipment is important . Cleanup materials is important such as disinfected products. And protection from exposure is another important tool to keep in mind 4. Compare three (3) methods that could be used to decrease mold or exposure to mold. Include the advantages a nd disadvantages of each method. Some methods that could decrease mold exposure is to make sure you keep that area clean. Making sure fabric in the home are clean and dry. Also store clean fabric in ventilated areas. Making sure air ducts are cleaned and if there is mold in there it’s important to it clean up.Keeping the area in the home dry is important, reducing moisture in the air by using fans, dehumidifiers, opening windows and even using air conditioners is important. Keeping your home below 40% humidity is important in the prevention of mold growth. In moisture prone areas it’s important to use manmade fibers. Another way to prevent mold is to make sure you disinfect it. Checking potentially problems areas such as bathroom, laundry and mechanical rooms for mold. Using bleach will disinfect moldy areas. Material that you would need is a mask, gloves which should be latex or rubber.Buckets a scrub brush, broom or mop, disinfected chlorine bleach, trash bags, wet d ry shop vacuum, and non-ammonia detergent soap cleaner. 5. Formulate three (3) talking points the Pennsylvania Department of Environmental Protection can use when addressing the concerns of the community on health risks associated with mold and what preventative measures can be taken avoid contracting this infection. Some talking points that can be used in addressing the concerns of health risk associate with mold be first to educate others about what to look for.Recognizing mold like the sight of mold which can be found on walls and ceilings. There can also be a smell that comes along with mold. It can be a bad odor such as a musty earth smell or foul stench. Another topic could be about safety and preventing mold growth. Making sure the people of the community realize that cleaning up and drying out building areas is important. Opening your doors and windows can help the prevention. Making sure you use fans to dry out the building areas is important. Using disinfected bleach is an other great tool o use when cleaning up mold. Keeping your children and pets away from affected areas until it is cleaned is important to keep in mind. Thoroughly clean hard surfaces such as flooring, concrete, wood, furniture, countertops and appliances. Remove items such as mattresses, carpeting, rugs, pillows and upholstered furniture. These types of items can’t be cleaned and will be dangerous for family members. 6. Suggest the type of study you would use to evaluate the long-term effects of mold exposure and the reasoning behind your selection.The type of study that I would evaluate for long term exposure would be respiratory problems and infectious diseases. Those who have breathing problems are at higher risk. And those who are vulnerable that already have severe disease such as Cancer or AIDS should also be studied. 7. Use at least four (4) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources. 1. Flemin g, S. T. (2008). Managerial epidemiology: Concepts and cases (2nd ed. ). Chicago: Health Administration Press. 2. Segelken, R. (2007). After the Flood, Housing Experts Broke the Mold.Human Ecology, 35(1), 16-17. 3. FLOOD DAMAGE AND MOLD AFTER KATRINA. (2006). Environment, 48(9), 5. 4. Chew, G. L. , Wilson, J. , Rabito, F. A. , Grimsley, F. , Iqbal, S. , Reponen, T. , & †¦ Morley, R. L. (2006). Mold and Endotoxin Levels in the Aftermath of Hurricane Katrina: A Pilot Project of Homes in New Orleans Undergoing Renovation. Environmental Health Perspectives, 114(12), 1883-1889. doi:10. 1289/ehp. 9258 5. Pesce, M. (2004). KEEPING THE CREEPING LIABILITY AT BAY: THE PREVENTION AND MITIGATION OF INDOOR MOLD GROWTH. Journal Of Housing & Community Development, 61(6), 26-32.