A Weeping Mother, A Sickly Child And A Husband Near-death Are The Imag

A weeping mother, a sickly child and a husband near-death are the images evoked in Jonathan Harr's A Civil Action. Two huge multinational corporations, represented by a corps of well learned and well supplied lawyers are put to bear against the pitiful victims of the companies' supposed negligence and these victim's lawyer, an energetic, if untested, attorney. Every fiber of my being was rooting for the plaintiffs to win the case and walk away with just recompense; to see the corporations clean up their act and become less behemoth than they are would have been suitable punishment. However, the judicial system let me down. Did all the actors fulfill their obligations? Did the case go by the book? I find that, despite my misgivings about certain events, justice was seemingly carried out. Harr's book has a wide array of actors. Most of the actors, however, play just a minor role in the eventual outcome of the case. The largest players, however, influenced the outcome a great deal, far more than any of the smaller characters. The most prominent actors are the prosecuting attorney, Jan Schlichtmann, and the judge, Walter Skinner. Schlichtmann carried the entire case on his back, taking control of all events that he could possibly have a part in. He made most of the important decisions throughout the case, sometimes disregarding advice from trusted associates. Judge Skinner, too, was a powerful force. It was through his decisions that the case was shaped. If Schlichtmann was a loaf of bread baking in an oven, Skinner was the bread pan, holding back Schlichtmann's growth. Another major player was one Jerome Facher. As defense attorney for one of the companies (Beatrice), his role was adversarial to Schlichtmann's. He continually tried to slow down the case, to wear away a t the plaintiffs' and their attorney's resolves. Anne Anderson, the mother of a youngster, plays a smaller role afflicted with leukemia. Her willpower and forceful personality helped to keep the case going in its infant stages. Kevin Conway was a semi-important character. His role was as confidante to Schlichtmann. Many times, his cautious attitude may have served the case better than Jan's aggressive demeanor. James Gordon kept the suit going on a financial level. His genius with numbers allowed the Schlichtmann firm to stay afloat for a good part of the case, despite being broke or owing hundreds of thousands of dollars. William Cheeseman (attorney for W. R. Grace) played a large role during the discovery phase of the trial, but a very minor one after that. His work involved trying to stop the case in its earlier stages. There were numerous other actors, but none had as much of an effect on the case as these. Having such a wide array of very different people set the stage for much conflict. Because of adversarial roles like that of Facher and Schlichtmann, or "motherly" roles like that of Skinner, many confrontations crucial to the case took place. The most prominent, in my (and perhaps Schlichtmann's) eye is what was known as the "Woodshed Conference." Schlichtmann worried about the relationship between Facher and Skinner, and this engagement proved to him that he wouldn't get a fair shake. Harr indicates that after being taken to the Woodshed, Schlichtmann knew he couldn't compete with Facher for Skinner's respect (232). Another conflict resulted when Cheeseman tried to use Rule 11 to get the case thrown out. Harr says that Skinner believed "lawyers should be encouraged to use Rule 11 much more often" (107). Such acts like that of Cheeseman's slowed Schlichtmann down and had the potential to bring the case to a halt. One of the most important interactions was between Facher, Skinner and Schlichtmann. Skinner's decision to divide the case up into separate phases was probably the most important decision made. The jury had to decide on facts. Without the presence of weeping mothers and sickly youngsters, the jury would be far less sympathetic. Facher says that Schlichtmann thinks that families will break the jury's heart, but, "those families will never see the light of day" (231). This civil case, in general, is like most other civil cases. The stages of a civil case are followed as set

Roosevelt essays

Roosevelt essays He first tried the law profession by enrolling in Columbia University. He did not enjoy it and soon left school. He published his first book in 1882 it was entitled The Naval War of 1812. He had begun work on it while still at Harvard. Then Teddy decided that he would try a career in politics. His first position was on the state assembly in the state of New York. He ran as a republican and won the position easily. At this position he did two major things: first he exposed a corrupt judge and secondly he learned to work with men from both parties. Instead of going for a second term of legislature he decided that he would go to the Republican National Convention in Chicago. He went as the chairman for the New York delegation. While Roosevelts professional life was flourishing his personal life was not in very good shape. In 1884 both his wife and mother died. His wife died while giving birth to their daughter, Alice. Roosevelt would take a break from politics and form the Elkhorn ranch on the Little Missouri River in the Dakota Territory. On his ranch he led the life of a cowboy. He would round up cattle and ride horses all day. It was a good break for Roosevelt. One story tells of Roosevelt capturing three thieves and holding them at gun point for 6 days until they reached the proper authorities. Also during this time Roosevelt wrote 2 more books (Hunting Trips of a Ranch Man and Thomas Hart Benton) and fell in love with Edith Kermit Carow. On December 2, 1886 Roosevelt and Carow went to London to be married. When they returned to the United States Roosevelt set his mind back on politics. He was very active in the presidential campaign of 1888 when Benjamin Harrison defeated Grover Cleveland. Roosevelt believed in hiring government workers on their skills not based on their party affiliation. At the time the winner of the race would hire ...

Exam Question Coursework Example | Topics and Well Written Essays - 2000 words

Exam Question - Coursework Example However, the complexities of the case arose with the inability to tamper with the provisions over a private contract specifically because consumer rights are private and not linked to state regulations. The legal relations for consumer protection were then one of the main considerations with the case. The proceedings that were created from the main debates were based on consumer rights that could follow under the law. The first proceeding stated that a credit agreement should not affect the rights of the consumer against the purchase of services or goods. The consumer enters an agreement with the contractor, specifically with the understanding that the services or goods will be supplied. This makes it a legal obligation for the supplier to carry forward with all contractual agreements, specifically which is made under the assumption of the agreement through a pre-existing agreement. The right to pursue credit or to be granted a difference in the contract occurs only in the instance w hen the consumer is not satisfied with the services delivered or when there is a failure to meet the demands through the services and products that are expected through the pre-agreement of a given contract. However, it was noted that the consumer may pursue the justification of lack of fulfilment of a contract. This does not entitle the legal proceedings to match this, specifically which is created according to the direct effect that this has on the consumer. The conditions and the remedies then have to be looked into with the contractual agreement and potential breach of contracts that are created. The case that was created not only referred to the consumer protection and the need to fulfil contracts for consumer protection. The court also found that the Treaty of the EU, Article 3s, 129a, created different levels of contribution to consumer rights. The community was responsible only for contributing to consumer protection, specifically with political and legal integration through the internal market. The duty of consumer protection created an effect where consumers had the right to have the fulfilment of products and services within the internal market. The horizontal direct effect then had a direct bearing on the consumer protection, specifically with the need to create and define consumer protection and credit. b. The legal issue that was associated with the case was based on the need to have consumer protection. Private entities are regarded as having freedom of offering services and products while having the right to refuse service or to terminate contracts with consumers. There is also the ability to allow the service or product providers to refuse fulfilment of consumer credit under given circumstances. The question which arose was based on how much consumer protection should be granted if there is a contract that is unfulfilled by those who are offering product or services. The level of interference from a political and legal entity was questioned, s pecifically with how much this could move into consumer rights and protection among those that were looking at the private contracts that were expected to be fulfilled. The rulings of the case were based on the horizontal direct effect. The effect was one which stated that the services or products provided with a contractual agreement were required to be fulfilled. If the services or products harmed or affected the consumer, then it was considered an illegal breach

Working with and Leading People Essay Example | Topics and Well Written Essays - 1500 words

Working with and Leading People - Essay Example Leadership is all about leading some followers. Management is much more focused towards managing people in organizations. Leadership has the concept of followers but management has the concept of subordinates. For leadership, vision is very much important but for management achieving different goals are important. Leadership is generally transformational, but management in general transactional. Leadership is very much focus towards transforming lives of followers. It believes indecisive changes in the lives of followers but on the other hand, managers are much more concerned with assigned tasks. They are not that much interested in subordinate’s lives. Leadership brings innovation into the system but managers, administer and govern those systems. Leadership develops different new things but management maintains those things. Leadership inspires people but management believes on controlling people. Leadership has a long-range view but management has a short-range view. Leaders hip does the right thing but management does the thing in right ways. Leadership creates but management imitate those creations. Leadership is a very vast concept but management is less vast concept than leadership. Leadership is all about leading from the front in case of management performance is the ultimate thing.Late Steve Jobs the founder of Apple computers is the example of the leaders who developed the idea of Apple computers. Indra Nooyi current CEO of PepsiCo is a good example of management personality.

Argument Proposal Essay Example | Topics and Well Written Essays - 500 words

Argument Proposal - Essay Example Sometimes discrimination of race and color involves people getting some treatment unfavorably just because he or she had to marry or married to some persons of certain races or color. Sometimes it happens when the person with the raced-based organization is to some extent relating with people of some color. The worse include discrimination that does occur when the person who imposed the discrimination and the victim do have the same race or color. In the book of â€Å"one amazing thing,† Divakaruni demonstrate some racial discrimination she has had to prevail in the matter of marriage. For instance, Malathi in the story unfold the conversation of Ravi and Nirmila. Ravi is the one son of Mrs. Balan, who is a hair stylist of Lola’s parlor, in which case Malathi joins as the beautician. Nirmala, who is a servant maid with whom Ravi exchanges kisses. Unfortunately, his mother gets them red-handed. It is at this point that Ravi threatens his mother. The Threat is that he will flee back to America if she goes ahead to fire Nirmala from her Job. Mrs. Balan had to permit Nirmala to stay. When Mr. Balan had to enquire Ravi secretly whether he wants to have some settlement with Nirmala in a flat for her to visit without disrupting house peace, Ravi had to say that he had none intention to take advantage of her. In addition, there is the demonstration of Naina, in which case she had to insist on her parents that she would marry none apart from Mangalam. Naina’s father had hopes that Mangalam would keep Naina happy. However, Naina becomes some dominating wife and do not respect Mangalam’s parents, and hence, she showed some discrimination (Divakaruni). In my opinion, discrimination in any form of banking, housing, employment, business among others is illegal, and hence, it is against the law. Many societies in the current world do not approve discrimination that bases the gender or race. They consider the words

Gold: Demand, Supply and Impact

Gold: Demand, Supply and Impact Introduction India shares a unique relationship with gold, one that is very complex and timeless. From Hindu mythology to various cultural traditions, gold is deeply embedded in the Indian psyche. It’s a symbol of purity, prosperity, good luck, status and wealth. Every Indian, rich or poor, living in city, town or village, is a potential first time buyer or , as in most cases, a repeat buyer. Gold purchases serve a two-fold purpose- that of an ornament and an investment. The emotional and sentimental attachment to gold further adds to the complexity as gold is passed on from one generation to the next. Right from the time a child is born to the time of marriage, gold finds a place in all the rituals and traditions. In addition to this, the religious significance of gold in India means festivals and temple offerings are other important triggers for high sales of gold. Our aim is to study what triggers the Indian consumer to buy gold, the changing trends in purchase behavior, the impact of this on India’s financial stability and to recommend ways to monetize gold or suggest alternate instruments that can curb the investment demand for gold in the country. We analyzed the existing literature on gold to systematically understand current understanding regarding the factors that act as triggers for the Indian gold consumer. We will then compare this with our primary research in an attempt to draw a clearer picture of the gold market in India and suggest ways to monetize it. Section 2: Brief Review of Literature Section 3: Gold: Demand, Supply and Impact on Financial Stability Demand for Gold The ‘Report of the Working Group to Study the Issues Related to Gold and Gold Loans NBFCs in India’, constituted by RBI, states that the demand for gold in India cannot be compared with that of the demand for gold in other parts of the world. The 1.3 plus billion population of India would continue to generate demand for gold, especially through imports. The demand is from both investors in gold and gold jewelry consumers. Due to various cultural, religious, economic and social reasons, the gold demand in India is autonomous. The benefit that it offers by way of long-run inflation hedge, high liquidity and also, the absence of substitutes with similar risk-return profile makes it an attractive asset to store. The convenience of cash based transactions and absence of documentation hassle (no paper trail, tax obligations etc.) further makes it a preferred channel for money laundering. Hence the committee concludes that attempting to curb the gold demand in India would a dif ficult and complex task. Also, historically gold has a been a measure of economic power of kingdoms and nations. In recent times, particularly after the 2008 crisis, gold as an investment asset has drawn attention and the prices of gold soared in the aftermath of the crisis. (International Journal of scientific research and management) Studies show a strong correlation (0.83 for the 2006Q3–2013Q2) between gold imports and inflation expectations of Indian households, indicating that one reason for high gold demand is its use as an inflation hedge. (Selected Issues Paper on India, IMF, 2014) Source: http://www.imf.org/external/pubs/ft/scr/2014/cr1458.pdf Source: http://businesstoday.intoday.in/story/indias-gold-imports-are-starting-to-weigh-down-the-economy/1/195178.html Price Sensitivity of Consumers The Bloomberg BusinessWeek article titled â€Å"Correlations: Indias Gold Grab† says that the 23% fall in gold price since October, 2013 shifted the investors away from gold to risky but high return equities. Contrary to this, the Indian gold consumers took advantage of the price drop. Consequently, the purchases in April and May were so high that it began to show in the widening trade deficit. This mid-April slump was the largest in more than three decades and it pushed the banks, traders, and jewelers in India to import more than 100tons of gold. This indicates the complex behavior of Indian consumers with respect to gold price which does not match the typical investor profile. Yet most buyers of gold consider the metal from both consumption and investment angle. Source: Changing Trends of Consumers Retailers K. Balaji and Dr. Maheshwari in the research paper titled â€Å"A Paradigm Shift in the Buying Behavior of Indians Towards Gold Jewelry – A Theoretical Approach with Reference to the Growth of Branded Retailers† posits that as Indian jewelry market matures, the changing consumer preferences are expected to lead to a more organized industry while share of family jewelers is expected to decline. The Indian consumer is moving from unbranded to branded jewelry with fashion trends dictating more and more of the purchase decisions. Although, currently the market is fragmented across the value chain with more than 30,000 players with modern retailers making only 4-6% of the share. It further states that with rising population and income levels there will be an overall increase in spending, including spending on aspirational products which includes gems jewelry. The tastes are changing and the consumer is focusing on more modern and intricate designs as compared to the traditi onal chunky ones. Isha Datwani, founder of Anmol Jewelers says, â€Å"The biggest change we see is that younger people are buying gold†. This working class of young Indians have their own views and opinions and the role of elders as influencers in gold purchase is reducing. Also this new set of Indian consumers has an increased focus on transparency, service, brands and fashion. Also the new set of branded chains, through innovative branding and advertising, are targeting the aspirational class of Indian women by positioning gold as more than an investment, as something that is deeply rooted in our culture and intended to make a woman look more beautiful. The have resorted to new ways of segmenting and usage (e.g. creating new occasions for purchase) to attract new sets of consumers. Source: Technopak Analysis Section 3: Supply of Gold Impact on Financial Stability Gold supply comes from imports, mining, sales of gold reserves, and â€Å"old gold scrap† (the recycling of gold). (IJSRM volume 2 issue 2 Feb 2014). Against the backdrop of high inflation, negative real deposit rates, gain in international gold prices and expectations of further increase, India’s gold imports increased from about 1.5 percent of GDP in 2004-08 to 3 percent in 2011-13. (Muneesh Kapur and Rakesh Mohan) . Source: http://goldminersreport.com/library/the-ascendency-of-real-gold-demand/ RBI gold swap scheme http://articles.economictimes.indiatimes.com/2014-07-02/news/51030718_1_yellow-metal-gold-international-bullion-banks Source: http://www.dgcmagazine.com/cant-keep-indians-from-their-gold/ A high inflation for long duration lowers the real rates, resulting in increased gold imports and decreased household financial savings. Gold imports in turn weaken the rupee and worsen the current account deficit. (Selected Issues Paper on India, IMF, 2014) Considering the nature of demand for gold in India, restrictions on gold imports should be considered as a temporary measure as over time these may become less effective (e.g.: increase in smuggling). To ensure macroeconomic stability, we need to reduce the gold imports in long run. For this, its demand as ‘store of value’ must be curbed which is possible by lowering inflation and increasing real returns on bank deposits. (India Article IV Consultation, IMF, 2014) Section 4: Measures to moderate the demand for Gold and monetize it The RBI Reports describes various measures to curb the demand for gold and monetize the idle gold stocks: Gold Loans: These are a flexible channel to improve the financial inclusion in the country, especially for the illiterate and semi-literate people who may need to raise loans for medical emergency or need education loans or even for business loans by SMEs. There is a huge untapped gold stock lying idle in hands of individuals (anywhere between 18000 to 20000 tonnes), out of which only a small fraction (about 3 %) is being monetized through gold loans. Gold Bank: The Group has suggested the setting up of ‘Gold Bank’ or ‘Bullion Corporation of India’ as a ‘backstop facility’ that will lend (provide refinancing) to institutions against the collateral of gold. It can also play a role in retailing functions like recycling and pooling of idle gold. Gold Recycling: There is a large stock of idle gold, both with individuals and with institutions like Temples as devotees offer gold jewellery in large quantities. There is also estimated 300 tonnes of scrap gold that comes into the system every year. So, by finding means to recycle the idle and scrap gold, we can turn an unproductive asset into a financially productive one. Buy-back by Banks: Currently, banks are operating a uni-directional channel- importing and selling gold. The Group has suggested that the canalising agencies like banks and nominated agencies should function bi-directionally, i.e., they should also be able to buy back tamper proof gold coins at transparent prices. Monetization through banks: Another alternative that the paper suggests is to allow banks to accept gold deposits from the public and use these gold deposits as a hedge, thus monetizing gold till it is redeemed. New gold-backed products: The Working Group has also suggested introduction of gold-back products to monetize the idle gold stocks and at the same time reduce the demand for physical gold. These are broadly classified into five categories: Products like Modified Gold Deposit Scheme in which gold taken as deposit is recycled to meet domestic demand and returned at maturity, thus monetizing privately held gold stocks. Products like Gold Accumulation Plan, Gold Certificate, e-Gold Plan through Banking Channel, Paper Gold that facilitate systematic investment in gold. Gold Accumulation Plan would help those who can purchase gold in small amounts and delays the gold imports till the required amount of gold is accumulated and actually delivered. Products like Gold linked Account and Gold Securities which allow active portfolio management by providing flexibility to buy and sell gold similar to ETFs. Under Gold Linked Account the transaction takes place outside the country thus eliminating gold import. Products like Gold linked Dual Account and Gold Securitisation, which are derivative products that enable customers to take positions depending upon their view of gold prices. Products like Gold Pension in which the customer will keep his gold with the bank and in return receive a monthly pension. References: Sheetal Dubey, Anamika Hardia (2014), â€Å"Demand Supply Trends of Sparkling Metal†,  International Journal of scientific research and management (IJSRM). Retrieved from  http://ijsrm.in/v2-i2/7 ijsrm.pdf Muneesh Kapur, Rakesh Mohan (2014), â€Å"India’s Recent Macroeconomic Performance: An  Assessment and Way Forward†, IMF, WP/14/68. Retrieved from  http://www.imf.org/external/pubs/ft/wp/2014/wp1468.pdf International Monetary Fund, Selected Issues Paper on India, January 2014. Retrieved from  http://www.imf.org/external/pubs/ft/scr/2014/cr1458.pdf FICCI-Technopak Report on Unlocking the Potential of India’s Gems Jewelry Sector, January, 2010. K.U.B. Rao and others (2013), Report of the Working Group to Study the Issues Related to Gold Import and Gold Loans NBFCs in India, Reserve Bank Of India. K. Balaji, Dr. Maheshwari (2014), â€Å"A Paradigm Shift in the Buying Behavior of Indians Towards Gold Jewelry – A Theoretical Approach with Reference to the Growth of Branded Retailers† Prabhudatta Mishra, Swansy Afonso (2013), â€Å"Correlations: Indias Gold Grab†, Bloomberg BusinessWeek. Bibliography India, Article IV Consultation (2014), IMF Country Report No. 14/57, http://goldresearcher.com/gold-supply-2/ http://goldresearcher.com/supply-demand/indias-gold-market/

The Evaluation Of The Microprocessor. Essay -- essays research papers

The Evaluation of the Microprocessor. The microprocessor has changed a lot over the years, says (Michael W. Davidson,http://micro.magnet.fsu.edu/chipshot.html) Microprocessor technology is progressing so rapidly that even experts in the field are having trouble keeping up with current advances. As more competition develops in this $150 billion a year business, power and speed of the microprocessor is expanding at an almost explosive rate. The changes have been most evident over the last decade. The microprocessor has changed the way computers work by making them faster. The microprocessor is often called the brain of the C.P.U.(or the central processing unit)and without the microprocessor the computer is more or less useless. Motorola and Intel have invented most of the microprocessors over the last decade. Over the years their has been a constant battle over cutting edge technology. In the 80's Motorola won the battle, but now in the 90's it looks as Intel has won the war. The microprocessor 68000 is the original microprocessor(Encarta 95). It was invented by Motorola in the early 80's. The 68000 also had two very distinct qualities like 24-bit physical addressing and a 16-bit data bus. The original Apple Macintosh ,released in 1984, had the 8-MHz found at the core of it. It was also found in the Macintosh Plus, the original Macintosh SE, the Apple Laser-Writer IISC, and the Hewlett-Packard's LaserJet printer family. The 68000 was very efficient for its time for example it could address 16 megabytes of memory, that is 16 more times the memory than the Intel 8088 which was found in the IBM PC. Also the 68000 has a linear addressing architecture which was better than the 8088's segmented memory architecture because it made making large applications more straightforward. The 68020 was invented by Motorola in the mid-80's(Encarta 95). The 68020 is about two times as powerful as the 68000. The 68020 has 32-bit addressing and a 32-bit data bus and is available in various speeds like 16MHz, 20MHz, 25MHz, and 33MHz. The microprocessor 68020 is found in the original Macintosh II and in the LaserWriter IINT both of which are from Apple. The 68030 microprocessor was invented by Motorola about a year after the 68020 was released(Encarta 95). The 68030 has 32-bit addressing and a 32-bit data bus just like it's previous model, but it has paged memory management buil... ... 80-bit floating-point numbers, and 18-digit BCD (binary coded decimal) operands; it coincides to the ANSI/IEEE 754-1985 standard for binary floating-point arithmetic. The 80387SX operates individually on the 80386SX's mode, and it performs as expected regardless of whether the 80386SX is running in real, protected, or virtual 8086 mode. The microprocessor mi486 also called the 80486 or the 486 was invented in 1989 by Intel(Encarta 95). Like its 80386 predecessor, the 486 is a full-bit processor with 32-bit registers, 32-bit data bus, and 32-bit addressing. It includes several enhancements, however, including a built-in cache controller, the built-in equivalent of an 80387 floating-point coprocessor, and provisions for multiprocessing. In addition, the 486 uses a "pipeline" execution scheme that breaks instructions into multiple stages, resulting in much higher performance for many common data and integer math operations. In conclusion it is evident by the following that microprocessors are developing at leaps and bounds and it is not surprising that if by the time it hits the teacher's desk or by the time you read this the next superchip will be developed(Encarta 95).

Cja 224 Week 1

CJA/224 Monday April 15, 2013 The American Criminal Court Systems The American criminal court systems are made up of Federal and State courts. The State court deals mainly with civil, traffic, and family issues. The Federal court handles more serious violations which include federal and government violations and issues between actual states. If the case is either federal or state trial courts determine guilt and convictions. Our court systems are very complex, but recently Community courts have been added and that is used for less offense, and mostly used for mediation.The Federal court consists are military courts, international courts and trading, and also includes ninety four district courts. The district courts are used for trials and convictions. The Federal court systems also deal with all tax situations. The Federal courts have twelve circuits in the appellate courts. The appellate courts are used for appealing cases that were once heard in trial. If you want to appeal your co nviction, the appellate court is where you should have your case heard. The Supreme Court is the highest possible court.It has nine justices with one chief justice. The Supreme Court only hears about two hundred cases a year, so it is very rare for the justices to accept to hear your case if you chose to try and appeal within the Supreme Court. The dual court system explains that both the Federal and State courts work separately under one judicial government. As I had stated above, the Federal court deals with national law and the State courts deal with state and civil. They both rarely work together, both courts work under one government but work almost completely separate from one another.The constitution of the United States is based off Federal laws which do apply to the country as a whole, which includes all the states. Federal laws are universal all over the country, as the state laws vary from state to state. Each state has the opportunity to create its own laws for that stat e, which is why you notice laws are different in one state to another. Our nation follows either common or civil law. Common law was first established in England in the Middle Ages, as civil law first was established in continental Europe around the same time and was also applied o Spain and Portugal. Common law isn’t based on statues as civil law is which can be confusing for most. Civil law is codified, which has shaped our court systems. This allows appropriate punishment for each offense brought to the court room. The Judge has a role to bring all the evidence out in a civil law system and the applicable code is applied to each case. This has shaped our court systems because the American court systems is strongly common law based which was brought from England in the Middle Ages.Civil law is practiced in America, just in a small amount, mostly in state courts. Louisiana is a great example of the civil law system. Louisiana has a strong French and Spanish influence, and th e civil system did once start in England and Spain. The Criminal justice system serves three main purposes in the United States. The three main purposes are to investigate, to prosecute, and to punish crimes. The most basic role in the criminal justice system is to investigate crimes and allegations.If the law enforcement feels as if the investigation is complete and needs further investigation the cases are sent to the correct attorneys. Prosecuting offenders is another purpose in the criminal justice system. If the alleged crime violated is deserving of prosecution then the cases is taken to court (state court) and is handled by the prosecuting attorney. The criminal justice systems doesn’t only investigate and prosecute, it also punishes offenders for their crimes. There are many different types of punishment which include fines, probation and jail time.Not only does the criminal justices system punish but it also has programs for prisoners to take once they are released f rom jail or taken off probation to help them from repeating the crime they were already punished for in the beginning. This is what the criminal justice systems call rehabilitation programs. References: 1. Walker, Samuel (1992). â€Å"Origins of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, 1953-1969†. Justice Quarterly  9  (1). 2. Neocleous, Mark (2004). Fabricating Social Order: A Critical History of Police Power. London: Pluto Press. pp. 93–94. ISBN

The Right to live and Die Chicano Movement

The Right to live and Die Chicano Movement Introduction: The Long Journey to Freedom One of the most striking events in the world history, the Chicano Movement heralded the beginning of the new epoch – the era of the equal rights for both the Native Americans and the Latin Americans. However, like any other journey, this one was rather complicated and filled with all possible obstacles.Advertising We will write a custom essay sample on The Right to live and Die: Chicano Movement specifically for you for only $16.05 $11/page Learn More Although the struggle for rights was one of the noblest aims that could cause the fight, there was a considerable element of controversy that posed danger to the solidarity of the members. A perfect specimen of how the wind of changes broke those whose spirit was weak enough, Mama Chona is a real study on hypocrisy and faithfulness, the family devotion and slyness, cunning and at the same time wise as she was. Could she be depicted as deplorable? Hardly anyone co uld agree to such characteristics; yet there was that certain something about her that did not let her stay noble. As the world around is ruined, and the people you used to know become complete strangers, there is only one way out, which is ignoring the faults and the weaknesses of the family. The resort of all those in despair, this is a sweet consolation indeed. Mamma Chona and Her Religion: Searching for the Answers It is quite peculiar that in her life, the religious issues and the family life were so closely intertwined. It could be assumed that the beliefs of the family members were a model of their relationships. What is supposed to be the secret between the Lord and a mere mortal, the daily prayers turned into the means to escape from the cruel reality. Perhaps, it was the inner strength that the religion, that is, the belief and the daily prayers, gave to Mamma Chona – if anything could be considered as strength in her case. Was that the miracle of the belief that th e Bible tells people so much about? Or, perhaps, the secret chord that rendered the very soul of Mamma Chona and helped her to stay strong and determined despite all that happened around her, the world ruining, and the people fading away like the morning dew? Hardly anyone knows. Tracking the life of the woman, one could lift the veil of mystery about the family, the religion and the Chicano movement intertwined.Advertising Looking for essay on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More The Sin of Cheating Is there a grater sin than keeping silence when there is something wrong happening? Although Miguel Grande cannot be considered as a positive character anyway, the way Mama Chona behaves might seem even more repulsive. Concealing the mischief and cheating of her son, she becomes his ally and at the same time his traitor – for she does not help him to find the way to the decent life. Bringing him up and raisin him as a family tyrant Mama Chona is not able to mend the broken relationships between her son and her daughter-in-law; she is not able to do practically anything. â€Å"He did not like to speak directly to the Mexican women Juanita and his sisters took on to help him with the household chores† (Islas 3), which means that the man possessed rather cowardly traits of character; yet he demonstrated his dominance over the wife – isn’t that the sign of weakness? Her son, a cheater – could there be a greater insult to a mother. However, it is quite peculiar that Mama Chona tries to close her eyes on the facts and pretend that the family is as strong and glued together as ever. Like a house on a rotten foundation, the family is falling apart, yet Mama Chona is trying to put the pieces together, pretending that everything is going to be fine. Standing at the Beginning Leading Mama Chona through the miseries of her life straight to the quiet religious haven, her b eliefs make her survive the shocking truth about her family, namely, her children. Supported by the beliefs and ideas of hers, Mama Chona proves almost invulnerable to the tragedies that she suffers. However, it seems that the religion of Mamma Chona is not the mysterious Rain God. Looking closer at her life and at the world that revolved around her, one can see distinctly that this was the family that was the essence of the woman’s life. The very first lines of the novel expose Mama Chona’s secret to the reader: A photograph of Mama Chona and her grandson Miguel Angel – Miguel Chico or Mickie to his family – hovers above his head on the study wall beside the glass doors that open out into the garden (Islas 3)Advertising We will write a custom essay sample on The Right to live and Die: Chicano Movement specifically for you for only $16.05 $11/page Learn More The controversy of the Chicano movement and the political ideas that und erlay it are shown through depicting the family life of Mama Chona, which is quite peculiar. This is one of few attempts to intertwine the family and the politics – and, it must be admitted, one of the most successful ones. Exposing the weaknesses of Mama Chona to the public and yet emphasizing certain strong points that she possessed, Islas made quite a portrait of the Chicano movement. Just as lame and uncertain as the ideas of Mama Chona were, it was basically grounded on a single pillar – the power of tradition; like many other political manifestations, it was full of controversy. However, there is that certain something that makes Mama Chona – and the Latin American movement – somewhat stronger – that is the incredible, truly Latin, pride. Religion as a Way Out Has anyone ever mixed the politics and the religion? That should be something truly incredible. What strikes most about the story is that the political turmoil and the mixture of ideas is the exact reprint of the religious situation in Mama Chona’s family. Surprisingly, there is very little that keeps the family members together in terms of the spirituality. Although one of the key ideas of religion is to bring people together, the members of the little society of Mama Chona are detached from each other – or, it would be better to say, scattered asides with their religious beliefs. It is quite remarkable that the idea of belief is what the entire novel is pierced through with. Even without mentioning the religious issues directly, Islas points at the complicated religious situation in the family of Mama Chona. There is always a word or phrase connected with belief or trust in the book – or, rather, with the loss of the one: â€Å"The loss of his promotion was to be a shock for Miguel Grande, and he is said to have lost faith in what he believed in all his life about the country† (Calderon 124) Conclusion: Taking a Retrospective on the E vents It seems that the religious atmosphere in the family reprinted the events that occurred in the society. With all things changing their usual places, people were trying hard to keep their lives running the way they sued to, yet they failed, which led to disappointments. Perhaps, if their belief were strong enough, they could have succeeded, yet, like Mama Chona and her family, they failed to find the Rain God that could keep them together. Painful and hard to bear, this is the price of the change. Calderon, Hector and Jose David Salvador. Criticism in the Borderlands: Studies in  Chicano Literature, Culture, and Ideology. New York, NY: Duke University Press, 1991. Print.Advertising Looking for essay on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More Islas, Arturo. Rain God. New York City, NY: Harper Perennial, 1991. Print.

Procurement and Contracting Process

Procurement and Contracting Process Introduction Due to economic related challenges or opportunities and need to establish strategic competencies, companies often resort to outsourcing. This report considers the outsourcing options to be explored to ensure Travel Magazine is up and running despite budgetary constraints. Advertising We will write a custom essay sample on Procurement and Contracting Process specifically for you for only $16.05 $11/page Learn More Outsourcing involves subcontracting or giving third parties work that would otherwise be done within the organization (McIvor, 2005, p. 7). Many organizations especially in the developing world are tending towards outsourcing. Outsourcing is an easy option but it all depends on organizational characteristics. Considerations in Outsourcing There are many reasons why institutions choose to outsource their operations. However, at the core of the outsourcing decision is desire to develop a competitive advantage or edge. The competitive adva ntage is gained through being able to focus on core business, enjoying expertise that is not available in the organization, use of technology that would otherwise be expensive investing in, or benefiting from economies of scale enjoyed by the outsourcing partner. Travel Magazine plans to outsource so as to cut start up costs due to limited capital. Outsourcing will enable the company to share assets or use the assets of other companies thus it does not have to invest in the assets. Secondly, outsourcing will enable the company to produce high quality magazines by relying on already established expertise in another company. The company will seek out only vendors with prerequisite experience and expertise for each given outsourced service or activity. The outsourcing process will enable the company to invest the available capital in the core of the business. Outsourcing comes with a number of benefits but there are also numerous challenges or demerits that the company has to consider in making the outsourcing decisions (McIvor, 2005, p. 23). One key concern is the capability of the company to which Travel Magazine processes are outsourced to deliver quality. Unless considerable care is taken, outsourcing could compromise the final product i.e. quality of the magazine. Secondly, control of business of processes should be designed into the outsourcing contracts. This measure is taken into consideration because Travel Magazine as a company could easily loose control over the Magazine if all the core functions are outsourced. The outsourcing contract has to be designed in a way that it secures the company’s independence in the future. A magazine publishing company has to control its information sources.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Business Processes to Outsource The outsourcing process starts with analyzing organizational processes to determine which ones are worthy outsourcing. Travel Magazine as a company has a number of functions that it can outsource. The functions include accounting, editorial, photography, publishing, distribution, printing, layout, advertising, editing, articles, etc. due to budget constraints; the company has to outsource at least five functions. The guiding principle for outsourcing any of the processes or functions is its relative contribution to quality for customers, cost reduction and competitiveness of the magazine. The processes that should be outsourced include photography, advertising, printing, distribution and publishing. Printing a magazine requires heavy investment in printing machines. Fortunately, there are many organizations that specialize in printing; printing is their core business. By outsourcing the printing process, the organization will save money i.e. no need to invest in expensive printing machines. The money saved can be invested in core business of the organiza tion. Photography is also worthy outsourcing because it allows the organization to focus its efforts on core business. Although photography is an integral part of the magazine quality, there are a number of organizations that specialize in such services. Outsourcing to such institutions will mean that the organization gets best shots from wherever at relatively low costs. Secondly, taking good photographs, especially for a magazine, is dependent on many years of experience. Outsourcing such a function would ensure the company accesses experts in the field at lower costs when compared to hiring staff and developing own photography studios. Advertising is a tricky affair because marketing determines whether a brand resonance for the magazine is built in the long run or not. Given the organization is young and has a budgetary constraint, developing a marketing branch that is fully empowered to do effective advertising may not be cost effective. There are many marketing and advertisin g agencies in the market that can be used. These agencies have built the structures and mechanisms or ensuring correct and effective execution when it comes to market communication. They have the personnel with long experience of delivering on brand building and retail activations. Engaging them would mean riding on their long experience and thus following a proven track.Advertising We will write a custom essay sample on Procurement and Contracting Process specifically for you for only $16.05 $11/page Learn More Distribution is best outsourced so as to benefit from already established trade channels. If the company is to set up its own distribution channel or develop its own selling points; that would be an expensive venture. Secondly, that would mean creating competitors out of the established distributors. There are established distributors in the market who specialize in the distribution of various magazines. All the company needs to do is sign a contra ct with any of them and the distribution needs are catered for. The distributors would deliver the magazine to all corners through their channels. All the company has to do is identify the niche market and thus contract a distributor with wide penetration in the niche areas. Finally, publishing is also better off outsourced. Publishing is not a core function or process despite its importance. Once again, relying on established publishers would mean the company does not have to develop its publishing function. Developing such is an expensive venture that is capital intensive. In the information age we live in, much magazine sales sell online. Finding a reputable publisher to publish the magazine online will be a welcome move. This will mean that the company does not have to invest in IT requirements that would facilitate online publications. The company will maintain in-house business processes such as accounting, editorial, layout and article sourcing or development. Given the orga nization is going to outsource many processes; accounting has to be done in-house for proper monitoring of the different concerns. If accounting is outsourced, the organization looses total control over processes in the way. It would have to wait or rely on accounting reports from elsewhere to maker pertinent decisions. If the process is left in-house, a financial manager can closely monitor all processes and facilitate towards better decision making by management. Sales from a magazine and by extension profits are largely dependent on its perceived quality. Quality of a magazine is dependent on kind of information it contains, the magazine layout, language use (general look and feel matters a lot). Therefore, strategic positioning of a magazine largely depends on perceived value and import of articles contained in the machine. Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The perception is build basing on article content, positioning in the magazine and general structure. It is content, then look and feel that make customers irking for the next copy of a magazine. Therefore, keeping editorial, layout and article sourcing or development in-house is of great importance. Keeping those functions in-house helps maintain the company’s independence. As illustrated, the magazine sells based on articles and general look and feel. Therefore, if that comes from in-house, it means that the organization is actually in charge, it is the primary source of the magazine. If those processes are outsourced and a problem or misunderstanding happens, the other institution can easily paralyze the companies operations. However, if these core functions are maintained in-house, any breach of contract or misunderstanding by providers of the outsourced services can easily be dealt with. If it is a problem to do with distributors, the organization can easily engage some other distributor or a number of distributors. Preliminary Performance Targets/ Level of Service Expected from Vendors Once an organization is clear about what processes are worthy outsourcing, the next step is to be clear about performance expectations (Brown Scott, 2005, p. 25). Performance targets should guide the decision on what vendor is best suited to handle an organization’s processes. The performance levels in each outsourced process will be determined by the characteristic performance indicators in each process. When it comes to printing, the printing vendor would have to guarantee production of timely clean copies. The vendor must have capacity to do custom printing and be timely about deliveries. A vendor that is dealing with many clients and does not have enough capacity could easily end up affecting Travel Magazine’s operations. Therefore, the vendor must have capacity that will be specifically assigned to the magazine’s printing as per schedule. Performance in distribution is determined by level of penetration into designated niche markets. The distributor must have capacity to transport the magazines and assure protection i.e. no theft and no defacing. Timely delivery of the magazines into markets will also be of critical concern. The distributor has to have capacity to deliver the magazine to all parts of the niche market in a timely way. All people who know how to use a camera can take photographs. However, the photographer’s expertise and photo development technology determines final quality of a photograph. The photography vendor will need to have mechanisms of ensuring quality is guaranteed and photo shooting at all designate sites is facilitated. Quality will be guaranteed by professionals who know camera positioning and other aspects of photo shooting like depth and distance calculations. For a travel magazine, the vendor will also need illustrate capacity to avail relevant photos from all interesting sites as may be required. Performance on the advertising front is determined by the level of brand resonance achieved and sales volume increase over time. The advertising firm will have to demonstrate capacity to develop relevant market communication and design point of sale material that adhere the magazine to target population. Retail activations are also a critical aspect of trade development and thus the agency has to have capacity to instate awesome retail execution and brand performance measurement mechanisms. The service level expected on the publishing front has to do with acute capacity to drive internet sales of the magazine. Preferably, the organization will engage a publisher with capacity to drive internet sales volumes. Publishing online and related sales is the in-thing in the publication industry of late. Many people spend their time online and e-trade is the way to go. The publishing company has to have capacity to complement the efforts of our editorial team by ensuring the right content is carried in the magazine and it is well structured in the layout. Type of Contract for Outsourced Processes The contract between company and service providers will have to be flexible enough to cater for future changes in market structure (Brown Scott, 2005, p. 27). For example, the company was forced to outsource over five processes due to economic down turn. However, the economic fortunes are likely to change. When it comes to distribution and publishers, the company will seek a distributor and publisher that can accept a revenue sharing kind of contract. This means that the distributor will be getting a given percentage of total revenues they help generate for the company. This kind of contract is good because it means the distributor earns of own efforts. Such an arrangement, normally, motivates distributors to drive sales highly. The contract with printers will be a fixed price contract. A fixed price will be set for every batch of printing work done. Som ehow batch estimates are predetermined; therefore, fixed contracts will work just fine. The photography work is not like the printing work due to inability to reach exact estimates of involved costs. Therefore, the company will pursue a cost plus margin kind of contract with the photography service provider. The advertising agency will have different actions or levels of activity to drive sales. Therefore, a hybrid system consisting of cost plus mark up and fixed pricing will be used. When it comes to retail execution, cost plus mark up will be used because different costs are involved depending on geographical dispersion. Fixed pricing will be used when it comes to above the line market communications. Criteria for Selecting Preferred Vendor Cost reduction is the major drive towards outsourcing of business processes. However, pricing will not be the only criterion for choosing a vendor. This is so because tender prices do not often reflect quality guarantee. For each of the process es, we shall be keen on service provider capacity and characteristics. A concern for quality and competitive edge will drive the vendor selection. Some of the required characteristics have been described under expected service levels. Each vendor will have to meet stipulated service levels at a competitive price to be awarded the tender. Number of Vendors per Process Some processes are better handled by a multiple vendors while some are best handled by a single vendor. In advertising, at least two vendors will be welcome. One vendor will deal with market communication especially above the line communication. Another vendor will deal with retail execution e.g. sensitization and promotion awareness activities. In printing and publishing, a single vendors will work just fine to benefit from economies of scale due to consolidated service sourcing. More than one distributor will be used for the distribution of the magazine. Using different distributors ensures wide coverage and diffuse s distributor bargaining power. Finally, a single vendor will be sourced for the photography contract. This is important for consistency plus there is little service variation needed. Time Line for Contracting Process Time Activity 1st and 2nd Month Prepare the Service Level Requirement based on research 3rd and 4Th Month Open Tendering (RFP) 5th Month Outsourcing Contract Negotiations 6th Month Refining Contracts as per negotiations 6th Month Contract signing and Post tendering negotiations 7th and 8th Month Implementation preparations 9th month Magazine Roll out Reference List Brown, D. Scott, W. (2005). The Black Book of Outsourcing: How to Manage the Changes, Challenges, and Opportunities. New York: John Wiley and Sons McIvor, R. (2005). The Outsourcing Process: Strategies for Evaluation and Management. Cambridge: Cambridge University Press

Perspectives in HRM Essay Example | Topics and Well Written Essays - 2500 words

Perspectives in HRM - Essay Example One of the goals human resources is to retain the aging workforce to minimize the effect of labor shortage. According to Human Capital Theory this is a viable alternative. Age and performance have been known to be unrelated, thus aging and the lost of ability to function that accompanies it are not are not factors with older workers (University of Vermont). There are three HRM theories that can help professionals in this human resource field deal with the aging workforce dilemma. The three theories are contingency perspective, best practices approach and resourced-based. Contingency perspective says that organizations will be most successful when HR strategies fit their organizational strategy (Clarkson, 2006). There different ways for companies to deal with the problem of aging workforce, but in order for any approach to work in a particular company the HR must consider the organization culture and options that are aligned with the business. For example if an organization has a lot low tech people that like human interaction a training initiative to develop in house talent utilizing e-learning techniques would go against the principles of the contingency perspective. The best practice approach says that firms should imitate HRM leaders and some practices work better than others (Clarkson, 2006). Companies in the UK should keep a close eye on what other firms are doing to deal with the shortage of workers due to an aging workforce. The resourced-based theory is similar to the best practices approach but the theory encourages companies to utilize multiple approaches when dealing with human resource issues. The turnover of workers is an issue human resources have been dealing with for years. The aging workforce created a new type of involuntary turnover which is affecting enterprises. The top involuntary turnover category used to be dismissals, but the new aging

Financial Transaction Taxes Dissertation Example | Topics and Well Written Essays - 2500 words

Financial Transaction Taxes - Dissertation Example Research report by Economic & Financial Policies Directorate, Ministry for EU Affairs, Turkey (Economic & Financial Policies Directorate, July 2012. FinansalIslem Vergilerive Avrupa BirligiUygulamas?. Ankara, Turkey) Useful information about taxation. Statistical references to specific issues. Research report by Ernst & Young LLP (Tax Policy Services, April 2012. Financial Transaction Tax, Which way now? London, United Kingdom) Useful for the understanding the current situation of the holistic structure of financial taxes in EU. http://www.gib.gov.tr (2012) This website was searched throughout to gain a deeper understanding of Turkish Tax System II - INTRODUCTION A financial transaction tax (FTT) is a tax placed on a specific type of financial transaction for a specific purpose. This term is most commonly associated with the financial sector. (HM Revenue & Customs, 2001)By any name, financial transaction tax is a fee paid any time by an individual or a company buys or sells a share o f stock, any type of security, a futures contract, an options contract, or any of the commonly traded financial instruments. In recent times, the term FTT has been used to refer to the proposed bill â€Å"Let Financial Market Pay for the Restoration of Real Market Bill†. ... In this project, types of FTT researched will give information about implemented and proposed FTTs including country samples and political support with evaluation. III - HISTORY OF FINANCIAL TRANSACTION TAXES As it is known from the history of economics, financial implementations and investigations are always started in countries which see their future earlier than their economy go into the crash. In 1694, an early implementation of a financial transaction tax in the form of a  stamp duty  at the  London Stock Exchange. The tax was payable by the buyer of shares for the official stamp on the legal document needed to formalize the purchase. As of 2011, it is the oldest tax still in existence in Great Britain (Kincaid, 2009).   In 1936, in the wake of the  Great Depression,  John Maynard Keynes  advocated the wider use of financial transaction taxes (Wishart, 2012). Essentially, first tax proposal for the financial sector was put forward by Keynes. He assimilated markets that are dominated by speculation to ‘casino’. He asserted that long-term stability could be provided by taxation on security transactions. Keynes indicated that taxation on security transactions would decrease speculation and provide an effective distribution of resources in the market with ‘right’ price level. In 1972, the  Bretton Woods system  for stabilizing currencies effectively came to an end. In that context, James Tobin, influenced by the work of Keynes, suggested his more specific  currency transaction tax  for stabilizing currencies on a larger global scale (Tobin, 1993) In 1989, Edgar Feige generalized the ideas of Keynes and Tobin by proposing a small flat rate tax on all transactions (Wishart, 2012). In December 1994,  the economic crisis in Mexico  and 1997 Asia Crisis