Relationship Between Mexico And Mexico - 1425 Words

The relationship of the United States and Mexico goes back centuries and the importance of this relationship has gained more attention over the last decade. This relationship has gained attention due to the enormous amount of problems Mexico is having economically and socially. Specifically, the relationship with Mexico is important to the safety of our nation and U.S. self-interest because of the issues with drug trafficking, gang violence, and immigration. These influences on our country are vital and play a pivotal role in our economy and rapport with Mexico. These problems are the results from significant tensions that began in the 19th century with the Mexican War that ended with the Treaty of Guadalupe Hidalgo. The Treaty of†¦show more content†¦Articles VIII and IX of the treaty were written to promise the protection of the property and civil rights of Mexican Americans. â€Å"Mexicans who,†¦ shall be incorporated into the Union of the United States, and be admi tted at the proper time to the enjoyment of all the rights of citizens of the United States,†¦and in the meantime shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction.† (Article IX, Treaty of Guadalupe Hidalgo). This promise and guarantee within the treaty proved to be false and unfulfilled. Mexicans were not provided with the funding for the same schooling facilities that white students were privileged with nor were they provided with the same quality of education. â€Å"These separate schools were unequal in many respects to those provided for Anglo children. In relation to Anglo schools, Mexican schools were older, their school equipment was generally less adequate, per pupil expenditures were generally lower, and the staff were less appropriately trained, qualified, and experienced.† (Miguel 365). School segregation and lack luster schooling for Mexicans bec ame the norm and have not changed over time. Mexican American elementary and secondary (MAES) student’s reports on ethnic isolation confirm that inequality persists today. TheShow MoreRelatedAnalysis Of The Stimulus Material Given I Saw A Relationship Between Mexico And The United States Essay2124 Words   |  9 PagesFrom reading the stimulus material given I saw a relationship between the disappearance of language and technological advancements. In the Self Portrait Along the Borderline Between Mexico and the United States by Frida Khalo a painting that shows the differences between Mexico and America in the 1900s, there appears to be a difference of culture between America and Mexico. America is more modern, as Mexico is more classic. America’s modernization is shown in the different factories in the backgroundRead MoreWhat Are The Major Economic Problems That Have Plagued Latin America?889 Words   |  4 Pagescentury? During the 20th century Latin America went through a change after the U.S made the clam to directly defend Latin America. This caused a sudden trade switch from the Europe nation to the U.S. With this trade switch we start to see a big gap between the lower and upper class. With this gap the poor gets poorer and the rich become Carlos Slim. Carlos Slim was the world’s richest person form 2010-2013 and is a perfect example on how the upper class becomes billionaires. The wealth Disparity canRead MoreA Brief Note On The United States And Mexico1447 Words   |  6 Pagesachieve and sustain a positive relationship with another county it is essential to understand their culture. Culture is defined as the aspects of a society that separate them from the rest of the world, such as through language, beliefs, customs, traditions and government (Nowaczyk, n.d.). Mexico is a country in South America that the United Stated has a very strong relationship with. We share a 2000 mile border so a two-sided relationship is very imp ortant between us because it has a direct impactRead MoreGlobalization And The Global Migration903 Words   |  4 Pagespeople between different countries. The movement doesn’t occur within the country. Internal migration is the movement of groups of people from one part of an area to another. The movement occurs within the country. Globalization is the global economic integration of the global market. In recent time, there were many migrations because of the process of globalization. In order for us to understand the causes and the effects of these migrations, we need to understand the relationship between globalizationRead MoreMexican History And Its Effects On American Soil1626 Words   |  7 Pagesbegan as a result of the attack on Columbus, New Mexico by Pancho Villa. According to (Valades, Jose C. Historia General De La Revolucion Mexicana. 1979 ed. Vol. 3. Chihuahua: Editorial Del Valle De Mexico, 1976.) Villa felt admiration toward the United States who he felt like him were â€Å"hombres libres†. Despite having no knowledge of American laws or institutions and ignoring US customs, Mexican history claims that Villa felt he held a close relationship with the US because of his frequent dealings withRead MoreIntercultural Communication1648 Words   |  7 Pagesexample of poor intercultural communication between the United States of America and Mexico is how the communication significantly affected foreign policy and international commerce between the two countries. Mexico is a country of intercultural significance and neighbors the United States of America. The United States of America is traditional and within the country, many cultures exist. The work ethic and language, within intercultural communication in Mexico and the United States of America, are similarRead MoreEssay On NAFTA1661 Words   |  7 PagesNorth American Free Trade Agreement (NAFTA) is an agreement between Canada, United States, and Mexico which was signed on December 17, 1992 (Hassan,M Nassar R 2016) but wasn’t established until January 1st, 1994. NAFTA is a trade agreement between the North American countries. It is an agreement that would allow businesses to obtain resources from each of the three countries. The idea behind it was to make it easier for countries to trade and to increase productivity. Since NAFTA businessesRead MoreRelations between Mexico and The United States Essay1550 Words   |  7 PagesRelations between Mexico and The United States â€Å"Poor Mexico, so far from God, and so close to the United States.† -Pofirio Diaz Mexico is one of the most populated and industrialized of the third world nations, yet it remains very impoverished in comparison to it’s northern neighbor. Recently Mexico has been the third largest trading partner of the United States, has become an important exporter of petroleum and plays a pivotal role in the politics of the region. Yet Mexico is frequentlyRead MoreEssay on Political Culture of Mexico1154 Words   |  5 PagesAs once put by Mexican Nobel laureate Octavio Paz, Mexico is a land of â€Å"super-imposed pasts† (McCormick, p.326). It continues to be and is seen as a melding pot of its European and Native American ideas about society, law and government. Its history has had a major influence on the political culture of Mexico, seen through years of revolution, violence and corruption. Mexico is a considered a new democracy, but there is a tension still seen between democracy and authoritarianism. The country we seeRead MoreThe Major Economic Problems That Have Plagued Latin America1497 Words   |  6 Pagescentury? During the 20th century Latin America went through a change after the U.S made the clam to directly defend Latin America. This caused a sudden trade switch from the Europe nation to the U.S. With this trade switch we start to see a big gap between the lower and upper class. With this gap the poor gets poorer and the rich become Carlos Slim. Carlos Slim was the world’s richest person form 2010-2013 and is a perfect example of how the upper class becomes billionaires. The wealth Disparity can

The Future of History Can Liberal Democracy Survive the...

â€Å"The Future of History: Can Liberal Democracy Survive the Decline of the Middle Class?† Francis Fukuyama It would take a great deal of confidence, in these uncertain and changing times, to publish an article called The Future of History. Yet, this is precisely what Francis Fukuyama has done in this article. It is a bold title since it not only places this article in the ideological path of his most famous work, â€Å"The End of History and the Last Man,† but it also suggests a fundamental departure from those ideas with which he is usually associated. History seen as a directional process with a past, a present and a future is a philosophical and historiographic concept. This article, though, is not really about the future of History, but more about the political future of the world, and in particular the Western world. Nevertheless, in order to understand this latest contribution and perhaps any article of Francis Fukuyama’s, it is necessary to understand what he meant by the â€Å"end of History.† The â€Å"Shock effect† in the Western scientific and philosophical thought in the 20th century was accepted as a main hallmark of innovative rhetoric. These phenomena emerged since classic scientific criteria formed by the West in the minds of people during a couple of centuries were called in question. The scientific elite gave the green light to theoretical approaches, which during the entire 20th century favored the transition from the white to black, order to chaos, big to small,Show MoreRelatedThe And Its Impact On Society1707 Words   |  7 Pageschange is originating from the masses unlike in the past. Today democracy is not just a form of government it is a way of life. For example, a singer that is more popular is also more successful. Large groups of people are what create change. Even capitalism is becoming more democratic. 2. Zakaria defines constitutional liberalism as the goals of government such as protecting the rights of its citizens. In contrast, democracy refers to a government who is elected through free and public electionsRead MoreEssay on Foreign Policy Recommendations for the Obama Administration2330 Words   |  10 Pagesdetermines the actions and foreign policy of the state is anarchy. Anarchy is the lack of a central government that can enforce rules within the international community. This principle implies that the international community is dangerous and could spell ruin and disparity for any state without rules to govern and mandates that restrict unruly states, creating a self-help system. In order to survive within this system a state must generate power or the ability to make others do what they otherwise would notRead MoreWill India Become a Superpower?11373 Words   |  46 Pageswished to be citizens of a free India. After waiting a year for the Nizam to come to terms, Patel sent in the Army and compelled him to join the Union. Few Indians now alive know how uncertain our future looked in the summer of 1948. The question then being asked everywhere was Will India Survive? Now, 60 years down the road, that fearful query has been replaced by a far more hopeful one, namely, Will India Become a Superpower? This new, anticipatory, expectant question has been promptedRead MoreEssay Reveiw4144 Words   |  17 Pageslays the foundation of the nation-state as one national gov’t became more in charge of national affairs. After Henry VIII dissolved the monasteries, the monarchy had even greater control of English land. This was the biggest land transfer in Eng. history. 3. French concordant of Bologna: In the early 1500’s the French monarchy now had greater control of the French Catholics church. The monarchy could now choose the church leaders who would become the top advisors to the crown. This is one stepRead MoreInterpretations of the Origins of WWII3781 Words   |  16 PagesGerman invasion of Poland, and the French and British declarations of war on Germany two days later. From even before this official beginning to the war, people have continually tried to analyze what actually brought about the most destructive war in history, with many different interpretations having been put forward. Richard Overys argument is a complex one, involving a look at each of the major countries that entered the war from Germany in 1939, to the U.S. in 1941. Each country is looked at inRead MoreGeorge Orwell23689 Words   |  95 Pagessleep any the worse for it. He is serving his country, which has the power to absolve him from evil. One cannot s ee the modern world as it is unless one recognizes the overwhelming strength of patriotism, national loyalty. In certain circumstances it can break down, at certain levels of civilization it does not exist, but as a positive force there is nothing to set beside it. Christianity and international Socialism are as weak as straw in comparison with it. Hitler and Mussolini rose to power in theirRead MoreThe Sociology Of Knowledge5656 Words   |  23 PagesMannheim s accepting and conservative stance leads him to assume absrractprinciples to be the active agents of history, rather than people. Finally, if every ideologicalposition was contingent on a socialposition, why should the sociology of knowledge be exempt from this postulate? The sociology of knowledge expounded by Karl Mannheim has begun to take hold in Germany again. For this it can thank its gesture of innocuous skepticism. Like its existentialist counterparts, it calls everything into questionRead MoreDubais Political and Economic Development: Essay38738 Words   |  155 PagesScience WILLIAMS COLLEGE Williamstown, Massachusetts MAY 10,2005 Table of Contents I Persian Gulf Development Literature Oil Curse Literature Arab and Islamic Factors Regional Ovemiew and Historical Background Dubais Development History I1 PI1 Explaining Dubai9sDevelopment Outcome Why Not Other Gulf States? Dubai versus the Development Literature IV Dubai in a Cornparatbe Corntext Saudi Arabia Qatar Brunei Conclusion Appendix Bibliography Introduction Read MoreInstitution as the Fundamental Cause of Long Tern Growth39832 Words   |  160 Pagesempirical and theoretical case that differences in economic institutions are the fundamental cause of differences in economic development. We first document the empirical importance of institutions by focusing on two quasi-natural experiments in history, the division of Korea into two parts with very different economic institutions and the colonization of much of the world by European powers starting in the fifteenth century. We then develop the basic outline of a framework for thinking about whyRead More Brazil Currency Devaluation Essay examples4817 Words   |  20 Pages Introduction - History The Spanish navigator Vicente Yà ¡Ãƒ ±ez Pinzà ³n was the first known European in the region now constituting Brazil. Landing near the site of present-day Recife on January 26, 1500, he subsequently drifted northward as far as the mouth of the Orinoco River. In April 1500, the Portuguese navigator Pedro à lvares Cabral also reached the coast of present-day Brazil and formally claimed the surrounding region in the name of Portugal. The territory was named Terra da Vera Cruz (Brazil

Hip-Hop Police

Question: What are they? What do they do? Within your analysis provide 3 songs that discuss issues within law, the legal system, lawyers, judges, or any other court personnel. Answer: Hip-hop police is a term used for the New York City Police Department in the hip-hop industry to prosecute the rappers for criminal activity. The hip-hop police are involved in investigating criminal activity within the rap industry. The police originate in New York and are spreading to Police Department in several cities. They do not have respect in the hip-hop industry as they have been stalking and aggressively investigating high-profile rap artists (Smith and Siegler). The role of hip-hop police involves detaining criminal activity. Nelly, one of the rappers was detained for having drugs and guns on his tour bus. The hip-hop police are under controversies that they are against black men. The people argue that the rappers are young black men for which they are targeted. The police are looking actively for drugs, arms and other illegal possessions. Not just the illegal possessions, the hip-hop police have also charged the rappers because of their lyrics (Otiko). Everyone from amateurs to high-profile rappers are being targeted and watched by law enforcement. One of the rappers from Virginia was charged for double murder after he was caught about bragging for the crime in one of his songs Ride Out. The song was posted on Stewards MySpace page in 2009 for which he was charged for two felonies (Moran). One of the songs Trapped by Tupac Shakur or 2Pac, a rap giant is about the police harassment created in 1991 (YouTube). He was one of the well known rap figures and artists as he played about the social inequalities such as poverty and racism. In the song Trapped, he displays his anger and emotions that is caused due to police harassing the poor black communities. He further sings about police oppression and police harassment in Holler if Ya Hear Me (Holloway). Another song by Killer Mike, Dont Die is about the police violence. The track was released in 2012 for the victims of police brutality such as Sean Bell, Fred Hampton, Oscar Grant and othe r good men who were killed in the country unjustly. He also gave a speech after a few hours of Ferguson verdict that was at its heartbreaking earnestness (Holloway). However, it is argued that not all rappers make confession through their songs and it is simply a form of art. It is analyzed that the hip-hop police is investigating and assessing the crimes committed by people. The rappers turn out to be confessing their crimes through songs and are bragging about the same. The hip-hop police are keeping a check on the songs written by them. They are keeping songs on their watch-list as they perceive hip-hop as a culture of violence. The police gang intelligence units are also keeping a check on the nightclubs to avoid criminal activities. The hip-hop police are also compiling a dossier on rappers having criminal histories. The hip-hop police have taken this initiative for ensuring safety of individuals in the music industry as well as the local community (Smith and Siegler). References Holloway, Kali. "F*Ck Tha Police: 20 Songs Against Police Brutality".Alternet. N.p., 2014. Web. 5 Aug. 2016. Moran, Lee. "Rapper's Song Gets Him Arrested For Homicide".NY Daily News. N.p., 2013. Web. 4 Aug. 2016. Otiko, Manny. "Rappers Face Extra Scrutiny From The Hip-Hop Police".Ourweekly.com. N.p., 2015. Web. 4 Aug. 2016. Smith, Emily and Mara Siegler. "Drake, Chris Brown On NYPD Hip Hop Squad Watch List". Page Six. N.p., 2014. Web. 5 Aug. 2016. YouTube,. "2Pac - Trapped".YouTube. N.p., 2006. Web. 5 Aug. 2016.

Equity & Trust Charitable Business Purpose

Question: Discuss about the Equity Trust for Charitable Business Purpose. Answer: Part A Issue Whether the objects of the entities which have been mentioned in the question would be charitable at law or not? Rule Charities Act 2005 Application Established for a charitable purpose, they are a type of express trust but they differ in that: It isnt necessary to have a human beneficiary Therefore the test for certainty of objects becomes irrelevant for a charitable trust Rather the key question is whether the settlor intending to create a trust for a valid charitable purpose Charitable trust arent subject to the rule against perpetuities, they can go on forever, dont have to end. Charities (including charitable trusts) registered under the Charities Act 2005 enjoy a number of financial advantages. Including exemptions from: Income tax-Charitable trusts can run business to generate income for their charity purpose, just because youre a business doesnt mean you will loose your charitable trust statues. Gift duty Rates (in some circumstances) Because charitable trust dont need to have a human beneficiary there is not necessarily any person who can enforce the trust. As a result, the crown via the Attorney General is empowered with oversight of charitable trusts. Charity is represented by the AG, if something goes wrong, they have to go to court, law gives AG a general oversight in terms of charitable trusts. (New Zealand legislation, 2016). Pemsels Case (Income Tax-Special Purposes Commissioners v Pemsel[1891] AC 531: MacNaughton L ruled that the list of 1601 came down to four heads of charity; Trusts for the relief of poverty Trusts for the advancement of education Trust for the advancement of religion and; Trust for other purposes beneficial to the community and not falling under the other three heads Conclusion So, it has been concluded that Yes, the objectives of both the entities were charitable at law as it has been clearly defined under section 13 of the Charities Act. Part B Issue Whether there are some situations by which the charitable trust variations takes place or not? Rule Charitable Trusts Act 1957 Application once trust established for charitable purpse, property cannot revert back, can only ever be used for a charitable purpose. Re Twigger [1989] 3 NZLR 329: A rich man in the 19thCentury, in his will set up trusts for an old persons home, the Canterbury orphanage and for a CHCH refuge for city women who had succumbed to the temptations incidents of city life. The old peoples home today is still going, but the orphanage is not. In the 1980s a hospital board proposed a scheme to reorganise the money. Tipping J found problems with their proposal. He said under the old rules the money had to go to a purpose as close as possible to the failed one, but there was no such restriction in s32, only a moral obligation that the wishes of the will maker should be followed as closely as possible. The money for the orphanage was later transferred to a childrens home instead. Tipping J said under the Act he could not modify the proposed scheme, the trustees would have to go away, draw up a new one, get the AGs approval and then bring it back to the court. He thought there should be reform, but it has never eventuated. Re Slatters Will Trust [1964]Ch 512: left all money to a saburculoses hospital, time she died, hospital was closed. What happens? Under equitable principles the trustees can apply for a cy-pres modification of trust where a modification is found as close to the settlors intentions as possible, even if original purpose is impossible. The settlor had manifested a general charitable intention to devote property to a charitable purpose. Today rule has been taken over by statute, but doctrine of cy-pres still remains relevant. Charitable Trusts Act 1957: part 3 provides mechanism for the modification and variation of the mode of administration and of the purposes of the charitable trust. This process is done through the AG. If charitable trust fails, money and property doesnt go back to settlor, trustee will come up with scheme to do the settlors intentions as best as possible with a new remedy, will go to the AG and if they are happy with it, goes to court and is passed (Mundsen, 2013). Charitable trust exam question- may get exam question looking about setting up a purpose trust, what if it doesnt come within one of the heads- no beneficiary= could be charitable trust. (Socities Trusts, 2016). Conclusion It has been the methods which were set out under the act have been mentioned above in regard to the variation. 3. Part 2 (A) Issue Whether there are some methods by which courts determine the applicability of granting interim injunction or not? Rule Judicature Act 1908 Application An interim injunction is a temporary order of the court that prohibits or compels some action until the court has heard the arguments of all the parties and made a permanent order. In a case like this, when the applicant approaches the Court complaining against the Statutory Authority alleging arbitrariness, bias or favouritism, the court, being custodian of law, must examine the averments made in the application to form a tentative opinion as to whether there is any substance in those allegations (New Zealand Legislation, 2016). Grant of temporary injunction, is governed by three basic principles, i.e. prima facie case; balance of convenience; and irreparable injury, which are required to be considered in a proper perspective in the facts and circumstances of a particular case. But it may not be appropriate for any court to hold a mini trial at the stage of grant of temporary injunction (Vide S.M. Dyechem Ltd. Vs. M/s. Cadbury (India) Ltd., AIR 2000 SC 2114; and Anand Prasad Agarwalla (supra). The grant of an interlocutory injunction is subject to its own test for consideration by the court,2 namely, whether: there is a fair and bona fide question to be tried; Damages would be an adequate remedy; and the balance on convenience favors the grant of an injunction (Carey, 2012). Conclusion It has been concluded that there has been various methods which were considered by the court in order to grant interim injunction which have been specified if they would be fulfilled then it can be granted. 3 (2). Issue Whether there were some issues pertaining to trustees duties does the current circumstance illustrate or not? Rule Trustee Act 1956 Application General rule: trustee required to administer trust in accordance with general principles of law and the trust instrument. There has been some duties which should be performed by him such as: To make acquaintance with trusts terms To adhere to the terms of the trust To maintain impartiality between beneficiaries: It includes two different aspects to the duty: Trustee must act impartially between individual beneficiaries Trustee must act impartially between different classes of beneficiaries. Sometimes its hard for trustee to balance interest of one beneficiary with a life interest and interest of beneficiaries who receive that benefit after person dies. To act in the beneficiaries best interests To avoid conflicts of interest (trustees owe a duty of loyalty to the trust): fiduciary relationship- equity recognizes. One party has measure of advantage over another party- must be counteracted by making sure one party adheres to higher standard of good behavior and conscience. Fiduciary relationship is called a duty of loyalty- which isnt actually a specific duty, is essentially policy that expresses over aim of other, more detailed obligations. Two key ones are fiduciary obligation not to act in situations where there is a conflict of interest, fiduciary duty not to make a profit at the expense of the beneficiary. Not to profit from the trusteeship: In the case of Bray v Ford [1896] AC 44 it was clearly held that it is an inflexible rule of a court of equity that a person in a fiduiary position is not, unless otherwise expressly provided, entitled to make a profit; he is not allowed to put himself in a position where his interest and his duty conflict. To invest the trust funds The rule against self-dealing, etc As per Trustee Act 1956 trustee have some other rights also such as: Section38(1): Implied right of indemnity: trustee may reimburse himself or pay or discharge out of the trust property all expenses reasonably incurred in or about the execution of the trusts or powers. 38(2): no trustee shall be allowed cost for execution of trusts unless the contrary is expressly declared by the instrument creating the trust. Section 13A Duty to invest Sections 13B Duty of trustee to invest prudently Section 13C duty of certain persons to exercise special skill Not to delegate their work to others To be active To act unanimously To pay the correct beneficiaries To keep proper accounts and give information as required The right to apply to the court for directions (Fortune Manning, 2016). Conclusion As mentioned above were the duties of the trustees but in the current situation Sarah would be liable for breaching the duty of a trustee as being a trustee it was clearly mentioned that he or she should not have persnla interest an in this case she was reluctant to agree as she was thinking that selling the property may cause a short term impact on her interest. So she would be punishable for the same. 4. Issue Whether it is likely that the family trust will be opened to allow creditors to be paid with the trust assets or not? Rule Property Relationships Act Application A landmark decision of the Supreme Court released in 2016 has clarified the circumstances in which assets held in a trust may be vulnerable to relationship property claims and potentially claims by creditors. The case involved a property trust which had been settled by Mr Clayton around 13 years after commencing a relationship with Mrs Clayton. Mr and Mrs Clayton separated after a 17-year marriage and had two daughters who are the final beneficiaries of the property trust. Mr Clayton maintained that none of the assets in the trust were relationship property and that Mrs Clayton was not entitled to a division of those assets as part of the relationship property settlement. The significance of this court decision is that the Supreme Court found that the various powers which Mr Clayton enjoyed under the trust deed gave him such a degree of control over the assets of the trust that those powers were effectively property for the purposes of the Property Relationships Act. The value of those powers was equivalent to the value of the trust assets, and were relationship property and able to be divided equitably between Mr and Mrs Clayton (Herbert Smith Freehills, 2016). This decision is significant in a number of ways. First, it looks at the cumulative effect of the different provisions of the trust deed and concludes that those provisions give Mr Clayton the power to effectively deal with the trust capital and income in whatever way he chooses. Mr Clayton is the sole trustee of the trust and is also the settlor. He is a Principal Family Member under the trust deed which gave him the power of appointment of both discretionary beneficiaries and trustees. He had the power to change any provision relating to the management and administration of the trust. Most importantly, he had the power to pay or apply all of the trust capital to one or more discretionary beneficiaries (of which he was one). He could also provide for early distribution of the trust capital including to himself alone. The trust deed also contains a very broad resettlement power which means that Mr Clayton could establish a new trust for any one or more of the discretionary beneficiaries (including himself) leaving little or no capital in the property trust. The cumulative effect of these provisions gave Mr Clayton such control over trust property that the Supreme Court treated the cumulative rights as property rights of Mr Clayton for the purposes of the Property Relationships Act which are equivalent to the value of the trust assets and available to be divided under that legislation. It is possible that the same argument could be made where a liquidator is seeking to recover assets which have been settled on a trust and indeed one of the authorities relied on by the Supreme Court did arise in a liquidation case rather than a relationship property case. This decision reinforces the importance of ensuring that a trust deed is well drafted and ensures that no one person is able to control the assets of the trust in the way that Mr Clayton was able to do. It is advisable to have more than one trustee and at least one independent trustee who is not a beneficiary of the trust. It is important to ensure that the powers to appoint and remove beneficiaries and trustees cannot be used to subvert the purposes of the trust which is to provide for the final discretionary beneficiaries. In the Clayton case there were a number of provisions which removed the normal fiduciary obligations of Mr Clayton (that is the duties of good faith). The nail in the coffin for Mr Clayton was that there was no effective means of preventing him from exercising the powers he was given in favour of himself. In establishing a trust, the settlors do lose a degree of control over their assets. In many situations, client resist losing control and choose not to have an independent trustee and to have provisions similar to those in the Clayton case. This decision reinforces that such trusts are not impregnable to the claims of spouses and liquidators or other creditors. Conclusion It has been concluded that yes in some cases it can be done. 5. Part A Issue Whether to someone do the proceeds of Julians dishonesty belongs or not? Rule Corporations Act Application The proceeds of Julian would belong to the corporation and Ron from which he took money. In both New Zealand and Canada a flexible approach has been adopted in relation to relief for breach of fiduciary duty and in other contexts including breach of confidence claims. In these jurisdictions, the constructive trust is not considered to be the most appropriate remedy in the vast majority of cases (Ridge, 2016). The approach of the High Court to the award of a constructive trust in respect of gains acquired in breach of fiduciary duty has changed significantly in recent years. In earlier authorities, it was asserted that a constructive trust arises in respect of the gains and that the advantage must be held for the beneficiary. In Henry (Keith) Co v Walker (Stewart)Dixon CJ, McTiernan and Fullagar JJ indicated that any property acquired by use of the fiduciary position is held by the fiduciary in trust for the beneficiaries, whilst in Hospital Products Mason J also indicated that the fiduciary must account in equity, and the appropriate remedy is by means of a constructive trust. Conclusion Therefore, it has been mentioned above that Julian have breached his duty and therefore would be liable for the same. Part B Issue Whether A-Door is likely to be successful in an action against Ken in equity and preferable to sue for breach of contract or not? Rule Contract Law Application Oral contracts are spoken agreements that are sometimes legally binding. The problem proving an oral contract is the lack of tangible evidence. Oral contract cases often rely on the performance of one or both parties that exhibits a clear reliance on the agreement. Certain oral contracts are considered enforceable. Enforceable contracts are those which a legal remedy is offered if they are breached by either party. There are several remedies for breach of contract, such as award of damages, specific performance, rescission, and restitution. In courts of limited jurisdiction, the main remedy is an award of damages. Because specific performance and rescission are equitable remedies that do not fall within the jurisdiction of the magistrate courts Conclusion Therefore, yes it has been concluded that A- door would be successful in making action against Ken in equity. And would be liable to get award of damages for breach. References Carey, G. (2012). Ireland: Court Confirms Restrictive Approach To Mandatory Interlocutory Injunctions. Retrieved on 23rd October 2016 from: Fortune Manning. (2016). The Duties, Office And Powers Of A Trustee. Retrieved on 23rd October 2016 from: https://www.fortunemanning.co.nz/Publications/Family+Trusts/The+Duties+Office+And+Powers+Of+A+Trustee.html Herbert Smith Freehills. (2016). Creditors and Jurisdiction Choose Wisely. Retrieved on 23rd October 2016 from: https://hsfnotes.com/pwtd/wp-content/uploads/sites/13/2016/02/HSF-Second-White-Paper.pdf https://www.mondaq.com/ireland/x/210140/Arbitration+Dispute+Resolution/Employment+Pensions+and+Benefits+Newsletter+November+2012 Moore Stephens Markhams. (2016). Trustee of a Family Trust? Are you aware of your responsibilities? Retrieved on 23rd October 2016 from: https://www.markhams.co.nz/trustee-of-a-family-trust-are-you-aware-of-your-responsibilities/ Mundsen, V. ( 2013). Variation of CharitableTrust. Retrieved on 23rd October 2016 from: https://mattersoftrust.co.nz/2013/10/13/variation-of-charitable-trust/ New Zealand legislation. ( 2016). Charities Act 2005. Retrieved on 23rd October 2016 from: https://www.legislation.govt.nz/act/public/2005/0039/latest/DLM344368.html#DLM345006 New Zealand Legislation. (2016). Judicature Act 1908. Retrieved on 23rd October 2016 from: https://www.legislation.govt.nz/act/public/1908/0089/latest/DLM147653.html Ridge, P. (2016). Participatory Liability for Breach of Trust or Fiduciary Duty. Retrieved on 23rd October 2016 from: https://law.anu.edu.au/sites/all/files/users/u8613731/ridge_chapter_final.pdf Socities Trusts. (2016). Charitable Trusts. Retrieved on 23rd October 2016 from: https://www.societies.govt.nz/cad-docs/F/FS_Charitable_Trusts.html Te Puni Kokiri. ( 2016). Duties of directors/trustees. Retrieved on 23rd October 2016 from: https://www.tpk.govt.nz/en/whakamahia/effective-governance/being-a-board-member/duties-of-directorstrustees/

Lab Report Help Sample

Lab Report Help Paper Mrs. Wolf Period:3 AP Chem Lab Report: Determination Of the Molar Volume Of a Gas Objective: TO react MGM and HCI and form hydrogen gas, then after collecting lab data, determine the hydrogen gass molar volume at STEP through calculation. Materials: -Labiates data collector ; 3. MM of HCI solution Ribbon of MGM metal Gas pressure sensor Temperature probe 600 ml beaker 125 ml Erlenmeyer flask 20 ml gas syringe Rubber stopper with two-way valve Plastic tubing Analytical balance Procedure: I. Retrieve an Erlenmeyer flask then determine its volume. 2. Obtain a MGM ribbon from teacher then make sure to polish until sample is a metallic silver then measure ribbon on a analytical balance then place in flask, afterwards record mass in your data. 3. Fill a large beaker With room temperature water. 4. Start up Labiates and attach the pressure and temperature probe. 5. Connect a rubber stopper to the pressure probe and later to the flask with valve closed so that absolutely no hydrogen gas will escape. 6. Posses a five ml sample 3. 0 M HCI solution and place in a syringe. Connect syringe to the two-way valve on stopper 7. Calculations for % error- 22. 4-224 = 0% for trials one and two. 224 6. A student fails to polish each sample of MGM ribbon before massing them, What effect does this error have on the calculated molar volume of hydrogen gas? Mathematically justify your answer The mass of the MGM ribbon would be higher than it should which would lead to the moles of MGM and H2O (because they both have a mole ratio) to be higher hen it should. Then when you divide liters by moles in the molar volume calculation you will be dividing by a larger mole number, thus producing a smaller number for the molar volume. We will write a custom essay sample on Lab Report Help specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Lab Report Help specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Lab Report Help specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Which in turn would give lower liters per mole ratio and State that there is less H2O gas then there actually is. Molar Volume Calculation for distorted trial one ;0. 011 L H2O = IS. Mm/L (4. 9 x 10-4 -e . 0002 mol of distortion) 7. A different student fails to insert the stopper into the flask while determining the available volume of the 125 ml flask. What effect does this error has on the calculated molar volume? Mathematically justify your answer. Some of the H2O gas would be let out, thus in turn would lower the volume of the gas and giving it a lower molar volume. Molar Volume Calculation for distorted trial two: (0. 13-0. 002 L gas let out) 5. 8 x 10_4 = 19. 0 m/L Summary: What was basically supposed to be done in this lab was we were to react a ribbon of magnesium and a HCI solution inside of a Erlenmeyer flask to form H2O gas. While we were doing this we were to collect all different types of data variables such as temperature and pressure, During the performance of the ABA we had to make sure that we set up the sensors, syringe and rubber stopper all correctly, otherwise errors such as gas escaping or an incorrect pressure reading could all lead to the molar volume calculation being distorted. Some things that could hue been learned by doing this lab would be using gas equations and some lab data you can project a molar volume for literally any gas. Also I could hue learned to operate many different lab equipment that have never had any experience using before, such and the syringe and learning to correctly use a two-way rubber stopper. The data was given because I wasnt there to perform the lab gave me a zero percent error when I worked the numbers through the calculations, but as previously stated there could be many sources of error including not polishing of the magnesium, adding to much of the HCI solution, not using the syringe correctly, and possibly letting out some of the H2O because someone might have accidentally left the two way valve open. Overall this looks like a lab were a tremendous amount of vital skills could have been learned, and Im severely disappointed that had to miss it.

Serial Murder essays

Serial Murder essays On the night of January 23rd, 1978, a 21 year-old woman was found murdered. The killer, in no way connected to the victim, had torn all clothes from the woman's body and had ripped open her lower abdomen. A huge knife wound gaped from breast to navel , some inner organs had been cut out. Several body parts were missing. There were some stab wounds in the left breast. The killer had put animal excrement into the victim's mouth. To all appearances he had caught blood in a yogurt tub and drunk it (uni- saarland.de/fak5/ezw/abteil/motiv/paper/murder_engl.htm) Murder, the uglier side of our society, never seems to want to go away. Sometimes the crime is almost automatic: Rejected love, laid off employees, revenge, drugs, and sheer hatred. The suspect is apprehended, the motives are identified, and the case is shelved away amongst the myriads of others almost as quickly as it was discovered. Alas, what do you do when paths are blocked off, roads are closed down, and common sense seems to have taken a break? What do you do when murder doesnt make sense? What becomes of the preceding case? One of the increasingly popular and rapidly growing fields of study in the general realm of analysis is criminology; the study of crimes, criminals, and their behaviors. Although criminology as a whole, is too vast an area to try and understand in the limited time that we have, the study of serial killers, as branch of this field, is a concentrated area of focus. During the course of time, there have been various theories as to explain the real causes, as well as solutions, to the unfortunate problem of serial murder. Killing at random, with no obvious purpose or motive, has in turn, become one of the deadliest cancers of any civilized society. As sort of a principle foundation of ideas, criminologists have determined several conclusions that they believe refers to all serial killers. The fi...

Space Age Furniture Essay Example | Topics and Well Written Essays - 1250 words

Space Age Furniture - Essay Example Space Age Furniture manufactures tables and cabinets to hold portable televisions and microwave ovens. It has the part no. 3079 which is used in two subassemblies, no. 435 used in Gemini TV stand and no.257 used in the Saturn Microwave. Using a lot size of 1,000; Using the master schedule, in week 1, 600 Gemini and 300 Saturn were made. Here, parts no. 435 and 257 were use in the subassemblies and part 3079 were also each used in each sub assemblies to make the final products. Therefore, to make the final product in week one; To improve the over sub-assemblies in lot sizes of 1,000, the management can increase the demand for the final product so that, all the sub-assemblies produced can be used in the production of the final product (Gray, 2000). For this mater, any week when sub-assemblies of lot sizes 1,000 are produced and the number is higher than the minimum required, the rest can be used for production in the next or the following week following the week in question. For this problem, if the sub-assemblies of lot sizes 1,000 have produced a lumpy demand for part no. 3079, it therefore means that, the demand for the different subassemblies such as part no. 257 and part no. 435 must also increase, hence increasing the demand for the subassemblies used to produce the final product. To make good use of this, the over demanded quantity of part no. 3079 can be used to produce more final products to boost profits (Magee, 2010). Any overtime work, the machinist is paid a 50% premium. If he is paid $22 on normal working hours, it means, during overtime, he is paid $11. On the other hand, inventory costs include $0.25 to hold any part per week and it also costs $0.75 to hold the sub-assemblies in inventory per week. This means that it costs $1 to hold all these components in the inventory per week. It means therefore that, for every hour, overtime is paid at $11, for a whole week, there are 40-hours worked. It therefore shows that, the on each unit produced,

The Use of PlayTherapy in Treating Toddlers by The Health Care Essay

The Use of PlayTherapy in Treating Toddlers by The Health Care Profession - Essay Example Therefore, play therapy is considered as an important part of physiotherapy when treating toddlers as well as young children. For this study, the researcher will gather appropriate journals for the literature review. To give the researcher a better understanding of play therapy, the researcher will first provide the different types of play that can be used within the different health care settings. Eventually, the researcher will discuss the importance of play therapy on the mental, physical and social developmental growth of toddlers. Since children naturally express their thoughts and feelings through play, the researcher will discuss the impact of play therapy in treating toddlers during the physiotherapy treatment sessions. Prior to the main discussion and recommendation for the use of play therapy within the physiotherapy units, the researcher will discuss the role of physical therapists in the application of play therapy in assessing and treating the toddlers. Upon discussion the scope and limitations of the research study, the researcher will discuss the implications for future research study. treating the toddlers with physiological problems during the child’s physiotherapy treatment sessions. Another goal of the study is to determine the role of physical therapists in the application of play therapy in assessing and treating toddlers. Exercise Physiology – â€Å"the scientific discipline involving the examination of how acute and chronic physical activity influences the structure and function of the human body.† (Birch, McLaren, & George, 2005: 1 – 2) Play Therapy – â€Å"a developmentally sensitive therapeutic modality wherein a trained play therapist apply the therapeutic effects of play to enable the children to prevent or resolve their psychosocial difficulties to achieve their optimal growth and development.† (Bratton et al., 2003) In gathering peer-reviewed evidences regarding the impact and importance of play

Selection Interview as an Effective Employee Selection Practice Essay

Selection Interview as an Effective Employee Selection Practice - Essay Example The rationale for the selection interview as the final determination of a candidate’s fate is that it will predict the performance of the potential candidate. However, this is a misplaced concept. Even lie detector test need a baseline to determine which statement are lies and which are not. Without a baseline for the candidate’s demeanor, inflections and overall behaviour it is very hard to accurately determine his intention and motivations or predict his future performance. Just the same, given that selection interviews are still preffered by many managers to â€Å"feel† their candidates, the Human Resoruce Management Department should equip these managers the skills and knowledge they need to have. â€Å"A competency-based framework is advocated as the best way to creating a level playing field for evaluating candidates and for improving the validity of the selection interview. Competencies should be developed as part of a job analysis in which job descriptio n defines the duties or tasks invovled and a person specification details the characteristics or knowledge, skills and abilities required to perform the job. Some competencies can be assessed only by experts and others may require work samples, while still others need to be monitored or assess over time in the job. Competency approaches should therefore be developed as part of the corporate resource policy.† (Swift & Robertson, 2000) According to Lou Adler (1998) in the book â€Å"Hire with Your Head† The best interviewers use two different critical thinking skills, one for the hiring decision and another for information gathering. They recognize that the hiring decision must be intuitive, since there is never enough information to match abilities, needs, and interests... In Hiring the Best the following were cautioned to be the normal problems when a the wrong person is hired for the job. â€Å"Poor analysis of job functions, leading to the recruitment of the wrong people. Misguided recruitment strategies, leading to an inadequte pool of talent. Poor analysis of the necessary skill sets and behaviors, leading to inappropriate selection criteria.Inadequate initial screening, leading to wasted time and the wrong candidate on the short list. Selection interviews it is best to be prepared, knowing what you want is better than the candidate telling you that you want them, a good charismatic salesman can do that. Unless the position that needs to be filled up is for a salesman that is not a good way to choose the best candidate. The job description of the position to be filled should be on hand and in the mind of the interviewer. But knowing the technical requirement of the job is not enough. The interviewer should also be familiar with the culture or operating atmosphere of the position that is going to be filled. Information such as these is useful in determining the right behaviour, temperament and attitude needed for the job that should be in the ideal candidate. For organizations, the best interviewers are those that do not harbour or display any strong biases in any form. Training the interviewers in basic psychology and conducting scientific interview is another strategy in assuring professionally conducted selection interviews. The best result however may not be within the range or near one hundred percent as far as choosing the best and ideal candidates. This is due to the fact that selection interviews are intuitive in nature. It’s just that some are better liars than most.

Strategic Alliances In Integrated Supply Chain Management

Strategic Alliances In Integrated Supply Chain Management The objective of the study is to offer a theoretical framework to explain the positive impact of interdependence between strategic alliance partners with regard to the integration of work activities, information and alliance outcomes from the perspective of supply chain management. Methodology This approach adapted is a secondary approach where in the evolution of strategic alliances is comprehensively studied thus establishing the needs of organization across various time periods. Literatures of strategic alliances are approached from a strategic and supply chain perspective. Findings In the dynamic and ever changing business environments, strategic alliance has become an indispensable tool for the effective and efficient performance of a supply chain. With rapidly changing product life cycles and decreased durability of technologies, strategic alliances no longer became a strategic option; it became a necessity for an organization to survive the competition. Research limitation The information in this article is based on a sample literature available in this area. So the scope of information discussed in this article is limited to this literature sample. Practical implications The review of this literature highlight the importance of strategic alliances in supply chain management from the strategic perspective and explain the importance of information technology for effective integration of supply chain. Introduction For the purpose of this study, a strategic alliance is a trading partnership which links certain business processes of two or more companies which may augment effectively the competitive strategies of the firms involved while providing mutual benefits by exchanging technologies, skills, resources, or products. A strategic alliance can vary in form, function and framework. Increasing market competition, reduced product life cycle, high capital investment, increasing demand for innovation and new technologies are bringing additional pressure on companies to come up with new strategies for sustainable competitive environment (Denise Cristina Nishimura, 2010). In addition to these, all the exogenous factors like political, economic, social, technological and ethical factors related to automotive industry were the antecedents for automakers to engage in alliances. With the fundamental shift in power to the customer and customer dictating the terms of the market, issues of interdependence among members of supply chain became more critical. Winning customer loyalty becomes more difficult in this volatile environment and it becomes difficult for firms to compete in this competitive environment with inefficient and ineffective supply chains. So organizations rather than maintaining traditional arms-length relationships and having silo type structures, should strategically segment their supply chain partners and form durable arms-length relationships to allocate different levels of resources to each group (Damien Power, 2004). With ongoing globalization and increased competitiveness in the market place, it becomes difficult for the organization to have foot hold across many countries which require huge investment, technological agility to serve local customers and to overcome various environmental constraints like governmental regulations etc. So companies by forming alliances can share the financial, technological resources and can effectively serve multi-domestic markets. Strategic alliances are an instrument for combining co-operation and competition in corporate strategies. Patterns of co-operation and competition can be categorized into three groups (Nam-Hoon Kang, 2000): Co-operate while competing: Companies may continue to compete while they co-operate in some business areas in order to learn from each other to strengthen weak areas. Co-operate among them and compete with others: Companies may form alliance to compete with strong third parties. Co-operate, then compete: Companies co-operate among themselves to gain competencies and compete once they achieve a common standard. Major Alliances in Automobile Sector Source: Adopted from Kang, N. and K. Sakai (2000), International Strategic Alliances: Their Role in Industrial Globalization. Evolution of Strategic Alliances In the evolution of automotive industry it started with artisan production, passed through Henry Fords mass production to the present state State of the art technologies. Throughout the evolutionary past automakers formed alliances in the form of mergers, acquisitions and joint ventures. Strategic alliances have been formed between firms on a national or international basis. The current form of alliances is distinguished from the past forms. In the new alliances firms remain independent from each other. During the arrangement there are common goals, but each firm has its own strategic goals. The partner firms are frequently collaborating reciprocally in their core areas of their competences rather than in peripheral businesses (Denise Cristina Nishimura, 2010). As on 2004, 80% of the passenger cars have been manufactured by the ten firms of the five industrialized countries. The strategic alliances in the passenger car industry happened mostly among countries like USA, European Union, Japan and Korea. General Motors and Toyota, Ford and Mazda, Chrysler and Mitsubishi have formed strategic alliances (Ayegul Samsunlu, 2006). Out of these only small number of companies leverage on supplier relationships, involving suppliers in their key business processes. Traditionally companies followed multi-supplier model, avoidance of long term contracts to enforce high bargaining power and keep the margins low. In this model organizations view themselves as individuals which are creating value to the customer by producing the deliverables. This is later dominated by a co-operative model where in companies share vital information to the suppliers, recognize areas of common interest, areas of distinctive competence among suppliers to leverage on their resources and integrate suppliers to their business process for effective and efficient performance of supply chain activities. In this organizations view themselves as a part of supply chain which creates value to the customer. This integration process among various partners of the supply chain is further facilitated by development in technological solutions that integrates information that surpasses organizational boundaries. This concept of supply chain further evolved into supply networks where in many firms in the supply chain are a part of different supply chains (Damien Power, 2004). Reasons for Strategic Alliances One of the reasons the automobile industry allies with foreign firms is to survive global competition under a weak relationship between the government and the industry (Hyun Young LEE, 2005). The reasons for forming strategic alliances changed over a period of time. Reasons for Alliances (Source: Adopted from Margarita Isoraite Importance of Strategic Alliances) Strategic alliances are supposed to create value for partner firms and their customers. This value is generated through synergy among the partnered firms. A large number of factors are responsible for creating the value like access to common resources, fit between partners needs, cost sharing, market penetration, scale economies etc (Bing-Sheng Teng, 2003). An alliance can create value in three possible ways. They are (Bing-Sheng Teng, 2003) Increases unit sales Lowering average costs per unit Increasing the customer willingness to pay An alliance along with leveraging on the competencies should also overcome the issues associated with partnering. In August of 1966, Nissan took over Prince. Besides the Nissan-Prince merger, six separate auto producer tie-up arrangements were negotiated in the late 1960s; Toyota-Hino (1966), Toyota-Daihatsu (1967), Fuji-Isuzu (1967), Mitsubishi-Fuji-Isuzu (1967), Mitsubishi-Isuzu (1968), and Nissan-Isuzu (1966). Toyota-Hino and Toyota-Daihatsu mergers materialized. It is notable that the product lines of three companies were complementary; Toyotas passenger cars, Hinos trucks and Daihatsus mini cars. All three firms were profitable in their primary line of products. This alliance created value because the activities in which these firms are competent are complementary, so the companies leveraged on these to generate added value. On the other hand, the four negotiations involving Mitsubishi, Isuzu, and Fuji failed because they could not overcome the various obstacles; product line ov erlapping, management independence, and antagonism between firms (Hyun Young LEE, 2005). The aims of strategic alliances are product differentiation, reduction in development costs, optimization of manufacturing capacity, reduction in time to market, improving productivity, speeding up the product development cycle, spreading the high cost of RD and leveraging know-how where ever. For example, GM has created strategic alliances. It has created strategic alliances with Suzuki for small cars. It has created strategic alliance with Toyota for technology, Honda engines for Hummer, Fiat for regional dominance and Isuzu for diesel engines and trucks (Ayegul Samsunlu, 2006). Some prime reasons for strategic alliances are (John D. Daniels, 2009) To spread and reduce Costs At a small volume of business, it may be caper for companies to contract the work to a specialist rather than handle it internally. A specialist can spread the fixed cost across many companies. Similarly a company having excess production and sales capacity that it can use to produce or sell for another company. Using this capacity for production or selling, the contracting company reduces its costs by not investing in fixed assets. Ford (US) had an alliance with a Japanese carmaker, Mazda. Ford focuses on cost reduction through communalization of car platforms, power trains (Nam-Hoon Kang, 2000). Synergy and competitive advantage Achieving synergy and a competitive advantage may be another reason why firms enter into a strategic alliance. Competition becomes more effective when partners leverage off each others strengths, bringing synergy into the process that would be hard to achieve if attempting to enter a new market or industry alone (Margarita Isoraite, 2009). To specialize in competencies The resource based view of the firm holds that each company has a unique combination of competencies. Companies seek to improve its performance by concentrating on those activities that best fits its competencies, depending on the alliance partners for supply of products, services or support activities for which it has lesser competency. To avoid or counter competition Sometimes markets are not large enough to hold many competitors. So, companies have to band together so as not to compete. To Gain Knowledge Many companies that are open to new ideas and have the capacity to implement innovations, pursues collaborative arrangements to learn partners technology, operational practices, or home markets so that their own competencies will broaden and deepen, making them more competitive in future. To gain location specific Assets Cultural, Economic, Political and competitive differences among countries may create barrier for organizations to operate abroad. Then companies may seek local organizations to collaborate for managing local operations. General Motors and Ford are forming alliances with Japanese firms to build on their capacity and presence in the region. General Motors is jointly developing mini-vehicles for Asian markets with Suzuki and will assemble these vehicles in Suzukis factory in Japan or other Asian countries (Nam-Hoon Kang, 2000). To overcome Governmental Constraints All the countries limit foreign ownership in some sectors. So companies have to partner with local organizations to serve these markets where 100% FDI is not permissible. Fastest means of entering markets Collaborative arrangements offer a faster initial means of entering multiple markets. Moreover, if product conditions favor diversification, it is more compelling to establish a foreign collaborative arrangement. To minimize exposure in risky environments Companies worry that political and economic changes will affect the safety of assets and their earning in their foreign operations. One way to minimize losses is to minimize the asset base in foreign countries by collaborations. Types of Strategic Alliances These alliances range from relatively noncommittal types of short-term, project-based cooperation to more inclusive long-term equity-based cooperation namely mergers and acquisition, joint ownership, joint venture, formal cooperative, informal cooperative. Horizontal Alliances In the automobile industry, horizontal alliances occur when an automaker links with another automaker with reciprocal collaborations in joint activities. Partners can setup joint production/infrastructure to achieve economies of scale, or joint sales in order to gain more market share, or basically to transfer technological knowledge. Licensing (John D. Daniels, 2009) In Licensing, a company (the licensor) grants rights to intangible property to another company (the licensee) to use in a specified geographic area for a specified period. In exchange, the licensee pays a royalty fee to the licensor. Used for Patents, Copyrights, Trademarks and other intangible properties. The economic motive behind licensing is for faster start-up, lower costs or access to valuable resources. The advantages of licensing are Licensor can cover many markets in faster speed at low cost Licensor gets tie-ups with local distributors. Understands local market Disadvantages of licensing can be diffusion of technology and losing the market to licensee. The licensee can become a potential competitor. In the alliance between GM and Russian Avtovaz, GMs licensed its technology to Avtovaz, to produce sport utility vehicles in Russia (John D. Daniels, 2009). Joint Ventures A joint venture is defined as a co-operative business activity, formed by two or more separate firms for strategic purposes, which creates a legally independent business entity and allocates ownership, operational responsibilities, and financial risks and rewards to each partner, while preserving each partners separate identity or autonomy (Nam-Hoon Kang, 2000). The independent business entity can either be newly formed or the combination of pre-existing units and/or divisions of the partners. Joint ventures generally aim at making the new company a self-standing entity with its own aims, employees and resources (Nam-Hoon Kang, 2000). Some reasons for joint ventures are Exploiting Capabilities and Expertise (Nishith Desai, 2011) Companies having complementary skills and capabilities engage in mutual co-operations, so that they can contribute to the co-operation. Each of the members concentrates on their competencies and depends on their partner for complementary skills so that the total value generated by the partners will be more than the value generated individually. Leveraging Resources (Nishith Desai, 2011) With the globalization, it became difficult for one company to pool all the resource like financing, skilled manpower to serve various markets. Access to labor, capital and technological resources have become driving forces for modern businesses to withstand the competitive dynamics in the changing environment. Managing the business across the borders became more complex compelling the companies to form alliance by entering into a Joint Venture. Advantages of Joint venture includes entering a foreign country against FDI regulations , sharing risks as well as costs, established channel partners and relations of the partner etc (John D. Daniels, 2009). Disadvantages include conflict of vision/interest, both parties not contributing equally, lack of complete control, Market sharing leading to market contraction etc (John D. Daniels, 2009). Examples: Hero Honda started in 1984 as a joint venture between Hero Cycles of India and Honda of Japan. After that it became the largest two wheeler manufacturer in India. In August 2011 the company was renamed Hero MotoCorp with a new corporate identity after the joint venture dissolved. Acquisition (Eszter Molnar, 2009) The fastest way of entering new markets is by acquisition where the larger firm purchases more that 50% of stake in the smaller firm. It enables the buyer to benefit from existing structures, brand, relations, channels and business knowledge in case of a foreign takeover. Advantages (John D. Daniels, 2009). Saves time and quick to market due to well established distribution and sales channels Competition in the market remains unchanged Disadvantages (John D. Daniels, 2009). Obsolete technology Resources might not be in best class Processes and practices might not be world class Example: Porsches gambit, where in it steadily increased its stake in Volkswagen since 2005 and became the majority stake holder in Volkswagen by October 2008 (Eszter Molnar, 2009). Tata motors after the acquisition of British Jaguar Land Rover (JLR) business became a major player in the international automobile market. The main reason for the acquisition would be acquiring intellectual property rights related to the technologies. Merger Merger is an horizontal equity alliance, where two companies often of about the same size, decide to go forward as a single company that remain separately owned and operated. An ominous merger was the DaimlerChrysler when the German based Daimler-Benz merged with US based Chrysler Corporation in 1998. It is known as Merger of Equals, but it didnt last long and they separated in 2007. Later Chrysler made a strategic alliance with Fiat under the terms that Fiat will take 35% of stake in Chrysler in exchange for supplying high fuel-efficient power train technology and small and medium sized vehicle platforms. This alliance helped Chrysler to penetrate European and South American markets and Fiat to get access to US market (Eszter Molnar, April 2009). Vertical Alliances Vertical alliances occur when the automaker builds relationship with suppliers who provide goods and services in any business process along with the vertical chain. Basically vertical relations were mostly based on the decision making process of make-versus-buy. Making decision means that the automaker produces in-house. One of the main reasons behind it is to protect its core competitive advantages. Buying decision means that the automaker purchases or outsources the production of goods or services. The shift in the strategic outlook from organizational view to supply chain view is compelling organizations to produce the core products in-house and contract the production and control of peripheral parts from strategic supply chain partners. Nowadays, in the automobile industry 30% of the parts of a car are produced by automakers, while the other 70% of the parts, which would be assembled in the final product, are produced by suppliers (Denise Cristina Nishimura, 20 10). Contract Manufacturing (John D. Daniels, 2009) In contract manufacturing, the parent company approaches a firm known as contract manufacturer with a design/formula. Once the contract is finalized then the contract manufacturer manufactures the components/products for the hiring company. The company becomes free from managing the labor but technological diffusion will occur but only for manufacturing process. Examples like manufacturing contracts between a major carmaker and a local Chinese firm, Toyota/Tianjian Automotive Industrial and Renault/Dandong Automotive Works. Turnkey Operations (John D. Daniels, 2009) Turnkey operations are a type of collaborative arrangements in which one company contracts with another to build complete, ray to operate facilities. Companies building turnkey operations are frequently industrial-equipment manufacturers and construction companies. Customers for turnkey operations are frequently governmental agencies. Strategic Outsourcing Strategic outsourcing is the alternative way for the company to accomplish its value chain activities rather than performing the entire value chain activities. In the current market place there are quiet a good number of companies that are specialized in some activities. Outsourcing these activities to the specialized companies strengthen the companies business model either by improving the efficiency by decreasing the cost or by enhancing the effectiveness by creating differentiating advantage in terms of quality, variety, speed of the supply chain. Subcontracting is necessary because it facilitates firm to concentrate on its core competencies; it allows for an economic method of production; suppliers are encouraged to specialize, which allows economies of scale in technology; to encourage smooth production by utilizing sources of supply. Economic Dualism theory suggests that large companies create dual economy by subcontracting, in which they can expand their resources in times of fortune and reduce capacity in times of recession, thus using sub-contracting as a cushion against economic cycles. However this theory fails in present conditions where subcontractors are seen as partners sharing risks, rewards and revenues (Paul D Cousins, 2003). This outsourcing can be entire function like Nike outsourced its manufacturing function or it can be a part of the function like many companies outsource the management of their payroll/pension systems while keeping the HRM activities within the system. A survey estimates that some 56% of g lobal product manufacturing is exported to manufacturing specialists (Hill Jones, 2008). What to Outsource With customer being the key focus in these present dynamic environments, companies keeps on trying to increase the total value generated to the customers by increasing the gap between customer willingness to pay and costs associated with the product. To achieve this companies outsource activities that they think the specialized company will generate more value by performing that activity. In the environment of growing customer demand for supply chain efficiency and effectiveness it is recommended for the company to perform the supply chain activities that it has distinctive competence and outsource the rest of activities. In many cases out-sourcing helps companies to obtain better operational expertise that would be difficult for the company to develop in-house. Outsourcing is growing at a rate of 23% per year because companies are discovering that they do not need to do everything themselves. Yet, not all processes are outsourced. Outsourcing the wrong process could be counterproduc tive, expensive, or even fatal to a company (Andrea and Dana Meyer, 2002). Core vs. Non-Core (Andrea and Dana Meyer, 2002) The most crucial aspect of outsourcing is in making the distinction between the core competencies, which should be kept in-house, and the non-core activities, which are candidates for outsourcing. One element of the core vs. non-core distinction is the issue of controlling ones destiny. Becoming excessively dependent on partners reduces the strategic options available to a company. Processes that nurture the core, protect the core, or help the company exploit its core competencies are also held internally. Companies need to think carefully about what they wish to sow, nurture, and reap in-house in order to harvest long-term profits. Five-Stage Model (Andrea and Dana Meyer, 2002) Prof. Fine enumerated five variables that predict the wisdom of in-sourcing vs. outsourcing. Modularity of components/processes: Modular elements are potential candidates for outsourcing than integral elements of a product or business Quantity of providers: The fewer the number of providers, the less outsourcing makes sense Clock speed: The faster the clock speed, the more you want to in-source. Importance to customer: If the customer cares about it, dont outsource it. Benchmark performance level: if you have best-in-class performance on the process, dont outsource it. Value Equation (Andrea and Dana Meyer, 2002) A value equation used by Unilever to evaluate the added value generated by outsourcing activities to supply chain partners is Net Value = Internal Value from Focus + External Value from Provider Transaction Costs This equation helps only quantitatively where as many qualitative parameters like whether the activity is core or non-core should also be considered. For activities that are non-core, the equation helps the company assess the value of outsourcing that non-core activity. Although the equation looks like a simple financial model, many of the terms have qualitative elements (Andrea and Dana Meyer, 2002). Value Equation: Internal Value from Focus (Andrea and Dana Meyer, 2002) With outsourcing, management and employees can focus more on what is important. So organizations create more value by focusing their valuable resources on their core activities and thus increase the value to the customer. Value Equation: External Value from Provider (Andrea and Dana Meyer, 2002) Providers can create value by being more efficient, more effective, or more innovative than the internal counterpart. This value is the key part of the value proposition. The source of the providers value can fall into one of two categories: Value from high economies of scale Value from high levels of expertise. Specialist provider achieves scale economies by aggregating volumes of activities from multiple companies through standardization and decreases the unit costs across the supply network. Value from high levels of expertise occurs when the provider can accumulate large quantities of knowledge that would be hard for each client company to replicate. Value Equation: Transaction Costs (Andrea and Dana Meyer, 2002) Transaction costs are inevitable in the outsourcing. Costs of internal transactions which are in general informal are very low and hidden where as the transaction costs with the outsourced company are visible and substantial. Extra transaction costs arise from having to formally specify what the partner is to do, managing that external activity. Companies decompose transaction costs into 3 categories: Oversight costs: Cost of managing the relationship, performance, information exchange etc. Switching costs: Cost of changing from insourcing to outsourcing Risk: The potential costs of problems associated with the outsourcing arrangement Evolution of Outsourcing Subcontracting model has changes drastically over last two decades. One of the most common strategies was Multiple Sourcing, which arises from the principle Not to keep all your eggs in one basket which was adequate when competition is local or national. With companies becoming global, competition has intensified, time to market cycles has to be kept low, increased innovations as customers demanding high quality products, at competitive prices became difficult with multiple sourcing strategy. This shifted the focus of companies towards Parallel Sourcing strategy where companies use single source within model groups and multiple sources for different products. This provides buyer benefits of sole sourcing like closer working relationships, information sharing etc and benefits of multiple sourcing like security of supply and market pricing (Paul D Cousins, 2003). This approach is followed by what is called Network approach which is complemented by concepts of Supplier tiers. In this approach suppliers are organized into Tier I (Major assemblers) followed by Tier II (Sub-assemblers). This kind of supply structure has become popular with in automotive and aerospace industry where in it allowed buyers to work with fewer, sophisticated suppliers. As a result buyers rely on fewer, powerful suppliers for supply of sub-assemblies (Paul D Cousins, 2003). With these high levels of dependencies, scholars are considering near paradigms like agile, lean and mass customization techniques. These paradigms are creating high degrees of integration across supply chain that will require more sophisticated relationship management across supply chain partners. If managed properly firms can reduce costs, decreases time to market and increases responsiveness to customers at lower costs (Paul D Cousins, 2003). Benefits of Out-Sourcing Cost reduction and cost savings Out-sourcing reduces the costs if the price you are paying for the company is less than the costs that you incur if the same activities are performed in-house. Specialist companies are able to perform activities at a lower cost as they can realize economies of scale by performing the same kind of activity for various companies. These specialized companies invest more in efficient-scale manufacturing facilities/processes to spread the costs against large volumes and bring down unit costs. Specialists also save costs through learning effects more rapidly than the clients. These companies learn fast how to operate the processes more efficiently compared to its clients. Since most of the out-sourced companies are based at low-cost global locations, costs can easily drive down (Hill Jones, 2008). Enhanced Differentiation Companies should be able to differentiate its final products by out-sourcing certain noncore activities. These companies can provide more reliable products by strongly focusing and achieving competence in that activity thus decreasing the defect rate. Most of these specialized companies have adopted Six Sigma methodologies and bring down error rates, thereby increasing the reliability of product. For example carmakers outsource specific kinds of vehicle component design activities such as microchips and headlights to the specialists who have earned reputation for design excellence (Hill Jones, 2008). Focus on core business Strategic out-sourcing makes the managers to focus their energies and companies resources in performing the core activities that can create sustainable have more potential to create value and competitive advantage. By this companies enhance their competence and push out the value creation frontier and create more value for their customers (Hill Jones, 2008). Flexibility Companies gain access to new technologies and use suppliers technology to accelerate new product development. Companies can also adapt to changing business environments by changing suppliers if the existing suppliers using technologies that are obsolete. Thus companies mitigate the risk of investing in resources/technologies that have short life cycles (Yijie Dou and Joseph Sarkis, 2010). Local Expertise Partners also bring local expertise to the relationship. Although global companies would like to create economies of scale based on world-wide uniformity, such uniformity is not always possible. Local government regulations impact ingredients or packaging. Local customs and trends affect marketing or product mix. Supplier partners (l

Divorce: Ensuring the Wellbeing of a Child Essay -- relationships, psy

For my research, I have chosen to explore the discussions regarding the various ways in which children are affected by the divorce of their parents. Divorce is a hard time for all parties involved, but many people are unaware of the full extent of issues that it can cause for those that are not directly involved- the children. Also, many of the negative affects divorce presents can, in fact, persist and become long-term. Most parents realize that their separation takes a toll on their children, but typically, adults are unaware of the ways that their children can potentially be affected by it throughout the rest of their lives. After thorough research in the field, the topics I considered to be most informative and compelling include: how divorce can affect separate children in different ways, the dynamics that are responsible for causing variations in the effects upon children, and how adults who encountered divorce as children are affected in the long run. These subtopics within the field are important because of their specific focus and unique approaches. My intention is to build upon them by adding an extra element of primary prevention in hopes of ensuring the ideal wellbeing for the children involved. This topic and its research are very important because they are relevant to such a large scope of people. According to an online statistic source, in the United States alone, there is one divorce approximately every 36 seconds. That’s nearly 2,400 divorces per day, 16,800 divorces per week and 876,000 divorces a year (â€Å"Thirty-two Shocking Divorce Statistics† par. 4). With about two million marriages each year and nearly a million annual divorces, there is a considerable portion of our country that is affected by d... ...lpGuide, n.d. Web. 27 Apr. 2014. . McCabe, Kristen M. "Sex Differences in the Long Term Effects of Divorce on Children: Depression and Heterosexual Relationship Difficulties in the Young Adult Years." Journal of Divorce and Remarriage 27.1-2 (1997): 123-35. Print. Philpott, Shannon. "Four Things to Keep Stable with Children of Divorced Parents - Mom.me." Mom.me. N.p., n.d. Web. 27 Apr. 2014. . Zill, Nicholas, Donna Ruane Morrison, and Mary Jo Coiro. "Long-Term Effects of Parental Divorce on Parent-Child Relationships, Adjustment, and Achievement in Young Adulthood." Journal of Family Psychology 7.1 (1993): 91-103. Print. Zinsmeister, Karl. "Divorce's Toll on Children." American Enterprise 7.3 (1996): 39-44. Print.

Essay on the May 4th Movement

Geoffrey Lee 6. 16 Macedonia History Essay To what extent do you agree with the assertion that May 4th 1919 was one of the most significant dates in Chinese history. The May 4th movement in 1919 was a significant date in Chinese history to a very large extent. This essay will attempt to justify this claim by explaining the short-term effects of the M4M and more importantly the long-term effects. The year 1919 is a significant year as it was the year right after World War 1 (WW1) had ended; hence many war-settlement treaties were signed. One of these would be the Treaty of Versailles (TOV) which involved China.The M4M was a movement that had begun from the rise of sentiments of democracy and nationalism. Previously, China had been ruled by a single ruler where traditional culture and Confucianism dominated the nation. However after WW1 and the influx of western ideas and ideologies, thus many youth in China begin to call for a demolition of the previous culture and Confucianism, and t o replace it with a new culture and direction. This movement was headed by large forms of mass advertising through the use of the New Youth and many other magazines.This increase of national sentiments led to the Chinese demanding that their government to oppose the Japanese 21 demands on Yuan Shikai’s government and it also saw the emergence of the new merchants and labour class. With all these demonstrations and national sentiments, China was in a period of disorder and lawlessness, which was similar to that during the warlord era in the 1800s. In the short-term, the M4M was a significant date in Chinese history to a small extent as it resulted in many strikes and demonstrations throughout China to occur.Students demonstrated in the capital of Beijing while many other occupants such as shopkeepers, industrial workers and other urban employees joined in the strikes and demonstrated in other key cities in China such as in Shanghai. The demonstration also saw a nationwide boyc ott of Japanese goods in an attempt to show Yuan Shikai to reject the Japanese demands to make China a Japanese protectorate. Also, the government of China was forced into rejecting the terms of the TOV which angered the West. This resulted in massive violence throughout the nation which did theChinese no good and it aggravated ties between China and the West. In the long-term, the M4M was a significant date in Chinese history to a very large extent as it resulted not only in many cultural changes, but most importantly; it changed the political scene in China. The M4M gave birth to political activism where the people called for the end of a single ruler, but instead to have a democratic government. This surge of political activism was propelled by the education of the youths who believed that they would transform China.The youths emphasized heavily on the destruction of China’s traditional culture which was based on Confucianism, and they assumed that Western thought and civi lisation was the way forward. This led to the reorganisation of the Guomindang (GMD) which saw Sun Yatsen calling on the Soviet Union. This also led to the founding of the Chinese Communist Party (CCP). The CCP was founded as a result of the increased appeal of Marxism-Leninism, which proved to be very successful in the Soviet Union.These 2 political groups would later take over the whole of the Chinese political scene and would later oppose one another in their attempt to dominate the Chinese government, which would result in massive killings of one another. However these 2 parties would combine forces during the World War 2 (WW2) period to fight off the Japanese imperialism which ensured that China would not fall into the hands of the Japanese. Hence this proved that the M4M was indeed a significant date in the history of China to the largest extent.In conclusion, it can be agreed that the M4M was one of the most significant dates in the history of China simply due to the fact tha t it was through the M4M that both the GMD underwent a massive reform, and at the same time, the birth of the CCP was witnessed. The combination of these 2 factors proved to be significant as without the formation of either party, China would have suffered much more detrimentally in WW2 as it was only through the surge of nationalism of the Chinese, and the combined forces of the GMD and the CCO that China managed to fight off the Japanese.

Treasure Island Essays - English-language Films, Lost Films

Treasure Island Essays - English-language Films, Lost Films Treasure Island Treasure Island The title of this book is Treasure Island. It is written by Robert Lewis Stevenson and takes place mainly on Treasure Island. There were many characters in this story but the most substantial were; Jim Hawkins the cabin boy/narrator; Long John Silver the captain; David Livesey the ships doctor; Pew the blind-beggar; and John Trelawney the owner of the ship. After the Captain had died from an overdose of Rum, Dr. Livesey looked through the Captains coat and there he found a book. Later Dr. Livesey, Jim, and the squire looked through the book the doctor had found, the doctor opened the seals with great care, and there fell out the map of an island. It had the latitude and longitude, soundings, names of hills, bays, and inlets, and every detail that would be needed to bring a ship to a safe anchorage upon the island. In three weeks time Hawkins shall come as cabin boy. You, Livesey, are ship's doctor; I am admiral. The ship was already bought and fitted. It lied at anchor, ready for sea. The two hundred-ton ship was named Hispaniola. They were ready to go treasure hunting. Well since they didnt have a Captain they had to find someone they knew was an experienced sailor-man, and above all, they could trust. So they told Jim where he could find a man of that caliber by the name of Long John Silver. When Jim reached his destination he looked around and found some one that he thought met the description of a sailor. He went up to the man and said, Long John? The man replied. It happened to be the person Jim was looking for. So Jim told him the plan about the treasure hunt. Long John wasnt too thrilled about the idea of treasure hunting (since he had had bad experiences treasure hunting), but he agreed to it any ways. The voyage was long but the crew proved them selfs worthy. As they steadily approached the island Jim was feeling sick, he said to himself perhaps it was the look of the island with its gray, melancholy woods, and wild stone spires, and the surf that I could see and hear foaming and thundering on the steep beach. Although the sun shone bright and hot, and the shore birds were fishing and crying all around them, you would have thought anyone would have been glad to get to land after being so long at sea, Jims heart sank, as the saying is, into my boots; and from the first look onward, he hated the very thought of Treasure Island. Out, lads, out, and fight 'em in the open! Cutlasses! cried the captain. Round the house, lads! Round the house! cried the captain. And yet, in this breath of time, the fight was over and the victory was ours. These words were spoken during the brutal fight between the pirates and the crew of the Hispaniola while on the island. The climax was when the crew aboard the Hispaniola finally found the treasure in a secluded location as the map had stated. In the treasure there were many different things such as. English, French, Spanish, Portuguese, Georges, and Louises, doubloons and double guineas and moidores and sequins, the pictures of all the kings of Europe for the last hundred years. Strange Oriental pieces stamped with what looked like wisps of string or bits of spider's web. Round pieces and square pieces, and pieces bored through the middle, as if to wear them round your neck nearly every variety of money in the world must, I think, have found a place in that collection. Well, to make a long story short, they got a few hands on board, made a good cruise home, and the Hispaniola reached Bristol. Five men only of those who had sailed returned with her. Drink and the devil had done for the rest. All the men had a sufficient share of treasure. Nothing would bring Jim back to that accursed island; and the worst dreams that hell ever have are when he hears the surf booming about its coasts or start upright in his bed with the sharp voice of Captain Flint

Jean Piaget essays

Jean Piaget essays Jean Piaget was a Swiss psychologist famous for his pioneering studies of the development of thought processes, particularly in children. He is generally considered to be one of the most important figures in modern developmental psychology and his work has had a great influence on educational theory and child psychology. He received many international honors for his work, including seven scientific prizes and 25 honorary Piaget was born on 9 August 1896 in Neuchtel, Switzerland. He published his first scientific article about an albino sparrow when he was only 10 years old, and by the age of 15 he had gained an international reputation for his work on molluscs. Subsequently he studied at the universities of Neuchtel, Zurich and Paris, obtaining his doctorate from Neuchtel in 1918. His interest then turned to psychology and he spent two years at the Sorbonne researching into the reasons why children fail intelligence tests. The results of this research gained him the directorship of the Institut J.J. Rousseau in Geneva in 1921. During his subsequent career Piaget held many academic positions, some of which were concurrent. He was Professor of Philosophy at Neuchtel from 1926 to 1929; Professor of Child Psychology and History of Scientific Thought at Geneva University from 1929 to 1939; Director of the Institut Universitaire des Sciences de l'Education in Geneva from 1933 to 1971; Professor of Psychology and Sociology at Lausanne University from 1938 to 1951; Professor of Sociology (1938 to 1952) and of Experimental Psychology (1940 to 1971) at Geneva University; Professor of Genetic Psychology at the Sorbonne from 1952 to 1963; and Director of the International Bureau of Education in Geneva from 1929 to 1967. In 1955, with the help of the...

Position Paper (Health Law M7) Assignment Example | Topics and Well Written Essays - 500 words

Position Paper (Health Law M7) - Assignment Example In my position paper I look at how a balance can be stricken between rights of patients and the often necessary practical needs of the medical community. One well documented practice where abuse of patients may arise yet is very necessary for the practical training of medical surgeons is ghost surgery. In ghost surgery, the contracting physician is not the actual one performing the procedure on the patient and sometimes procedure may be performed by physicians who are students of surgery. The phenomenon takes place in other settings of medical care provision to patients such as radiology and laboratory testing. The patient may or may not suffer as a result of ghost surgery but the fact remains his contract was violated as the service was offered a person different from whom the contract was signed with. Training needs of medical doctors are also an equally important element for the sake future surgeons and physicians. In the Tunki cases, the court ruled California court ruled in favour of the Regents of University of California largely on the grounds of the important research work that the university is engaged in through its medical centre. By the mere fact the patient knowingly submitted himself to the facility understanding it selectively accepts patients from the public for medical care as part of their research efforts and thus waiver of negligence was the appropriate ruling. Ruling in favour of the complainant would have diverted funds meant for research into payment of claims. In this case the bigger research needs override that single patient’s rights to care and in effect life. In the case of Shorter her death was largely due to her faith with is supposed to be respected by the doctor yet it posed risk to her own life and buy the doctor not abusing her rights it amounts to negligence. Her best interest in the circumstance was

Blow the Whistle or Breath Insulation Essay Example | Topics and Well Written Essays - 750 words

Blow the Whistle or Breath Insulation - Essay Example The issue was dealt with by county inspector who recommended the improvement of the condition such as cleaning of all fallen fibers and removal of the asbestos or sealing of the pipes. However, the management did nothing to change the situation apart from cleaning the fallen asbestos. They however informed the workers to continue working in the same environment, but never to do anything that will disturb the asbestos and cause fibers to fall off. The high cost of eliminating the asbestos hazard prohibited the company from implementing the recommendations of county inspector. The dilemma in this case is whether the high cost of mitigating the risk posed by asbestos to the workers is worth the health risk to the workers. The workers are in disagreement as to whether asbestos truly cause cancer and whether the company should incur that cost in order to implement the recommended action by the county inspector. Some workers believe that if the asbestos is left undisturbed, there are no fi bers hence no health risk to those working in that environment. Main ethical principles in Manly Construction Company The working regulations require both workers and employers to be truthful in their operations (Anonymous, 16). In this case, Manly Construction Company is deceitful by assuring workers that the environment is safe for them yet they warn workers against revealing their negligence to the external stakeholders. The company has already been fined by the county inspector and requested to clean up the fallen asbestos. The county inspector further recommended the removal of asbestos or sealing of the pipes, but the company has refused to do so due to high cost involved in executing the recommendations. The ethical principles require individuals to be given an opportunity to exercise their autonomy of expressing their views and ideas regarding the issues affecting them (Anonymous, 18). In the case of Manly Construction Company, the workers have no autonomy to speak up their mind or enjoy better working conditions. The company’s management is forcing them to work in a risky environment by assuring them it is safe yet they do not the workers to share their views regarding the risk they are exposed to with external stakeholders. The company is acting unfairly by issuing threats to workers and by failing to protect workers against dangerous asbestos (Anonymous, 19). It is not in order for the organization to force employees to work in an environment that is likely to cause them health problems such as contracting cancerous diseases. This may result to disagreement between workers and employers since the only alternative for workers is to expose the malpractices of the company hence the workers may end up being fired from their jobs. The company is acting against the law since they have failed to rectify the issues that are posing threat to the workers despite the county inspector’s recommendations for the company to do so (Anonymous, 25). Fur thermore, the company is prohibiting the workers from sharing their experiences with corporate world since they are aware of the consequences it will pose to the company’s image. The main issue is balancing between the cost of mitigating the health hazard the current condition in the company is posing to the workers and wellbeing of the employees. The condition in Manly Construction Company affects both workers and the organization. The workers are exposed to cancerous diseases, while the organization has already been fined by county inspector and are likely to lose contracts in case they are exposed by their workers. If the workers suffer health problems the company will have to incur