Death Penalty Essays (577 words) - Penology, Capital Punishment

Death Penalty The death penalty or as it is formally called capital punishment should be totally abolished for many reasons. First and foremost no one should have the right to take anyone elses life, neither individually nor as a society representative, has the right to take another mans life, even apart from the seriousness of his guilt. (Thinkquest,). Killing is a sin under God. Thou shall not kill is one of the ten commandments. Although not everyone in this country is Christian our constitution was founded on the principle that we are one country under God. Throughout history there have been a number of arguments in favor of capital punishment. These arguments include the deterrent argument, the retribution argument and the protection of the public argument. The deterrent argument claims that the death penalty serves as a deterrent to criminals because it instills fear sufficiently to stop criminals. However, statistically this has been found not to be true. None of the many studies about the matter has been able to show the death penalty is more deterrent than other punishments. (EZ,). Most people who commit the most serious crimes do so under unnatural circumstances. Fear is not even present. Most serious crimes such as murdersare committed when the criminal is blinded with passion, when emotions prevail over reason. (Collegain,). Even those who plan crimes such as murders do so thinking that they are not going to be discovered. Criminologist assert that the best way to discourage murderers isnt by increasing the severity of punishment but by increasing the possibility of discovering the crime and condemning the culprit.(Thinkquest,). Retribution as a reason for capital punishment assumes that the public wants revenge. Although victims of crimes and their relatives deserve to know that the criminal is being punished for their crime, our country beliefs in rehabilitation. Penalties do not have to tend to the revenge or the mere punishment of the criminal, but must reeducate him and rehabilitate him morally and humanly; and what rehabilitation would be possible towards a dead man.(EZ). To protect the public from dangerous criminals it is not necessary to kill them. Again, the idea is that our penal system is supposed to rehabilitate people. In fact, in order to carry out justice and fearing the neglect of details and legal means to which the sentenced can apply, protracts trials and postpones the execution, so the condemned its often changed from the man who committed the crime with the result of executing pe3ople different from the condemned ones. (Thinkquest). In addition to these issues which have been argued there are two other important concerns that should be considered regarding the death penalty. One is the possibility of the miscarriage of justice, that is not remote. The possibility of killing an innocent is reason enough on its own to abolish the death penalty. (Thinkquest). The other concern is that the death penalty is discriminating. Mostly criminals of weak social classes or marginal groups are sentenced to death; members of ethnic minorities, little-educated people whose familiar life is adrift, poor opponents.(Thinkquest). For all of the above reasons, if our aim as a country is to create a fairer safer world where crime is not acceptable then we have to begin by honoring life itself. We must abolish the death penalty. Bibliography www.deathpenalty.com Legal Issues

The Importance of Core Competencies to the organisation The WritePass Journal

The Importance of Core Competencies to the organisation INTRODUCTION The Importance of Core Competencies to the organisation INTRODUCTION  The Importance of Core Competencies to the organisation1. Facilitates strategy development2.   Encourages innovation 3.   Enforces recruitment and selection process Identifying Core CompetenciesLimitations of the ApproachCONCLUSIONBIBLIOGRAPHYRelated INTRODUCTION In this assignment, I will aim to evaluate this statement as it relates to the overall corporate strategy within a corporation. I will state whether managers are required to rethink their understanding of the corporation and whether this concept is still relevant today. I will illustrate my understanding of the concept by drawing on examples of different organisations. Finally, I will conclude by agreeing whether it is crucial for managers to re think their ideas of managing core competencies as it relates to the corporations they operate in both in the present and in the future. The concept of understanding corporations is based on the definition of core competencies. Prior to the 1990’s Prahalad and Hamel suggested that our understanding of corporations was defined as a collection of Strategic Business Units (SBUs). The SBU system was apparently flawed. This is because, each business unit operated independently from the corporation, with the risk of losing its corporate image. The system failed to appreciate the component parts of the corporation which delivered the corporate business strategy, in terms of resources, processes and people. There was an obvious need to radically change the concept of business management within this area. Subsequently, it led to the suggestion that corporations should function as a group of core competencies. This concept set out the framework for managers to establish and acknowledge their competencies. Core competencies can be defined as the skills and intentions which enable a corporation to leverage its resources.   Resources may either be tangible or intangible. Tangible resources, as the name suggest are those visible possession of the firm, they are categorised as land, and building equipment or machinery. Core competencies in this case, can be referred to as intangible resources which are non- visible assets of the corporation. Contrary to characteristics tangible resources they are quite difficult to acquire and recognise. This is because of the processes involved in identifying and developing them. Managers should concentrate on integrating skills throughout all aspects of the corporation. By understanding those core competencies that lead to successful growth, managers are able to formulate ways to reach and stretch these resources towards new goals as the environment changes. It is required that managers acknowledge their own competencies and align them with that of the corporation. Competencies are not only based on individual skills but rather a collection of skills across the corporation. (Fundamentals of Strategy Gerry Johnson, Kevan Scholes and Richard Whittington page 65) Mastering Strategic Management – Tim Hannagan page 13 The competency approach enables the recognition of unique and distinctive resources. Every organisation is unique in terms of its resources and this is relevant with regards to the scope and extent of its core competencies.   By evaluating a corporation’s core competencies managers are able to recognise strengths and weaknesses, using this valuable information to identify the key areas that it may build on but more importantly areas which needs improvement.   Managers can decide which skills require further development or in this global environment, what areas can be exploited outside the firm. By examining these areas an organization can correctly manage its day to day activities and if necessary eliminate the areas that are not beneficial to the set organization. (The Changing Nature of Organizations page 99)   The Importance of Core Competencies to the organisation Once managers have a clear understanding of their core competencies and design ways of leveraging them within and outside the corporation. They are able to achieve successful growth. This results in gaining a competitive edge.   Below, I will outline the interrelationship between core competencies and the definition of a corporation itself. They include: (1) Facilitates strategy development, (2) Encourages innovation and (3) Enforces recruitment and selection 1. Facilitates strategy development Unless the strategy that a corporation adopts is centred on its strengths and not its weaknesses it will never archive its set goals. The exploration and further development of any corporation core competencies is of utmost importance in strategy development. The knowledge and understanding of these provide managers the information needed to identify opportunities in the business environment and the necessary resources to take advantage of these (Strategic Intent) (Mastering Strategic Management- Tim Hannagan pg13) (Long term corporate sustainability through competitive advantage) Porter claimed in 1996, that a company can outperform rivals only if it can establish a difference that it can preserve. Only when a manager is able to identify his/her corporation strengths and core competencies can the organization create opportunities and overcome the challenges it faces from competitors. The key advantage is that, the corporation is able to differentiate themselves from their competitors, gaining a competitive edge impossible to imitate. 2.   Encourages innovation The concept of core competencies encourages companies to diversify. It is essential that managers drive the core competencies of the corporation to reach its full potential, creating effective and profitable use. Innovation is interlinked with a company’s core competency. Competencies encourage the formation of knowledge, skills and abilities. This could be further extended to motivation. Competency models dictates and evaluates ideal patterns for employee performance. Through creativity employees are encouraged to generate ideas with regards to problem solving, in turn analysing these approaches and find suitable solutions. Innovation encourages employees to constantly look for ways to improve the organisation in terms of profit generation and competitive advantage. This is carried out by gathering useful sources of information through utilising available technologies. The innovative organisation should encourage staff to use their initiative and offer rewards for their creativity. (business-strategy-innovation.com) An example might be Apple: Apple sets the standard for innovation, under the legendary leadership of Steve Jobs. The company cultivates innovation from its staff fostering new ideas and launching successful products such as iPod, iTunes, iPhone and iPad. Apple seizes opportunities in the marketplace to simulate growth by leveraging its system of employees, customers, supplies, partners and global networks. (http://creativityandinnovation.blogspot.com) 3.   Enforces recruitment and selection process Competencies are effective because they dictate behaviours required to achieve business strategy. On this assumption, the assessment of competencies is one means of selecting employees. Ideally, competencies will enable organisations to form a model of the kinds of employees it wishes to attract through recruitment. (Human Resource Management by Bratton and Gold pg 247-248) HRM (Boom and Sparrow, 1992, p.13) claimed that competency frameworks lie at the heart of all approaches in order for the objectives of the corporation to be aligned. This is achieved through various human resource activities of recruitment and selection, appraisal, training and rewards. Core competencies enhance a common understanding of effective behaviour in the workplace and provide a basis for more consistency in performance management practices. (Whiddett and Hollyforde.2003). (Human Resource Management by Bratton and Gold pg 247-248 An example might be The Virgin Group: The Virgin brand is very much unique. The most distinctive competency is that of its owner Sir Richard Branson. His leadership style and entrepreneur skill has proved an asset to the firm, which other organisations are unable to replicate. One can describe the Virgin Group recruitment and selection process highly intensive. Their systematic approach allows the selection of employees who meets specific criteria. This competency, coupled with Branson leadership skills forms intellectual and human capital which is distinctive, therefore, impossible for other firms to copy. Identifying Core Competencies Identify core competencies highlights areas of expertise and instructs managers to focus on important areas within a corporation.   With reference to the statement by Prahalad and Hamel,’ managers will be judged on their ability to identify, cultivate and exploit their core competencies.   It is acknowledged that this approach presents a degree of difficulty for managers. As a guideline manager can utilise the three conditions suggested by Prahalad and Hamel to determine core competencies. They are: (a) Potential to wide variety of markets (b) Contribute significantly to the perceived customer benefits of the end product and (c) difficult for competitors to imitate. These conditions assist managers to address the difficulties stated earlier. Once adopted will assist to identify the activities or resources which contribute to the competitive advantage of the corporation or those which are unlikely to compete with rivals. In this section, I will go on to explain further these conditions which will be fulfilled with examples of corporations where this has been the case. (a)   Potential access to a wide variety of markets The core competency must create opportunities for entrance into new industries to sustain competitive advantage and growth. An example might be TESCO: The supermarket initially started behind its rivals Sainsbury’s and ASDA in terms of market penetration, size and quality. TESCO’s corporate strategy was to establish itself as a quality entrant. This strategy has proven effective since, the supermarket sector is now dominated by Tesco.   Management adopted an evolutionary policy which created a base for expansion and a reputation for size and quality. As a result, this rejuvenated the business.   The company leveraged expansion into different markets, enabling Tesco to maintain its position as one of the world’s largest retailers. (checksure.biz) The Grocers: The Rise and Rise of Supermarket Chains by Seth, Andrew. Randall, Geoffrey. Publication: London Kogan (netlibrary.com.) (Mastering Strategic Management, Tim Hannagan pg 25) (b)   Contribute significantly to the perceived customer benefits of the end products The core competency must be perceived by customers to providing value. Customers are then willing to pay the maximum price. This provides key insights into customer’s needs and preferences An example might be Dell computers: Dell has completely re-invented the business model, the company has created a niche market through producing manufacturer-to order’ personal computers for consumers. Through internet technology, customers are able customise components of the personal computer to suit their needs and process orders online via the Dell website. The company has promised to deliver complete computer system configuration and to assemble computer system according to customer specifications.   In addition, the company has deployed online customer service representatives and online chat forums dedicated to customer concerns. (Supply Chain Strategy: The Logistics of Supply Management by Frazelle Edward. pg 277) (netlibrary.com.) Key to Dell’s strategy is its warehousing and logistics technology. The company avoids the need to anticipate stock overflow and stores finished goods in large warehouses. This reduces the need for in-house sorting. This work is done in the sorting centre. This new logistics model has enabled Dell to operate and efficient storage and delivery system with the company achieves significantly higher financial returns than their competitors. The key to success is the substitution of information for inventory and work content. (Supply Chain Strategy: The Logistics of Supply Management by Frazelle Edward. pg 278) (netlibrary.com) (c)   Difficult for competitors to imitate The core competency should create uniqueness which is distinctive to the organization.   The key here is ensuring that the competency is better than competitors which aren’t easily copied. An example might be Coca Cola: Coca Cola is the global leader of bottled beverages. The key competency lies within its brand name. It is the best known product in the world and its popularity has truly made it universal. There is a distinctive taste of the company’s products which is impossible for competitors to imitate. The company provides a powerful portfolio of beverages to its customers and consumers. This includes carbonated drinks, bottled water and packaged juices. With an increased focus on marketing the company continuously aims to extend existing brands and explore new beverage segments in different markets.   This enables the company to capture and maximise its growth.   The company focus is on innovation through advanced marketing intelligence systems. Coca Cola is able to execute and refine its channel-marketing and multi-segmentation strategies. The company is very keen to contribute to the local and global community. Coca-Cola provides sponsorships particu larly to sporting events, such as the Olympics, FIFA World Cup and UEFA European Championships.   This allows, continued recognition of the brand, key to the company’s success. www.coca-colafemsa.com Limitations of the Approach The core competency approach has proven beneficial to the managers in terms resource based management.   Below I will highlight a few disadvantages to this approach as they relate to the (a) suitability, (b) adaptability and (c) sustainability within corporations. The aim here is to provide managers with the necessary tools to undertake practical decisions which affect the performance of the corporation. (a) Suitability – This point highlights that managers should incorporate system to support resources within the corporation. Inadequacy will impact negatively on the corporation. The corporation must be capable in creating activities catered to the building and maintaining of resources.   (Building The Capability to perform by Kim Warren pg229) In addition, the three tests recommended by Prahalad and Hamel to identify core competencies in practice may prove demanding for managers. As a result, managers tend to produce an exhausted list of traits they would like the corporation efficient in. There is an obvious confusion between personal competencies and corporate ones. Corporations usually evaluate their competencies firstly, on the personal level rather than referring to generic competencies that apply to the firm as a whole. (b) Adaptability Managers fail to recognise that core competencies can be applied to every aspect of the corporation. There is a tendency to believe that it extends only to customers.   Any competency which fails to satisfy a customer’s need is deemed a liability. The resource based view states clearly that this approach is inaccurate. It is obvious, that some competencies may indirectly contribute to adding value for customers.   An example might be that of HR department, the main function includes recruiting, appraising and developing staff across many functions invisible to customers. (Competitive strategy Dynamics by Kim Warren pg230) The three tests recommended by Prahalad and Hamel to identify core competencies in practice, may prove demanding to organisations. As a result, what tends to emerge is a wish list of what the organisation would like to be good at. Part of the problem is that there is  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   confusion between personal competencies and corporate ones. Companies are usually tempted to start on the personal level when pursuing competencies. The solution is for companies to synthesize the skills of their people into generic competencies that apply to the firm as a whole. (The Changing Nature of Organizations pg99) (c) Sustainability-This addresses the issue that valuable competencies may reside only among certain people. Shockingly this may not include senior managers. The danger here is, if the people depart, so too, the competencies. A typical example already mentioned is the case of Sir Richard Branson and Virgin Atlantic.   Similarly this can be applied to Apple and Steve Jobs. The disadvantage of having this key competence is at the same time creating a barrier for imitation by your competitors but also difficulty in finding a suitable substitution. (The Changing Nature of Organizations pg 100) CONCLUSION Throughout the century our understanding of corporations has evolved dramatically. This understanding has been further influenced through the development of management theories. A primary example is that of Prahalad and Hamel. They have fuelled a radical re- thinking of the term corporation and the necessary guidelines for managers to execute their core competencies successfully. I believe that, this is the concept by which we understand corporations today. Hopefully, I have provided adequate evidence to support this concept and explained its importance for managing resources effectively within modern corporations. In addition, I have attempted to illustrate the inter-relationship between cultivating and exploiting key resources in order to establish corporation identity. I have shown this with examples of TESCO, Virgin, Dell and Apple. The fundamentals of this concept will be explored further as corporations seek to cope with external and internal pressures of the business environment. As such, managers need to be skilful and proactive in designing new and innovative ways of developing their core competencies. Again, I emphasize that managers should carefully assess the corporation and its desired goal. In doing so they are able determine the appropriate approach to build their core competencies. In this volatile business environment the future remains a mystery. By no means will this change our understanding of the corporation. The key to cultivating core competencies is ultimately gaining competitive advantage. It will be interesting to see how managers will embrace opportunities to sustain these valuable resources. BIBLIOGRAPHY Blogging Innovation (Internet) business-strategy-innovation.com/wordpress/2011/04/innovation-competency-model Accessed 25/04/2011 Creativity And Innovation Driving Business Innovation Index (Internet) http://creativityandinnovation.blogspot.com Accessed 25/04/2011 HRM (Boom and Sparrow, 1992, p.13) Supply Chain Strategy: The Logistics of Supply Management by Frazelle Edward. pg 278 Leeds Metropolitan Library online (Internet) netlibrary.com.ezproxy.leedsmet.ac.uk/Reader/   Accessed 22/04/2011 Check Sure Instant online credit check (Internet) checksure.biz/ftse_100_companies/tesco-plc.asp Accessed 22/04/2011 Mastering Strategic Management, Tim Hannagan pg 25) Human Resource Management- Theory and Practice, 4th Edition by Bratton and Gold pg 247-248 Fundamentals of Strategy Gerry Johnson, Kevan Scholes and Richard Whittington page 65 The Grocers: The Rise and Rise of Supermarket Chains by Seth, Andrew. Randall, Geoffrey. Publication: London Kogan Coca- Cola FEMSA (Internet) coca-colafemsa.com/femsa/web/conteudo_en.asp?idioma=1tipo=27617conta=44id=73211 Accessed 24/04/2011 The Financial Time guide to strategy how to create and deliver a useful strategy by Richard Koch Competitive Strategy Dynamics by Kim Warren London Business School

Tell a story of significance to your family. Tell it in scene Essay

Tell a story of significance to your family. Tell it in scene - Essay Example My grandfather chose to go with Batista, Cuba’s former president; he collaborated with the US and became an American spy. This way, he gained an asylum in America together with his family when things turned sour back in Cuba. I can still remember that day; it was a chilly Thursday in 1961. Grandpa woke everyone up unusually early, urging us to get ready as we were relocating to a safer place. When all of us were ready, I heard a rumbling sound outside our house. ‘Grandpa, what is that? Why are we dressed up?’ I had a thousand more questions to ask him. He leaned on his knee, took my arms in his and said’ my dear, do not worry. That is an American helicopter that will take us to our new home.’ The thought of flying in a helicopter calmed down my fears and uncertainties. From the helicopter, I could see the beautiful world below. My younger brother missed all this, as he was fast asleep in my grandpa’s laps. Within a short time, we landed in Miami international airport. I marveled at its size and beauty. A van already packed there was waiting to take us to our home. Everyone was excited and tired at the same time. We settled in Little Havana, which is renowned for its large population of immigrants initially Jewish, but currently hosts many Cubans. Little Havana occupies the western side of the great Miami. I loved it

Attitudes Toward Autism Essay Example | Topics and Well Written Essays - 5000 words

Attitudes Toward Autism - Essay Example The data available with the survey has made use of the one-way ANOVA test and compared the ethnicities of users with their responses to the question of whether they personally knew a person known to suffer from Autism. In this context, it is assumed that the respondents’ answers were considered with the assumption that personally knowing someone with Autism was equivalent to the presence of such suffering individuals within friends and family. The one-way ANOVA test presented the following outputs results. The purpose of the ANOVA test in this context is to identify variations over the extent to which different ethnicities are aware of the existence of Autism within their communities. The null hypothesis assumes that there is no difference amongst the various ethnic groups over the presence of Autism. However, the ANOVA analysis presents a significance value (0.000), which is less than the confidence levels of 0.05, leading to a rejection of the null hypothesis. This establishes that different ethnicities have different opinions and knowledge over the existence of Autism within their groups. The above tests still provide a significance value well below the confidence intervals ( The reason for choosing the Games Howell post-hoc test was due to fact that it does not rely on homogeneity of variance. SPSS marks significant differences with an asterisk as shown in the figure above. From the figure, it is clearly evident that the understanding of existence of Autism varies significantly amongst the different groups. Most importantly, there were significant differences observed between different groups including Afro-Caribbean &

Leading an Educational Idea Research Paper Example | Topics and Well Written Essays - 4000 words

Leading an Educational Idea - Research Paper Example This inquiry presents a literature review on how assessment informs learning, methodology used in the study and analysis of information obtained. Introduction Teachers have to administer complicated and challenging situations, harmonising the personal and communal pressures of a crowd of more learners while activating the circumstances for educational success. This process can only be achived through assessment. The question raised by the common Teacher, is therefore how does the idea of assessment fit within the context of Teaching and Learning. The process of educational assessment is an important part of instruction and learning. Established assessment activities assist teachers and learners appreciate what they have gone through, the situation they are in, and the next move. One single assessment cannot give adequate information to information and develop the teaching and learning process. Crick states that using diverse assessments as an element of teaching, provides realistic i nformation concerning learner’s development. Some of the terms that will be relevant within my inquiry are: Formative assessment This is the assessment that is ongoing and normally conducted during the teaching learning process. The instructor does teach and evaluates after teaching to find out if objectives have been achieved (Wang, 2007). Summative assessment; assessment conducted at the end of a program (Wang, 2007). Student-directed Assessment; This assessment allows students to become effective users of assessment information. Students can become proficient users of student-directed assessment strategies such as conferencing, self-assessment, peer assessment and goal setting (Wang, 2007). Assessments that straightforwardly involve learners assist them learn significant skills that they will be in a position to use as permanent learners. They become skilled at to be contemplative and approachable, to believe about their own hard work, to be productive in self- measurement and peer measurement, and to make available precise information that elaborates on the differentiation (Wang, 2007). Conferencing Conferences are more often than not short, relaxed meetings whispered with individual learners or a little group of learners and entail investigative listening, penetrating and responding. Questioning are conferences done to gather detailed information. They may require a collection of questions targeted for an exact reason or a prescribed set of on paper questions to which a learner responds in inscription. For illustration, instructors may call for information about a learner’s use of manuscript and use an official consultation or gathering to question in a straight line connected to a fastidious characteristic of the learners’ performance (Pontus and Thornton, 2008). Portfolios; A portfolio is a determined collection of learners’ work samples, learner personality -assessments and objective statements that reproduce learnersâ€℠¢ progress. Learners usually select the activities samples to identify in the portfolio; however, the instructor may also advocate that precise activities samples be incorporated. Portfolios are commanding tools that permit learners to see their educational growth from status to grade. Goal Setting; Goal setting follows of course out of personality -assessment, colleague assessment and conferences. Learners and

Employment Law in Hungary Problem Question

Employment Law in Hungary Problem Question The difficulties that Andreas and Luka face in this circumstance relate to the fact that where Treaty Articles[1] and Regulations[2] are directly applicable in national courts. Directives are only binding as to the result to be achieved, with it being necessary for the Member State to adopt the national law in such a way as to implement the Directives terms.[3] This means that whilst Andreas and Luka would have been able to rely directly on a Treaty Article or Regulations to enforce their EU rights in the Hungarian courts, they must rely on some alternative method of enforcement in respect of the Directive. It is these alternative methods of enforcement that lie at the crux of the issues here. Although the direct effect for Treaty Articles was not instant, it was developed over a period of time, and Van Gend was the first judgment to expressly state that Treaty Articles could be directly effective.[4] On the other hand, Article 288 TFEU[5] specifically says that Regulations are directly effective. This was confirmed in Leonesio [6] and held that Directives are only directly effective in respect of the aims to be achieved and that the Member States are given discretion as to how these aims are introduced into national law. On the face of it, it could be suggested that because Directives are not directly enforceable in the national courts, Member States would be able to disregard the requirements of the Directive. If as it has happened in this circumstance, it does not suit the current national requirements. This would, of course, make Directives largely irrelevant. This was the view that was taken by the European Court of Justice (ECJ) in Van Duyn v Home Office.[7] In this judgment, it would be held that, if the Directive was clear, precise and unconditional (the same requirements as exist for the direct effect of Treaty Articles and Regulations)[8], and had a direct effect on the relations between individuals and the Member States. Therefore, the Directive ought to be given direct effect in the national courts. The above position was further clarified in Pubblico Ministero v Ratti.[9] Mr. Ratti was a manufacturer of solvents in Italy, was charged failure to comply with the stricter Italian law. The ECJ made clear that the proper purpose of direct effect for Directives was to prevent a Member State from gaining an advantage by ignoring the requirements of a Directive. In essence, a Member State is estopped from denying an individuals rights based on the contents of a Directive once the period for implementing the Directive has passed. Based on the above, it seems that Andreas and Lukas position is a relatively strong one, but unfortunately, the issue is slightly more complicated. These complications are initially lie in the fact that a failure to implement a Directive into national law is entirely caused by the fault of a Member State. In Marshal,[10] it was recognized that allowing an individual to rely on the provisions of a Directive directly against another individual could have unfair results. This is because the individual expected to comply with the Directives may have no idea of its existence. On this basis, it was further held in Faccini Dori v Recreb[11] that the Directives could only have a direct effect on the Member State itself. This is known as a vertical direct effect. This is clearly a limiting factor and therefore it is essential that it is possible to identify what kind of organization fits within this requirement. The issue of identifying against whom the direct of a Directive could be relied upon was addressed in Foster v British Gas.[12]Here, it was held that an organization would be part of the Member State if it was subject to the authority or control of the State, or had powers that went beyond those that ordinarily exist between individuals. There are two separate approaches that are followed in this respect. In Sozialhifeverband,[13] it was held that private companies owned by a local authority would be considered sufficiently linked to the State purely based on the nature of their ownership. In Vassallo, [14] it was stated that the nature of the role of the organization could also impact on whether it was considered part of the State. In this case, a privately-run hospital was considered part of the State. This is because some of its activities were publicly funded and partly also because it was serving a public function. It can be seen from the above, the fact that Directives can only have a vertical direct effect will have a significant impact upon Andreas and Lukas ability to rely on the Directive. It seems probable that even though Andreass employer receives some of its funding from private contributions, the fact that it is partly funded by the State, and it will be considered to serve a public function. It will mean that it will be considered part of the State and that, Andreas will be able to rely on the provisions of the Directive directly against it. The effect of this will ensure that prior to his dismissal, Andreas will be considered to have held a permanent contract. Therefore, he will presumably be able to rely on Hungarian employment law, at the very least, attempt to assert that he should receive some compensation for his dismissal. However, Andreas will not be able to assert that the Directive means that he should not have been dismissed. This is because the only relevant purpose of th e Directive is to ensure that a permanent contract is granted after two temporary ones have elapsed. The position is very different for Luka. This is because the company for which she is working with is purely privately owned and funded. This is unlikely to be considered to serve as a public function. Therefore, she will not be able to rely on the direct effect of the Directive. However, this is not the end of the matter, because there are further possibilities that may assist her. The first of these possibilities lies in what is known as an indirect effect. In Von Colson Kamann,[15] it was held that national courts have a duty to interpret national legislation in line with EU provisions if this was possible. The approach in Von Colson Kamann[16] was quite limiting in that it only applied to national legislation that was implementing the Directive in question. This approach would not assist Luka, this is because there is no indication that the Hungarian government has taken any implementing steps at all with the regards to this Directive. The position was expanded somewhat in Marleasing[17], that to require national courts to interpret all national legislation in line with EU provisions where possible. It is not possible to comment on the impact of an indirect effect on Lukas position specifically. This is because this will entirely depend on whether there is already in existence any Hungarian legislation that could be interpreted in line with the provisions of the Directive. If this is possible, Luka will be able to rely on the existing national legislation and the Hungarian courts will be required to interpret accordingly. Clearly, if there is no relevant Hungarian legislation exists, of if the existing legislation is written in such a way that an alternative interpretation is not possible, the indirect effect will be of no assistance to Luka. The second possible solution for Luka can be found in the judgment in Francovich.[18] In this judgment, it was held that where a Member State has failed to implement a Directive and if certain other requirements are satisfied, an individual would be able to hold the Member State liable for their losses. In order for State liability to arise, three conditions must be met. Firstly, the Directive must grant rights to the individual. Secondly, it must be possible to identify these rights from the content of the Directive. Finally, there must a direct causal link between the Member States failure to implement the Directive and the loss suffered by the individual. There seems little difficulty in applying the above three conditions to Lukas position. On the fact given, it appears that the very purpose of the Directive was to grant individuals with the right to be placed on a permanent contract and the subsequent employment security that such a contract provides. It is also clear that the nature of the Directive makes its purpose clear. The position in respect of the causal link between the failure to implement the terms of the Directive and the loss sustained by Luka is an interesting one. This is because, taken at a simple level, the non-renewal of Lukas contract would not have occurred if the Directive had been properly implemented. Luka would already have been working under a permanent contract. However, the failure to implement is not necessarily the reason for Lukas loss. This is the downturn in piano manufacture and the subsequent loss of her job. In this respect, Luka may have lost her job even if she had a permanent contract. In order to address this, it would be necessary to consider the steps taken by Kende Pianos in deciding whom to dismiss. However, it seems that even if it is possible to demonstrate that Luka would have been dismissed anyway, even if she would be on a permanent contract. Therefore, on the fact that she will not receive this payment is directly caused by the failure in implementation of the Directive and Luka should be able to claim damages from the State in order to compensate for this loss. In conclusion, Andreas will be able to rely on the Directive directly in the Hungarian courts to ensure that he receives the same employment rights as an individual on a permanent contract. On the other hand, Luka will not be able to rely on the direct effect of the Directive, but she may be able to rely on its indirect effect, or she may be able to seek damages from the Hungarian State. CASES Faccini Dori v Recreb (case 91/92) [1994] ECR I-3325 Foster v British Gas (case C-188/89) [1990] ECR I-3313 Francovich and Bonifaci v Italy (joined cases C-6/90 and C-9/90) [1991] ECR I-5357 Leonesio v Italian Ministry of Agriculture (case 93/71) [1972] ECR 293 Marleasing SA v La Comercial Internacionale de Alimentacion SA (case C-106/89) [1990] ECT I-4135 Marshall v Southampton and South-West Hampshire Area Health Authority (case 152/84) [1986] ECR 723 Pubblico Ministero v Ratti (case 148/78) [1979] ECT 1629 Sozialhifeverband Rohrbach v Arbeiterkammer Oberosterreich (case C-297/03) [2005] ECR I-4305 Van Duyn v Home Office (case 41/74) [1974] ECT 1337 Van Gen en Loos v Nederlandse Administratie der Belastingen (case 26/62) [1963] ECR 1 Vassallo v Azienda Ospedaliera Ospedale San Martino di Genova e Cliniche Universitarie Convenzionate (case C-180/04) [2006] ECT I-7251 Von Colson Kamann v Land Nordrhein-Westfalen (case 14/83) [1984] ECR 1891 TREATIES Treaty of the Functioning of the European Union 2012 BOOKS Chalmers, D Davies, G Monti, G European Union Law (3rd edn Cambridge University Press 2014) Craig, P De Burca, G EU Law Text, Cases, and Materials (6th edn Oxford University Press 2015) Schutze, R European Union Law (Cambridge University Press 2015) [1] Van Gen en Loos v Nederlandse Administratie der Belastingen (case 26/62) [1963] ECR 1 [2] Treaty on the Functioning of the European Union (TFEU), Article 288 [3] Ibid [4] Van Gen (n1) [5] Treaty on the Functioning of the European Union (TFEU), Article 288 [6] Leonesio v Italian Ministry of Agriculture (case 93/71) [1972] ECR 293 [7] (case 41/74) [1974] ECT 1337 [8] The van Gend Criteria (van Gen en Loos) [9] (case 148/78) [1979] ECT 1629 [10] Marshall v Southampton and South-West Hampshire Area Health Authority (case 152/84) [1986] ECR 723 [11] (case 91/92) [1994] ECR I-3325 [12] (case C-188/89) [1990] ECR I-3313 [13] Sozialhifeverband Rohrbach v Arbeiterkammer Oberosterreich (case C-297/03) [2005] ECR I-4305 [14] Vassallo v Azienda Ospedaliera Ospedale San Martino di Genova e Cliniche Universitarie Convenzionate (case C-180/04) [2006] ECT I-7251 [15] Von Colson Kamann v Land Nordrhein-Westfalen (case 14/83) [1984] ECR 1891 [16] Ibid [17] Marleasing SA v La Comercial Internacionale de Alimentacion SA (case C-106/89) [1990] ECT I-4135 [18] Francovich and Bonifaci v Italy (joined cases C-6/90 and C-9/90) [1991] ECR I-5357

Donald Johanson :: essays research papers fc

Donald Johanson Donald Johanson was born in Chicago in 1943, the son of Swedish immigrants. His father died when he was two, and his mother moved to Hartford, Connecticut, where he developed an interest in anthropology from a neighbor who taught the subject. Although he initially studied chemistry at university, he eventually switched majors to anthropology, and worked during summers on archeological digs. He transferred to Chicago to study under F. Clark Howell for his graduate studies, doing a comprehensive study on chimpanzee dentition for his doctoral thesis. In 1970 and 1971 he visited Africa to do field work at Omo in Ethiopia. In 1972, he and some colleagues went on a short exploratory expedition evaluate the Afar Triangle region of Ethiopia. They were impressed by its promise, and planned a full-scale expedition the following year. Back in the USA, Johanson completed his Ph.D. and started a teaching position at Case Western Reserve University.(Johanson) In 1973 he discovered AL 129-1, a small but humanlike knee, and the first knee known from the hominid fossil record. The following year, Johanson and Tom Gray discovered an even more spectacular find, AL 288-1, a partial skeleton of a female australopithecine better known by its nickname of Lucy. (Farah-Karls, 21). In 1975 there was yet another major find when his team found a collection of fossils at a single site that was nicknamed the First Family. In 1976, more hominid fossils were discovered, along with stone tools, which, at 2.5 million years, were the oldest in the world. After 1976, political conditions in Ethiopia prevented further expeditions for nearly 15 years.(Johanson). Johanson, who in 1974 had become a curator at the Cleveland Museum of Natural History, now tackled the task of analyzing the fossils with the aid of Tim White, a young but highly regarded scientist who had just finished his Ph.D. Johanson had originally thought that the Hadar fossils were a mixture of Homo and Australopithecus specimens, but White eventually convinced him that all of them belonged to just one species. In 1978 they named that species Australopithecus afarensis.(Johanson). In 1981, Johanson founded the Institute of Human Origins, a non-profit research institution devoted to the study of prehistory. In 1987, the IHO was given permission to conduct an expedition to Olduvai Gorge in Tanzania, and found a partial skeleton, OH 62, which is generally attributed to Homo habilis.

B2B and B2C: Their ethical, legal, and regulatory environments Essay

The marketplace of internet commerce is rapidly expanding. Although there are wide variations within each category, internet-related businesses are usually classified as being either B2B (business-to-business), or B2C (business-to-consumer) enterprises. The economic landscape in which these companies operate is always changing. For that reason, it is all the more necessary for there to be a firm concept of the ethical, legal and regulatory responsibilities within this emerging marketplace. B2Bs and B2Cs share many of these responsibilities in common. In some cases, however, there are particular nuances of operating a B2B that may call for a different framework than is necessary for operating a B2C and vice versa. The variations between these businesses are continually widening, meaning that the particulars of the ethical, legal and regulatory frameworks will differ. The overall goal of these frameworks is the same-establishing the concept of trust. Trust is the key to establishing any reputable, successful and long lasting business. Overview B2Bs (business-to-business) are business that interconnect using the internet. In other words, they are businesses that buy and sell to each other. B2Cs are businesses that use the internet to sell to the end consumer. It may be the internet site of a well-established department store, or it may be a business that uses the internet as its only point of contact with consumers. The world of internet business is still relatively new. As it continues to grow, it will have to adapt to regulatory and legal changes. The continued emergence of variations within the E-marketplace is a challenge to those concerned with ethical and regulatory issues. Far from being on the wane, these issues are more common than ever. According to market forecasters â€Å"Security and privacy issues along with e-business regulatory issues will become more prevalent† (Warholic, 2007). Ethical environment Conduct of B2B transactions is reliant on the two-way sharing of information. As a result businesses on both ends of the transaction must make sure that information platforms are secure, and accessible only to authorized personnel. Since trust is a critical element in E-business as well as more traditional forms of business, professional codes already in existence are applicable in both areas. Unfortunately, industry-wide adherence to these codes is lacking. Companies are struggling with the wide array of issues raised by internet commerce. A recent report on the publications industry highlighted one of the many potential ethical problems of conducting business in an advertising-driven media. â€Å"†¦several respondents indicated that there was too much of a blur between editorial and advertising departments† (ASBPE, 2006). Another likely area of ethical focus for the B2B industry is highlighted by Laura Spense: â€Å"What about the facilitating of fraudulent activity? (Spense, 2002). In an environment with a multitude of partners, platforms and subsidiaries how much responsibility does a B2B company bear for the actions of its partners? In Spense’s example, a B2B bank was knowingly enabling one of its partners to conduct illegal activities overseas. Again, examples similar to this could arise in any number of industries. Ethical responsibilities for B2C companies often revolve around the protection of customers’ information. Some companies have developed software limiting customer information to only a few responsible parties. Others have not been able to resist the financial lure of information sharing or selling. This division is likely to continue until it is addressed more completely by legal and regulatory efforts. In the mean time, there is an opportunity for ethical businesses to develop strong reputations that will benefit them far into the future. Legal environment Legal concerns in E-business span a wide array of areas. There are the obvious concerns such as customer security and privacy, internet fraud and identity theft that relate most often to B2C businesses. Most case law that has been developed addresses these issues. Because these crimes are the most high profile, they are the predominant focus of the legal system. As criminals adjust to these legal efforts in any number of ways it will require a sophisticated and ongoing effort to prevent their actions. There are also possible legal issues below the surface that can be just as important. For example, the difficulty of determining the legality of electronic documents can pose issues, particularly for multinational B2B companies. What appears to be a legal document may not be admissible in court as evidence. Time differences can also result in an agreed upon document bearing one date in one country but having another effective date in another country. Because B2Bs can employ many networks and partners, it can be difficult to determine legally who bears responsibility on a particular issue. These are examples of small details, in the B2B context, that can have large legal consequences if not properly attained to. Regulatory environment The internet is still relatively unregulated. That is beginning to change in a few areas, however. Most regulation is targeted toward B2C companies, coming in the form of consumer protection measures. The government is becoming more assertive in prosecuting internet fraud, gambling, child pornography and spamming violations. It is likely that additional laws in these areas will be enacted in the coming years. The issue of taxation is also currently under debate. This is of particular concern to B2Cs, which in years past have been able to lure customers by selling their product without any sales tax. That practice has already been ended in some states. As more states become cash-strapped, this process is likely to continue. B2C firms will have to innovate in order to continue the growth of their customer base. The Uniform Commercial Code (UCC) applies to both B2B and B2C enterprises. The UCC outlines warranty, ownership and expert status issues, making some delineation between the responsibilities of B2Bs and B2Cs. For example, under the UCC, a business client is assumed to have a greater level of expertise about the transaction at hand. Therefore, statements or claims made to that client do not necessarily have to meet the same standards of reliability as statements made to an end user in a B2C transaction. The main regulatory concern in regards to B2Bs involves the prevention of monopolistic practices, including price fixing. The formation of some large B2B firms such as Covisint, a firm formed by Ford, DaimlerChrysler, and General Motors, has raised concerns about the potential domination of market share. Critics fear the emergence of monospony – a shift of pricing power from buyers to sellers (IGE, 2001). Conclusion The only thing that is certain about the internet business environment is that it will continue to change and evolve. The government will likely become a bigger factor in terms of laws and regulations, particularly within the B2C market. The B2B market, in contrast, is better able to self-regulate. Ethically both markets would be best served by anticipating potential regulatory and legal action. This has a dual purpose. It helps to establish the company as a trustworthy entity. Also it can help to head off future government interference in the market. The consequences of a lack of trust are particularly high for a B2B company, but the issue is important for any company hoping to operate profitably over the long-term.

Critique essays

Critique essays When I viewed Silver Cords I was overwhelmed by the talent I saw on stage and behind the scenes. The amount of talent and work that goes into such a masterpiece must be very time consuming and I believe spectators must have very good patients to put up with so many different views and attitudes. I am sure there were a few disagreements but on stage it looked like everyone worked together with a lot of rhythm and teamwork. I was overwhelmed with how much alike some of the plays are with myself and my parents. As I grew up I was the stubborn one of the family and what I thought was the brunt of the punishment was really just what I deserved. Even though my parents and I would disagree very often we always knew they would be there for me. A lot of what Shakespeare does puts emphasis on the family. He acknowledged the real life and fit it in with his plays. The Silver Cords in life are very similar in that no matter what it is, your parents all always there for you. Even though Shakespeares plays were done 400 years ago theyre very similar in what goes on in todays society. I believe Silver Cords in a short definition means love. The love displayed between me and my parents is a unique sense of feeling. The way everyone moved around during scene shifts and the movement of the silver cords shows the production of teamwork that is related to Shakespeare and such family ties. Another aspect I noticed which was very interesting was the costumes. The costume designer did a very good job in picking the different costumes for each scene. The consensual dressing in all black while not in the play shows some sorts of silver cords to me. Everyone sticking together and having some kind of togetherness was a good idea. When it comes to mind theres only one thing I may have done a little different. Instead of all the people not in the scene wea...

The Many Meanings of Make

The Many Meanings of Make The Many Meanings of Make The Many Meanings of Make By Maeve Maddox What began as an effort to find out if make can be a linking verb has led me to discover the multitudinous uses of this humble verb. The verb make has been around so long that its etymology is obscure. It may go back to an Indo-European word meaning â€Å"to knead,† as in making dough. Its usual use is as a transitive verb, but it can also be used as an intransitive verb and a linking verb. Its first sense is ‘to produce, construct, assemble, frame, fashion.† It has numerous figurative meanings and occurs in many English idioms. Sometime when you have about an hour to spend, look up make in the Oxford English Dictionary. Here are just a few uses: make a fire: put together materials and set them alight make a will (or other document): draw up, compose, draft make a garden (park, road): prepare a site for a garden make a scene: display unbridled emotion make a wound (mark, hole, sound): cause or inflict make a fool of one’s self: embarrass oneself make fast: secure make away with: steal or kill made of: fashioned out of, as in This coat is made of leather. made of: (of a person) possessed of certain qualities, as in Let’s see what you’re made of. made in: manufactured, as in Made in Mexico made of money: extremely wealthy Some idioms differ according to context: to make a difference: 1. make a distinction, discriminate, act or treat differently 2. change a situation to make time: 1. to schedule one’s activities in order to enable something to be accomplished 2. to be successful in sexual advances Make is a frequent word in proverbs: Haste makes waste. Light purse makes a heavy heart. Might makes right. Absence makes the heart grow fonder. All work and no play makes Jack a dull boy. Politics makes strange bedfellows. Practice makes perfect. So, did I ever find out if make can be a linking verb? According to the Oxford Learner’s Dictionaries, it can. Here are some examples given of make functioning as a linking verb: She would have made an excellent teacher. This room would make a nice office. A hundred cents make one euro. That makes the third time he’s failed his driving test. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Expressions category, check our popular posts, or choose a related post below:The Royal Order of Adjectives "Gratitude" or "Gratefulness"?40 Idioms with First

Individualism Essay Example | Topics and Well Written Essays - 1000 words

Individualism - Essay Example This means that external forces do not have the right over the desires or goals of an individual. This includes the government, institutions or the wider society. Logically, the focus of individualism is the individual. This is because the individual is the focus as people try to obtain liberation. Moreover, people have the right to realize themselves and obtain their freedom. It is also logical that individualism is closely associated with one’s lifestyle and behavior that are led by ethics and positions that are philosophical. The world idea seems to appreciate that western civilization has promoted individualism. This is because capitalism promoted individualism as every individual works towards his or her goals in life. However, some people did not seem to agree with this because capitalism did not provide employment to all people. However, people still fought until capitalism was re-introduced. Arguably, this means that even people in Russia believed that capitalism was t he best was towards achieving one’s goal. In summary, individualism focuses on an individual and allows him or her to independence, which in the idea has been enhanced through capitalism. Body Section One People have over the time argued on the connection between individualism and capitalism. Ironically, this is an ideology since individualism believes that one is above all else. However, capitalism can be argued to show individualism only from an economic point of view. This is because what one obtains economically belongs to him or her. This is unlike what communism believed in, that what one has belongs to the whole society. Moreover, individualism rose when capitalism was introduced. This is because people were allowed to do what they desire to as long as it did not negatively affect another individual. For example, one can make a decision of what to or not to sell in the market or even what to buy. This means that people were free to make their decisions without external input while in the market setting. Some of the essays also agree with the fact that capitalism contributed to individualism. However, individualism is just an illusion (Fromm 329). This means that individualism will never be fully achieved. Moreover, it presented to people a lifestyle that was categorized into classes. However, some argue that the world will be chaotic as each person seeks self or individual satisfaction. In my own experience, capitalism has given me a sense of independence. This is because while earning my money, I am in control of my life. Therefore, I can buy go, buy or do what I want since I have my financial freedom. On the other hand, I also have my goals that I work hard to attain regardless of the goals that my family and friends have set for their own lives. According to the essays, capitalism has contributed to individualism. However, each one notes that individualism is just an illusion because it does not exist wholly. This is because one cannot be a co mplete individual due to many factors that ties individual. For instance, the market may seem free, but the financial ability of an individual allows him to buy or not buy certain goods. Moreover, employees have to work in accordance to the terms set by the employees. Consequently, individualism is an illusion. Body Section Two Individualism is about a person, the self. Moreover, the individual has desires, needs and goals that are separate from other persons. Arguably, an individual looks into his or her interest , does also consider that of

Team sport economics Essay Example | Topics and Well Written Essays - 1500 words

Team sport economics - Essay Example Sports characters, occasion, and organizations influence our society in a wide, diverse and sometimes in unanticipated ways. Some of the most critical policy issues stirring sports in the contemporary world originate from an interdisciplinary overview that includes economics, history, urbanization, non-profit administration, public health communications, political science and philosophy (Mildner and Santo, 2010 p.13).This essay critically evaluates the approaches and policies incorporated by North American sports and European Sports to achieve a competitive balance through the examination of competitive balance in Philosophy and Policy1. Generally, policies and philosophies in sports enable us to comprehend and asses complicated and disputed topics in the word of sport today especially in this paper, the National Football League (NFL) and the European League. Policies and philosophy usually review affairs related to professional sports along with the outstanding natures of American and European sports. In addition they deal with matters concerning decision making, conflict resolution, cities and public finance and economics2. As part of sports’ history, policies and philosophies are the building foundations of leagues strengths and weaknesses (Bell, 1950 p.76). Moreover, when examining policies and philosophies in sports, one should consider the economic impact and consequences because they work conjointly. Policy analysts and organizations must put into consideration the extremity of the economic impact analysis in order to ensure that they base their findings and decisions on the appropriate outputs3. Particularly, this is a fundamental basic requirement as it relates to the role of the opportunity cost. (Rosentraub, 2007 p.223). For instance, one way used by American and European sports organizations to achieve a competitive balance is through the use of proposed annual payments on bonds sold to investors