Meaning of life †United Kingdom Essay

1. How does Pontiac understand the meaning of freedom? In his notion freedom meant getting rid of the English who had conquered the French and had gained more control over the Indians lands than ever. He believed they had to fight the English and pushed them out of their ancestors lands. As he said â€Å"Although you have conquered the French, you have not yet conquered us! We are not your slaves. These lake, these woods and mountains, were left to us by our ancestors. They are our inheritance; and we will part with them to none. 2. What elements of Indian life does Neolin criticize most strongly? He criticized Pontiac for using European technology, doing fur trade with the Whites, using their cloths and consuming alcohol instead of fighting against the English which he called them â€Å"the dogs who dressed red† and surrendering himself to them. He argued that he (Pontiac) should clothe himself in skins and use the bows and arrows and his tradition to fight back against their enemies. 3. How does this document relate to and inform the related part of the Chapter in the main text? This document discusses on how Pontiac started his journey to meet with Delaware religious prophet Neolin and on how Neolin guided Pontiac on how he should fight back in opposed to the English by getting back to his tradition that he inherited from his ancestors. 4. What impact did the primary source had on your understanding and beliefs? It was very interesting to see how much Indians cared about spiritual beliefs and how strong their viewpoint were when it comes to their traditional faith. Even though, the English had believed they were faithless and savages, but the truth was they were full of spiritual thoughts.

A number of factors disqualified the ‘deserted wife’s equity’ from recognition as a property right in National Provincial Bank Ltd v Ainsworth [1965] AC 1175:

Introduction I suggest you look at the developing concepts of fairness, because this is why the MHA 1967 was developed. Proprietary Estoppel for cohabitees is becoming less prevalent due to the decisions in family home trust. Thus, fairness is at the centre of the approach, except the clear provision of a proprietary interest is necessary and not merely the provision of a roof over the other’s head. This is common to Ainsworth, proprietary estoppel and the family home constructive trust. The rationale is that it would not be fair to impose a proprietary right without a proprietary intention. The case of National Provincial Bank Ltd v Ainsworth [1965] AC 1175 holds a limited approach to understanding non-occupier’s rights in property. National Provincial Bank Ltd v Ainsworth held that the common law right for the husband to provide a roof over the head of the deserted wife was merely in personam. This means selling the property to a third party will allow the husband to avoid his obligation to his deserted wife It is important to note that it predates the Matrimonial Homes Act 1967 (MHA 1967). The MHA 1967was developed to remedy the flaw in National Provincial Bank Ltd v Ainsworth, which indicates that the legislature recognised that the existing law with respect to deserted wife’s equity and its enforceability against third parties was manifestly unfair. The law on proprietary estoppel provides that the third party find their rights will be interfered with. The elements of proprietary estoppel can result in an in personam right defeating an in rem right if the following element is fulfilled: Reasonable belief that the person will have interest in property Acts reasonably in reliance Gillet v Holt This is illustrated in a number of cases that have expressed that the main factor is that there is a clear expression of a proprietary right in the property (Thorner v Major [2009] UKHL 18). The case of Walsh v Singh [2010] 1 FLR 1658 held that conduct plus detriment is not enough is not enough to allow a claim for proprietary estoppel. In addition, the case of Negus v Bahouse [2008] 1 FCR 768 held that statement to provide a roof over the individual’s head or a determination to move in is not enough to allow a claim for proprietary estoppel. The Negus v Bahouse Case is, in part, applies the same formulaic approach, as The implication is that there has to be a clear expression of a proprietary right, in order for proprietary estoppel to be used. There are a series of cases on the constructive family home trust, which may change the goal posts on what an expression of a proprietary right when it comes to a spousal/partner interest. These cases are Oxley v Hiscock [2004] EWCA Civ 546, which identified that in family relationship there is an obligation to ensure that there is fairness in the rights of a non-property owning spouse/partner. In these cases the use of the constructive trust would be better for the family member who has relied on a property right inferred by the property owning spouse/partner ( The â€Å"deserted wife† (partner) has to show that she â€Å"has any interest in it [the property] at all† (Stack v Dowden at 56). This means the intention is imputed through the relationship (i.e. relationship plus contribution = share in the property). Thus, both proprietary estoppel and the family home constructive trust has move away from the in personam right not trumping an in rem right. However, for this to work there has to be a clear expression of a proprietary interest and not merely providing a roof over the individual’s head (Negus v Bahouse cf. National Provincial Bank Ltd v Ainsworth for similarity). The impact of the fairness rulings in Oxley v Hiscock. Stock v Dowden and Jones v Kernott may change the mere expression argument if the nature of the relationship imputes an assumption of a proprietary right. Thus, potentially the obligation to provide a roof over the head of the other party is sufficient. Additional References to Consider on top of Proprietary Estoppel: Baroness Deech, ‘Cohabitation’ [2010] Family Law 39 Fretwell, K â€Å"Fairness is what justice really is: Kernott v Jones in the Supreme Court† (2011) Family Law 41(7) Hayward, AP â€Å"Family Property and the Process of Familialization of Property Law† (2012) Child and Family Law Quarterly 24(3) McGhee, M â€Å"Shifting the Scales of Social Justice in the Cohabitation Context: The Juridical Basis for the Varying of interests in Residential Property† (2012) Oxford University Law Journal 1(19) Mee, J â€Å"Burns v Burns: The Villain of the Piece?† in Probert, R, Herring, J and Gilmore, S Landmark Cases in Family Law (Hart, 2011) Mee, J â€Å"Ambulation, Severance and the Common Intention Constructive Trust† (2012) Law Quarterly Review 128(500) Miles, J â€Å"Charman v Charman (No 4) [2007] EWCA Civ 503 – making sense of need compensation and equal sharing after Millar: MacFarlane† (2008) Child and Family Law Quarterly 20(376) Pawlowski, M â€Å"Joint ownership and the family home† (2011) Property Law Review, 1(68) Probert, R â€Å"Cohabitation: Current Legal Solutions† (2009) Current Legal Problems 62(1) Probert, R â€Å"Cohabitation in Twentieth Century England and Wales† (2004) Law and Policy 26(1) Smithdale, J â€Å"Inference, Imputation, or BothConfusion Persists over Beneficial Interests in the Family Home† (2011) CSLR 74, p 79

Challenges Facing the Field of Organizational Change Management

In the modern day business world, organizations are facing more changes than it has been witnessed ever before. One of the factors that have brought about the rapid change is globalization that has led to an increase in today’s market’s growth and revenue increase. Organizational change management is a field that gives guidelines for preparation, equipping and supporting individuals to be successful in adopting change with the view of driving organizational success and outcomes. However most of the changes and individuals are unique, research has proven that some actions can be taken to influence affected people in their transitions. It is a discipline that provides a structured approach of how individuals can be supported in their organization to be able to successfully transit from their current status to that if the future  (Dyer, 2017). Most precisely, organizational change management is a framework that is aimed at managing the effect of new business processes ch anges in the structure of an organization or enterprise cultural changes. While there are laid approaches towards change management, there also exist several challenges in the same field  (Buchanan, 2014). The primary aim of this paper is to explore the challenges facing the organizational change management field. The exploration will involve a literature review in the challenges facing the field of organizational change management followed by a critique of the same. Different authors have taken an interest in the subject of organizational change management, probably because it is a critical subject that determines how organizations are likely to adapt to changes in their organizations. According to different schools of thought, various challenges are associated in the field. However different authors take different angles in analyzing the challenges, their arguments seem to have a common focal point. According to one school of thought, organizations either change or remain the same. According to the author, one of the challenges in the field of organizational change management is resistance to change. The author argues that people are status quo biased and that they are willing to get low pay struggling to get into a stable organization  (Gioia, 2016). He further argues that resistance to change usually has political motives and that people tend to resist changes whose origin is political adversaries. He argues that people may resist a change directly either through political influence or indirectly through passive aggressive behavior. According to the author, another challenge is an unknown current state. He says that it would be difficult for an architect to repair a building without first looking at the existing blueprints. He claims that most of the organizations often try to change without having a glimpse at their blueprints, something that fuels the complexity of the building’s architecture. This blind move makes it difficult to transition to a future state  (Lewis, 2017). Another challenge is integration. The author likens managing a large organization to repairing an aircraft while it's still on the flight. He says that change is a moving target and therefore implementing a process will change the business processes it supports. He further argues that changing n organizational structure will lead to employee turnover occurring in parallel. He concludes by saying that long-running changes with many integration points are usually prone to failure. Another challenge according to this author is competitive forces. He says that in most of the times organizational change is influenced by external forces such as competition, technological change, market conditions, external threats and economic forces. Organizations may plan to change to respond to external threats. He argues that however if a competitor releases a product that is many years ahead of your product chances are there that you are driven to an extreme pace of change whose likelihood of failure is too high  (De Massis, 2018). According to the same author, another challenge in the organizational change management field is complexity. He says that when organizations develop more complex systems, processes and product change become very challenging to make and therefore complexity of a change is a big barrier. He argues that complex changes need an effective and efficient project, quality, knowledge, risk and change management. He concludes by giving a change management principle that says that one should never tackle a change which is too complex for his organization to manage. According to another school of thought, one of the challenges facing organizational change management is planning. The author argues that without stepwise planning an organizational change would bring about more problems than the benefits it is anticipated to bring. He argues that you need to precisely need to know which changes are to take place and how they’ll occur. Overall, the author advises prior planning of how the change will be executed. According to the same author, another challenge is lack of consensus  (Ololube, 2017). He argues that failing to involve everyone in the corporate changes will lead to increased barriers to the change execution. He advises that a decision to make corporate changes should originate from the top organizational level. He also says that the associated management level staff should be present to be in a position to deal with the challenges otherwise the staff will dissent. Another challenge according to the same author is failing communication. He argues that failing to communicate to all employees in the organization beforoe the change brings about fear and rumors in the entire organization especially if facing major changes such as downsizing or emergence. Communication failure brings about the uncertainty that makes the employees feel that they are not part of the decision  (Pettigrew, 2016). He advises involvement of employees and updating them regarding the plans and progress towards the implementation of the change. Another challenge is employee resistance. He argues that sometimes employees resist change especially when they had become comfortable with the way their organization runs. It is because they have been used to what is expected of them in the organization. He argues that some major changes disrupt the familiarity of the employees thereby making them upset. In this case, the employees are not willing to relearn their jobs or change th e way they used to undertake their duties. That becomes an enorbigmous challenge. He concludes by advising that provision of training for any new responsibilities as well as supporting then will ease the transition. Now, according to another school of thought, one of these challenges is lack of employee involvement. He argues that that is the main and common barrier to effective change management  (Senge, 2015). He argues that most of the employees have a fear towards change and that there is the likelihood that even the most loyal employees would resist the change if they were not involved. He further argues that failing to involve employees in the change execution process lead to fear of the unknown and the lack of desire to support the change which eventually becomes very challenging  (Grosser, 2015). According to the same author, another challenge is lack of effective communication strategy. He argues that in some organizations when some of the top leaders announce a change and assume that people will automatically adjust to the new change which is not the case  (Meyer, 2015). The author argues that this approach is the silliest way to introduce a change and therefore it usually leads to change resistance. He says that employees need to know how the change will affect them as well as how they will be able to adapt it. Another challenge according to this school of thought is bad culture shift planning. The author argues that sometimes the planning team lacks the idea that the change will affect the people. He claims that in most of the times the team concentrates on planning the administrative structure, job responsibilities and work reporting structure ignoring decisions regarding feelings and intuitions. By so doing, that becomes a challenge to change management  (Kiefer, 2014). Another challenge according to this author is an unknown current state. He says that many organizations tend to introduce and to implement a change without assessing and understanding their current blueprint. He suggests that this can be overcome through a full understanding of the current corporate's blueprint before formulating or implementing any change. Another challenge is organizational complexity. He argues that sometimes organizations start developing complex processes, something that makes the process of planning and implementing a change very challenging  (Stensaker, 2015). He argues that these complexities include complex products, processes, and systems which act as change barriers because they are difficult for the organization members to understand. He suggests a solution that an organization can counter this barrier by making use of a quality, diligent and effective change management approach  (Tushman, 2016). He says that it is wise not to tackle a change that is too complex for an organization. He also advises that it is not wise to implement complex changes if the organization does not have the maturity to handle the complex change. According to the literature review conducted above concerning the challenges facing the organizational change management field, it has been evident that different authors have different approaches to the same subject as well as different thoughts and ideas. However, at some point, their arguments have the same baseline. In considering the first author, his arguments are precisely true, and much evidence has been garnered to support the arguments. As seen in the above literature review, the author has come up with the challenges that are facing organizations in the contemporary world. It seems that the author conducted enough research to know what the modern day organizations are facing  (Kuipers, 2015). The explanations provided by the author are valid and convincing. Taking an example, the author said that one of the challenges facing organizational change management is resistance to change. He began by hinting that people are status quo biased and went ahead to prove the same by showing that they can easily opt to get a lower pay to get into a stable organization rather than getting a higher pay in a changing organization. He goes ahead and provides the reason as to why people may resist change and finally illustrates how they resist the change. That is a sure indication of enough pre-conducted research on the study topic. However the author has strong points, he is too brief. The author is dedicated to tackling key points rather than giving full explanations, and this is one of the drawbacks of his piece. According to his principle on complexity barrier, organizations should not tackle complex changes  (Buck, 2015). This principle, however workable, is a discouragement to organizations as it drives that view that some impossibilities in change management are beyond solution  (Kiel, 2014). That is not true, in the business world, every problem has a solution, and therefore the author should have given a solution to the problem rather than arguing for not giving it a trial. The second author has taken the topic at a different angle. He has looked at the challenges of organizational change management from the employee’s point of view rather than the organizational point of view. He has looked at the factors that may make the employees unwilling to adjust to the change such as poor planning, poor communication as well as lack of consensus. The arguments are true and have enough explanations. The author has in fact taken time to deeply explain his arguments so that they can be easily understood. The challenges given by the author apply to organizations in the modern day business world and thus helpful. While his arguments are true and practical, the author should not have looked at the challenges in the employees’ point of view only  (Cameron, 2015). The author should also have looked at the same in the organization perspective such as competitive forces, an unknown current state among others. That would have been more helpful. The third author has not done any research concerning the subject. His arguments are just a copy cut of the first author’s arguments. As seen from the literature review, the same challenges given by the first author are the same challenges given by the third author. The author lacks originality and distortion of initial message in the zeal of attaining uniqueness is evident. His arguments are weak with the usage of offensive words such as â€Å"the silliest approach.† Overall, the author has not introduced anything new on the subject. Change is indisputably one of the hardest things to adapt. This fact poses a major threat to companies wishing to change their structure, systems or operations with the fear that the affected stakeholders may not be willing to accept the change. Many authors have given several challenges, but the bottom line is that employees will hardly accept and adopt changes. However, there is an opportunity to provide solutions for these challenges by proper planning and involving all the affected members. Therefore, organizations should not be afraid of making major changes especially if they bring positive impacts to the company. Buchanan, D., 2014. No going back: A review of the literature on sustaining organizational change. International Journal of Management Reviews, 4(8), pp.43-69. Buck, T., 2015. Long-term orientation and international joint venture strategies in modern China. International Business Review, 6(89), pp.58-64. Cameron, E., 2015. Making sense of change management. A complete guide to the models, tools, and techniques of organizational change, 5(7), pp.76-90. De Massis, A., 2018. Counterpoint: How heterogeneity among family firms influences organizational change. Journal of Change Management, 4(9), pp.78-98. Dyer, L., 2017. Studying human resource strategy: An approach and an agenda. Industrial Relations. A Journal of Economy and Society, 45(8), pp.55-78. Gioia, D., 2016. Identity, image, and issue interpretation: Sensemaking during a strategic change in academia. Administrative science quarterly, 59(8), pp.65-84. Grosser, T., 2015. Employee Perceptions of Network Change Following an Organizational Change. In Academy of Management Proceedings. Academy of Management Briarcliff Manor, 5(8), pp.63-85. Kiefer, T., 2014. Feeling bad: Antecedents and consequences of negative emotions in ongoing change. Journal of Organizational Behavior, 4(8), pp.68-75. Kiel, L., 2014. Managing chaos and complexity in government. A new paradigm for managing change, innovation, and organizational renewal, 5(7), pp.65-78. Kuipers, B., 2015. The management of change in public organizations: A literature review. Public administration, 5(7), pp.67-87. Lewis, S., 2017. Appreciative inquiry for change management. Using AI to facilitate organizational development, 4(76), pp.56-89. Meyer, J., 2015. Employee commitment and support for an organizational change: Test of the three?component model in two cultures. Journal of Occupational and Organizational Psychology, 6(8), pp.53-84. Ololube, N., 2017. Organizational Change Management: Perceptions, Attitude, Application, and Change Management Practices in Nigerian Universities. International Journal of Applied Management Sciences and Engineering, 5(8), pp.5-10. Pettigrew, A., 2016. Studying organizational change and development: Challenges for future research. Academy of management journal, 4(7), pp.57-87. Senge, P., 2015. The dance of change. The challenges to sustaining momentum in learning organizations, 8(45), pp.12-22. Stensaker, I., 2015. Change management choices and trajectories in a multidivisional firm. British Journal of Management, 9(6), pp.61-87. Tushman, M., 2016. Ambidextrous organizations: Managing evolutionary and revolutionary change. California management review, 6(8), pp.56-85.

Answer the three question separately Assignment Example | Topics and Well Written Essays - 500 words

Answer the three question separately - Assignment Example The people have the ultimate voice in choosing the source of government authority, which drives its right to govern from their consent. The people have their freedom of speech with the government and know their rights. The most important key that the opposition plays is also to push the government to set a balance wage, to all employees within the country. To ensure that the society is democratic, the primary values of constitutional democracy have to mirror human dignity, freedom of individuals, and the worth of every person within the society. To begin with challenging the ideas that the only proper criterion, in which a decision would be judged. Therefore, this right should be complete to life aspects such as employment rights, social rights, health care, the economy, and education. Every, individual including children, young people, and both women and men of older age have their rights. Additionally, democracy creates a further income of sources within the counties to ensure that every resource is protected. This may include cash crops, or any resources that may bring funds in the society, whether in rural or urban areas. However, the most important component of constitutional democracy is its highest purpose in securing freedom, which has the highest value in healthy functioning of a country. This is necessary since every individ ual working late hour while running a business or any companies that operate in the night requires the freedom to operate. Democracy gives good protection of people’s properties to the security of the government. However, constitution laws do not rely on one side of politics or any other political parties. The Constitution allows judges to rule according to the constitution rights of the human. Hence, if the court fails to rule on their complaints with constitutional rights, they would be able to protest

A study on International Relations (IR) Essay Example | Topics and Well Written Essays - 2500 words

A study on International Relations (IR) - Essay Example It is therefore natural that the Ukrainian Crises has significant impact in international business as pro-Russian and pro-European forces clash inside the country. This essay makes an analysis of the implication of the Ukrainian Crisis on international business while appreciating the fact that the crisis has ceased being an internal matter to one pitting Russia on one hand and most of European countries and the United States on the other. The beginning of the Ukrainian Crisis was greatly influenced by the events leading to the ouster from power of Russian-backed President Viktor Yanukovych. President Viktor Yanukovych was removed from power following widespread protests against his decision to suspend the EU–Ukraine Association Agreement in favour developing closer ties with Russia (Yakovenko, 2014; Fisher, 2014). Pro-Russian separatists in Donetsk and Luhansk were also emboldened by the annexation of the Ukrainian peninsula of Crimea by Russia. The decision by Viktor Yanukovych not to a trade deal with the European Union was seen by many pro-European Ukrainians as propagating the interests of Russia instead of promoting policies positive outcomes for the people of Ukraine. Russia reacted to these assertions by providing financial incentives, which included offering 50 percent price reduction on natural gas in addition to 15 billion dollars as financial aid package for the economically weak country. Following Viktor Yanukovych’s removal from office, and replacement with Arseniy Yatsenyuk who is a pro-Western technocrat, there was an escalation of tension between Russia and Ukraine. Russia reacted to the ouster of its ally by declaring it an illegal revolution followed by deployment of its troops into Crimea to take control of military facilities and ports. The annexation of Crimea following a referendum in favour of self-determination led to more

Marketing and Trasforming Business in Porcini's Company Case Study

Marketing and Trasforming Business in Porcini's Company - Case Study Example The company has also suffered stiff competition from Unos, Bertucci’s, and Buca di Beppo which try to offer the same products Porcini offers. This paper will, therefore, explore the marketing strategies that the company lacks in relation to customer focus and the 4P, Market target and expansion, and competition so as to be on the competitive advantage. The company has difficulties in choosing the right option for restaurant expansion to either undertake franchising or syndication. Ordinarily, the majority of the restaurant chains are considering new franchise agreements in their main avenue for growth where Porcini is not an exception.However, the restaurant has limited capital from restaurant-level operations to system-wide marketing and brand building. It should be noted that when the restaurant has no capital, it will be unwise for the business to go for a loan for expanding the business. This is because it will take time for the business to stabilize. Therefore, the cost of construction and leasing is normally shifted to franchisees which would likely bring outlets into operation more rapidly. This leads to expansion of the company. The restaurant is not vast with enforcing franchise standards. Normally, the franchise has a 20-year term with renewal at the franchisor’s option a 5% to 6% royalty on gross revenues and an upfront fee during franchising.Additionally, each franchisee is usually accountable for his own financing and this saves the finances of the company. Some franchisors often handle all expansion, including feasibility studies, market analysis, site selection, and construction themselves. Porcini does not have a construction department and this makes it hard for the company to avoid franchising. Therefore this is the best option for the company for it will increase the company profitability On the other hand, in syndication, the chain identifies purchases a number of sites, builds and furnishes a facility on each, then sells the  portfolio of properties to an investor group thereby recouping and recycling its capital.  

Material Science Research Paper Example | Topics and Well Written Essays - 500 words

Material Science - Research Paper Example The first group encompasses materials with reduced dimensions in the form of nanometer-sized constituent part, thin wires or thin films. The second group includes materials in which the nanometer-sized microstructure is restricted to a thin external region of a bulk material. PVD, CVD, ion embedding and laser beam treatments are the usually used processes to change the chemical structure or atomic structure of solid planes on a nanometer scale. The third groups of bulk solids are with a nanometer-scale microstructure. Materials with a nanometer-dimensional microstructure are named Nanostructured Materials (NsM) (Gleiter). The fusion, classification and meting out of such NsM are developing and fast rising arena denoted as nanotechnology (Grossard).Since the material goods of solids rest on the dimension, atomic structure and chemical configuration, NsM show fresh properties due to many effects. Dimensional effects result if the typical dimension of the structuring blocks of the micro structure is abridged to the point wherever critical length scales of physical phenomena develop analogous.Variation of the dimension of a NsM contains of thin needle-shaped crystallites, simply two or one aspect of the building blocks come to be analogous with the length scale of a physical phenomenon. In these circumstances the NsM come to be a two or one-dimensional system pertaining to this phenomenon. The second case of nanostructured alloys outcomes if the crystallites of a NsM have dissimilar chemical compositions.

Poem Assignment Analysis or Character Example | Topics and Well Written Essays - 1000 words

Poem Analysis or Character - Assignment Example He yearns for the freedom of his earlier life. His lust for wandering is not yet over and he wants to roam the world with his old mariners. Although he is now back in his own kingdom with his wife and son he is still feeling restless and depressed. The poem brings out the agony of his heart as well as his indomitable spirit.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The contentment of domestic life is not for a man like Ulysses who is a traveler at heart and by soul. He misses his eventful past life and regrets that he has to now â€Å"mete and dole/Unequal laws unto a savage race,† (Tennyson, 1090, line3). Ulysses’ age is not a barrier to him. His soul still yearns for fresh adventures -â€Å"Come, my friends,/  Tis not too late to seek a newer world.† (Tennyson, 1091, line56) Some of the lines in this poem are enjambed. This means that the sentences often end in the middle rather than the end of the lines. Also the thought expressed in the line does not end with the li ne break-up -  Ã¢â‚¬Å"I cannot rest from travel: I will drink  / Life to the lees: all times I have enjoyed† (Tennyson, 1090, line6) Here the poet expresses different thoughts in different sections of the poem. Initially we see legendary warrior who has returned home and finds the daily routine of life boring and mundane. His yearning for fresh adventures comes through in nearly every line. His aged wife gets mentioned only in two lines of the poem. Likewise he does not seem to have any attachment towards the subjects he governs. His attention is focused only on traveling with his old companions in search of fresh adventures.     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ulysses thinks his son Telemachus shall be a prudent king. Telemachus will inherit the throne from his father and govern Ithaca. As for himself Ulysses only wants to venture out in search of a new world- â€Å"Come, my friends/Tis not too late to seek a newer world.† (Tennyson, 1091, line57) Ulysses is we ll aware of the risks involved but this does not deter him. Neither old age nor the fear of death frightens this old warrior. Instead he exhorts his mariners to come with him on one last voyage. This poem also makes a statement about defying death and old age. Although death is inevitable we should not allow the fear of death to stop us from reaching our goal. A man should have the courage to live for the moment. Thus we might say this poem is an allegory about mortality. This idea is expressed vividly in the following lines:-   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å" We are not now that strength which in the old days     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Moved earth and heaven; that which we are, we are,     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  One equal-temper of heroic he arts,     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Made weak by time and fate, but strong in will     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  To strive, to seek, to find, and not to yield.† (Tennyson, 1091, line66) Thus the feelings of the poet are similar to the sentiments expressed by Ulysses when he tells his men â€Å"To strive, to seek, to find, and not to yield.† (Tennyson, 1091, line70) It is the indomitable courage of Ulysses that appeals to the poet and which finds expression in this poem. It is this fearlessness, which is an integral part of Ulysses’s character. The Ulysses we find in this poem cannot be called a perfect hero. There are several flaws in his character. Perhaps these imperfections make him more

Hiphop Essay Example | Topics and Well Written Essays - 750 words

Hiphop - Essay Example It discusses the impact of Hip-hop across the globe and its commercialization. (Kun, 581), as outlined by Flores (1), besides hip-hop being successful in the United States; it is used all over the world. It is becoming a creative and positive economic impact across the globe. Since the time in memorial, Hip-hop has always been seen as a voice of the blacks. Nevertheless, this phrase has earned criticisms based on the fact of its commercialization and globalization. Hip-hop is, therefore, not the voice of just the blacks, but for every person across the planet. The users and those that produce hip-hop music have grown beyond the black community. According to Flores (1), (Mos def, 1999) noticed the growth of hip-hop and invented a phrase that stated, hip-hop is everybody. This was used to mean that hip-hop music is for everybody who takes part in it or in developing its culture, regardless of their status, origin and race. In the present day commercials, hip-hop represents various organizations and products. Upon intensive analysis of the origin of hip-hop and its growth in both commercials and globally, it is proven that Mos Def was right in his album, â€Å"Fear Not.†In the album, he indicated that the hip-hop reached beyond the black community. The origin of hip-hop can be traced back to the 1970’s in South Bronx. This is during the time when the Cross-Bronx expressway took the place of several families belonging to the blacks and the Hispanic families. During this time, many whites ran away from the site. Other projects also made the marginalized people relocate to South Bronx. The youth of the families that relocated began looking of ways of putting their creative and aggressive features into practice. That is how hip-hop came to be, giving the marginalized youngsters a belonging and support. They began deejaying; rapping, break dancing, and graffiti producing. Hip-hop uses the mentorship of other

The Color of Water Essay Example for Free

The Color of Water Essay The Color of Water by James McBride was a story about a young boy trying to figure out his racial identity but his mother would not talk about her past or what race she was. All James knew was that she was white living in a black power neighborhood and that fact terrified him. He thought that to grow up he had to know his racial identity but through all the trouble and hard times he went through he learned that his race did not matter. It was his education that was the most important. Ruth attitude about her race effected James through his childhood and as a young adult, she negatively affected his racial development, and Ruth eventually clears up his questions that he has been dying to get answers from. Ruth McBride’s attitude toward her own race affected her son, James McBride, as both a child and as a young adult. Ruth mainly looked down on her race because of her father. All he care about was money and the store, he did not care about his own wife or family. He also molested Ruth when she was a young girl. When James was a young boy he always questioned her about race. He wanted to know if he was black or white and he also asked what color Jesus was. James mother would not completely answer his question. She responded saying that James was a human and education was all that mattered, and that Jesus was the color of water. As a kid, James knew that his mother was white, and that terrified him. He knew that a white lady living in a black neighborhood, also with black kids, was living in danger. James really realized his mother’s danger when Ruth and James were walking home and a man came up and stole Ruth’s purse. James figured out how strong and brave or crazy his mother was when she did not fight the theft back and all she told James was that it was just a purse and it did not matter. When James grew up, he thought that Ruth was going crazy, and he didn’t respect her like he did in the past. If James would have known about his mother’s past, it wouldn’t have change much. He might have been more apologetic for her but that would be about it. Ruth’s impact on James’s racial development is negative, but she had good intentions. James never knows what his racial background is and that bothers him throughout his life. If he would have known what his mother’s background was maybe then he would understand himself in his eyes, but it does not take your race to figure out yourself, it takes learning who you are on the inside. Ruth was trying to make it a positive impact on his racial development. Ruth knew that race did not matter, it was about what was on the inside of the person, but James did not understand that concept. Race never concerned him by saying he was not going to associate himself with a person because of their background but he want to know about their race, and Ruth had no cares about their race, which is a better way to go at it. Ruth offers James confusion as he grapples with his racial identity as a younger boy, but she offers him clarity as a young adult. When James was young, Ruth would answer any of her questions and that bothered him but he knew not to push her to her limit or he would get the belt. He does not know what half of his race is, he know he was black from his father but knew nothing about his mother’s race. Ruth was not ashamed to be a Jew, but she did not support Judaism because of her father, Tateh. She was not hiding the fact that she was a Jew from James but she did not want to think about everything that she ran away from when she left Suffolk, Virginia and her family, more importantly her mother, Hudis Shilksy. When James turns into the young adult he finds out that knowing your race does not help you in life like a good education does. Even though he has learned this Ruth starts to explain his questions about race to him. In the story The Color of Water, James has unanswered questions as a child. At the end of the book James learns about Ruth’s race and he finds out his racial identity. James also finds out God’s color, He is the color of water and water is neither, black or white. Ruth had harmful memories when she was a Jew because of her father and when he might her first husband, Dennis, she changed her faith and found happiness. Ruth’s race affected Ruth which later on affected her son James negatively. Her angry about her past led to James’s confusion about his own racial identity, but later on got all his questions answered.

Conflicts in Frankenstein

Conflicts in Frankenstein The evident conflict is present throughout Mary Shelleys Frankenstein. Conflict, suspense and an elevating climax are three major components to a well-written novel. The components of conflict in a novel continually advance the plot and must always affect the main character in a way that portrays through the other characters in the novel as well. In Mary Shelleys Frankenstein, the components of conflict, suspense and climax are all demonstrated in a way that shows throughout the main character as well as the other characters in the novel. External and internal conflicts are both present in Victor Frankenstein from beginning to end. In the beginning of the novel, Victors mother dies, thus Victors coping mechanism consists of him becoming captivated by the thought of death, or rather driven by re-creating life using dead corpses. He then proceeds to create his own monster hoping to be the first man to re-create life. The monster turns out to be very unattractive and Victor decides to shun it and deprive it from the love and care it would need creating further conflict upon himself and his family. à ¢Ã¢â€š ¬Ã‚ ¦I thought that if I could bestow animation upon lifeless matter, I might in process of time (although I now found it impossible) renew life where death had apparently devoted the body to corruption. (Shelley 39) In this quote, Victor is stating that he is aware that this creature will be complete malice because his death has devoted the body to corruption yet, he doubts his creation for a similar reason. As a res ult of Victors neglect towards his monster, the monster becomes out of control and creates more conflict when he murders Victors younger brother William. If Victor hadnt neglected his creation, this intricate conflict wouldnt have been created. To add onto this conflict, Frankensteins monster inquires Frankenstein about making him a female companion who is equally unattractive so he does not have to continue to live in solitude and self-hatred. After refusing to do so in the beginning, Victor Frankenstein reluctantly agrees to this. After he has almost completed his monsters female companion, he realizes the future consequences of his current actions and destroys the female monster directly in front of his other monster. His monster becomes outraged and swears to Victor that he will be present on his wedding night, creating foreshadowing and suspense in the novel. The destroying of the female monster foreshadows what will end up happening on Victor Frankensteins wedding night, which we as readers assumed would mean Elizabeths death but Victor assumed as his own. This creates suspense in the novel because the readers now have to find out whether Frankenstein realizes this on time or if Elizabeth ends up dying a horrendous death. Mystery and suspense are built in well from the first page of the novel. The introduction of the external narrator using Waltons letters to his sister makes the reader feel like a spectator watching the story unfold from the outside. We, as the readers, do not experience the main characters point of view. Alternatively, we have the main character telling us what is happening. The use of numerous views from different characters gives us a perfect amount of information to create suspense as well. When we read the sections of the story from Victors point of view, we know that the monster has been created, but then we are l eft wondering where the monster has gone. When the novel switches to the monsters point of view, we comprehend his motives but we never know how he will handle the situations. We, as readers, do not know whether the monster will try to get his revenge or not. Another clever device used to enhance suspense is pathetic fallacy. In the beginning of Chapter 5, Shelley describes the setting as a à ¢Ã¢â€š ¬Ã‚ ¦dreary night [in] Novemberà ¢Ã¢â€š ¬Ã‚ ¦ (Shelley 42) which foreshadows dark upcoming events. The climax is the most important part of the novel seeing that it draws the readers attention to continue reading. The climax of Frankenstein occurs when the monster is first created. When this happens, Victor Frankenstein becomes aware of the mistake he made when making his monster. Near the end of the novel, there is a second climax when Victor is prepared to fight the monster on his wedding night, but the monster ends up brutally murdering Elizabeth. In the beginning of the novel, the climax is set in the Arctic. The setting is important to the climax because it portrays loneliness from the monsters first breath. The creature feels abandoned and isolated throughout his whole life. Another character that was affected by death and loneliness was Justine, whose father died leaving her to live with her mother, who did not treat her well. A parent who does not express their love towards their child is not a parent. This leaves the child as an orphan. Overall, Mary Shelley portrayed internal and external conflict, suspense and climax exceptionally throughout her novel Frankenstein. This novel puts the reader through many different perspectives to help us feel the emotion and struggle that every character had to deal with. The extent to which she portrays Victor Frankensteins conflict not only through Victor himself, but through every character in the novel aids us as readers to realize that the connection of conflict between characters is what makes a good novel. In the end, Mary Shelleys main theme of science makes the reader recognize the populations terror of scientific advancement. She portrays it through Frankenstein and shows that science may well be what will destroy mankind.

Publication of Charlotte Bronte’s Shirley :: Essays Papeers

Publication of Charlotte Bronte’s Shirley Background on Charlotte Bronte Maria Brandwell Bronte gave birth to Charlotte, her third child out of six within the span of seven years, on April 12, 1816 in Bradford, Yorkshire. Charlotte began her schooling at the Clergy Daughter’s School on August 10, 1824, but due to harsh conditions at the school she returned after only one year. Upon returning home she was schooled by her aunt, and then attended Roe Head in 1831. Charlotte struggled finding an occupation that she enjoyed. She became a teacher at Roe Head, but she hated the way it was run and left shortly thereafter. She also tried to be a governess twice, but due to her shy nature and the fact that she missed her sisters so dearly, she returned home. Charlotte’s thirst for knowledge took her to Brussels with her sister Emily, where she learned French, German, and management skills. After Charlotte’s trip to Brussels, she had a streak of bad luck. In 1844 she attempted to open her own school, but failed. She then wrote a collection of poems with her sisters entitled Poems by Currer, Ellis, and Acton, but only sold two copies. She then decided to write her own novel, The Professor in 1846, but could not get it published. She attempted six different times, but no one would publish her book. Charlotte Bronte obtained her fame in 1874 when she published her first novel, Jane Eyre, which was an immediate success. Bronte did not want to use her real name, so at this time she called herself Currer Bell. Following Jane Eyre, Bronte wrote Shirley in 1848, but her second novel did not go over well with the public. In 1853, Bronte wrote Villette as a third novel, which was another success for her. Charlotte Bronte’s life began to take a turn for the better. She got married in 1854 to Arthur Bell Nicholls, who was her father’s curate. Unfortunately, she died on March 31, 1855, just a year after her marriage to Nicholls. She died from a digestive tract infection, and her unborn child died with her. It was said that she contracted this disease from her servant, Toby. Although Charlotte Bronte faced many setbacks throughout her life, she will forever remain an outstanding Victorian novelist because of her talented writing style.

Fascism - Alternative Approach Essay -- essays research papers

Fascism. The name of this movement alone provokes thoughts of hate, racism and evil throughout all modern western civilizations. Never before has one word created such a cultural taboo for nearly two generations. As a people, we immediately think of Fascism as Hitler’s methodical destruction of nearly six million Jews during World War II, but as a movement, there is so much more to be learned. It is the aim of this paper to accurately and without judgement look at Fascism from its creation to modern day applications. Benito Mussolini was catapulted into power in 1919 after helping create and naming his movement Fascism. Italian Fascism began on the left but stressed the dire need for strong nationalism with an urgency to industrialize. His style prized violence, idealism and anti-materialism, bonding him with the plight of the socialists of the time. As time went on in Italy, Mussolini merged with many modern corporations, luring him further and further to the right. Benito’s vision of Fascism facilitated national liberation, and racism was never his political nor personal goal. Many of Mussolini’s top aids and elite were Jews prior to his alliance with Hitler in 1937. In 1932 Mussolini wrote a lengthy definition of Fascism for the Italian Encyclopedia. This work shows exactly what it was Mussolini believed he was doing, creating a new wave of change. The definition is lengthy and often repetitive, however it is absolutely essential to the understanding of fundamental fascism t hat some of its points be explained and discussed herein. "Fascism, the more it considers and observes the future and the development of humanity quite apart from political considerations of the moment, believes neither in the possibility nor the utility of perpetual peace. War alone brings up to its highest tension all human energy and puts the stamp of nobility upon the peoples who have courage to meet it. All other trials are substitutes, which never really put men into the position where they have to make the great decision -- the alternative of life or death.... " This paragraph alone explains the reasons for nearly all modern wars in this century. Mussolini’s founding ideal was that of struggle. He believed war to be the climax of human emotion, believing that peace was not, an... ...bsp;In France, the primarily Fascist party led by Jean-Marie Le Pen gained 29% of the vote. This excerpt not only applies to France, but to conditions that will continue to rise throughout the world. Whenever a group of people go unheard, unrest immediately occurs. What follows unrest is the willingness to be apart of something that will lead you somewhere great. The rising popularity of Fascism is not due to a change in man’s thinking, but due to nations not listening to their people. Thousands of "skinheads" march through the streets of Germany waiting for a time when they will once again stake their claim for the world. It is only a matter of time before the comfort and discipline Fascism offers becomes a reality in the world. Benito Mussolini believed in the power of state and corporate becoming one to best represent the needs of the people. The time has come for the ordinary people of the world to declare what they desire to be known as next, before the choi ce is made for them. Whoever fights monsters should see to it that in the process he does not become a monster. And when you look long into an abyss, the abyss also looks into you." — Friedrich Nietzsche

Asthma Essay -- essays research papers fc

Asthma is a disorder of the respiratory system in which the passages that enable air to pass into and out of the lungs periodically narrow, causing coughing, wheezing, and shortness of breath. This narrowing is typically temporary and reversible, but in severe attacks, asthma may result in death. Asthma most commonly refers to bronchial asthma, an inflammation of the airways, but the term is also used to refer to cardiac asthma, which develops when fluid builds up in the lungs as a complication of heart failure. This article focuses on bronchial asthma. More than 17 million Americans suffer from asthma, with nearly 5 million cases occurring in children under age 18. In the United States, asthma causes nearly 5,500 deaths each year. Asthma occurs in males and females of all ages, ethnic groups, and socioeconomic levels. For reasons not completely understood, asthma is generally more common in poor urban neighborhoods, in cold climates, and in industrialized countries. Among all Americans, the prevalence of asthma increased more than 60 percent between 1982 and 1994, especially among children. Deaths from asthma increased more than 55 percent from 1979 to 1992. Scientists suspect that increased exposure to second-hand cigarette smoke, growing populations in polluted city centers, and new housing that is poorly ventilated contribute to the increase in asthma cases. Breathing Every cell in the human body requires oxygen to function, and the lungs make that oxygen available. With every breath we take, air travels to the lungs through a series of tubes and airways. After passing through the mouth and throat, air moves through the larynx, commonly known as the voice box, and then through the trachea, or windpipe. The trachea divides into two branches, called the right bronchus and the left bronchus, that connect directly to the lungs. Air continues through the bronchi, which divide into smaller and smaller air passages in the lungs, called bronchioles. The bronchioles end in clusters of tiny air sacs, called alveoli, which are surrounded by tiny, thin-walled blood vessels called capillaries. Here, deep in the lungs, oxygen diffuses through the alveoli walls and into the blood in the capillaries and gaseous waste products in the blood—mainly carbon dioxide—diffuse through the capillary walls and into the alveoli. But if something prevents the oxygen from reaching t... ...ng, may provoke hyperventilation, a rapid inhalation of oxygen that causes the airway to narrow. In asthmatics, hyperventilation often results in an attack. Many asthmatics are especially sensitive to physical exercise in cold weather. Research suggests that genetic factors may increase the risk of developing the disorder. Children with a family history of asthma are more likely to develop asthma than other children. Despite this apparent genetic link, many people without a family history of asthma develop the disorder, and scientists continue to investigate additional causes. Treatment Physicians typically diagnose asthma by looking for the classic symptoms: episodic problems with breathing that include wheezing, coughing, and shortness of breath. When symptoms alone fail to establish a diagnosis of asthma, doctors may use spirometry, a test that measures airflow. By comparing a patient’s normal airflow, airflow during an attack, and airflow after the application of asthma medication, doctors determine whether the medicine improves the patient’s breathing problems. If asthma medication helps, doctors usually diagnose the condition as asthma. Bibliography www.scienceworld.com

4ps of 759 Store

759 Store is one of the famous supermarkets in Hong Kong. Many people love to buy 759 Store’ products because of the lowest prices. Their marketing strategy is â€Å"small profits, quick returns† which mean they sell their products at low price in order to increase the stock turnover rate and earn the profit faster. However, some research shows that the price of the local products in 759 Store are much lower than others competitors and some of other retailer shop owners pointed that 759 Store are underpricing their products intentionally in order to eliminate other competitors.Since 759 Store’ strategy is â€Å"small profits, quick returns†, their products’ price have to be lower than the same products in outside market in order to earn profits form each products. Also, customers never complain on the low price of products and they will appreciate that if the shops can reduce the product price further. 759 Store has provided some discounts on differ ent combination of products in order to attract more customers. This strategy provides a quick return on stocks and rapid cash inflow to 759 Store.Since 759 Store want to extend their market share, they have intention to do the predatory pricing which means to reduce other competitors profits by underpricing, when others competitors can not afford their operating cost and shut down, the price will rise back to original level and the shop can monopolize the whole market. Some research shows that 759 Store’ sales can barely cover the costs of their products which indicate that some of their products’ price are even lower than the cost. They can easily built up the connection of customers and meanwhile they can eliminate the competitors.Many small business or retailers have been closed because they can’t afford their operating cost with declining profits. The owner of 759 Store has decided to expand his business in order to earn larger market share. Although underp ricing will not violate the law, is it ethical to do so? According to AMA code of ethics in marketing, practicing predatory pricing is unethical. It is an anti-competitive measure to protect market share from new or existing competitors which involves temporarily pricing a product low enough to end a competitive threat. 59 Store should have ensured the fairness of their business and don’t engage in predatory pricing. Also AMA code of ethics have mention the openness of a business which means to create transparency in marketing operations. Many owners of small business have contracted 759 Store about their problematic pricing strategy, but 759 Store still insist in selling their products with low prices. This indicate that 759 Store is lack of communication with others and do not accept the criticism form others. According to 4Ps marketing model, the only ethical issue of 759 Store is pricing. 59 Store represents ethically on other 3Ps. For example, they ensure their products are safe, their products and packages have least impacts on the environment. Also, they do not have any deceptive or misleading advertising or bribery in promotion and there are no gray marketing exist. To improve, 759 Store should deal with their pricing problem. First of all, they should stop practicing predatory pricing and the major reason of them to do so is supplier specifically selling their products to 759 Store at low price.Since 759 Store have many branch in Hong Kong, they can perform bulk purchases to the suppliers and ask for the discounts which is impossible for others small retailers to do so. Therefore, I suggest that suppliers should have fixed price to sell their products to all retailers and do not offer any discounts. Any other method the stop the problem is that 759 Store stop selling local products and focus on selling Japanese products since most of the customers are buying Japanese products form 759 Store and it can avoid affecting other competitor because th e problematic pricing is occurred on local products only.If 759 Store can focus on selling Japanese products, they probably can gain larger amount of profits because price of Japanese Yen are declining currently which leads to a lower price of imported Japanese goods. Also, 759 Store should communicate more with the suppliers and accept the criticism form others in order to ensure the openness of the business. Reference: Major Ethical Issues in Marketing: 4 Ps Model. (2004). Retrieved from http://www. powershow. om/view/13014e-NmEyN/Table_Major_Ethical_Issues_in_Marketing_4_Ps_Model_powerpoint_ppt_presentation. AMA Code of Ethics. (2003) (pp. ). Retrieved from http://www. helleniccomserve. com/marketingcodeofethics. html. Abandon the local goods fought Japanese food blaze trail(2008). Retrieved from http://stock. appledaily. com/News/Detail? articleId=15777657&issueId=20111107. How about Japanese Yen?. (2012). Retrieved from http://www. 759store. com/video2. php.

Man vs. Fishing Boat Essay

It was a cloudy summer day, the first week in June following my high school graduation. I was meeting my boyfriend and his family out on Shasta Lake who were enjoying the week on a houseboat. This would be the first time meeting all his aunts, uncles, grandparents, and cousins. I did not expect for the meeting to end up like this. Brandon, my boyfriend, and his younger cousin, Jake, picked me up at Packers Bay in the ski boat. It was a chilly morning and I was in shorts and tank top and had only my towel to keep me warm. The boys forgot where the houseboat was parked in the lake. We spent the next hour and half searching the entire area of Shasta Lake for their houseboat. â€Å"Brandon, just call your mom and ask where they’re at,† I mentioned as an idea. â€Å"Embarrassing as it is, I guess I will,† Brandon sighed. He called his mom, and the first thing she said, â€Å"Your lost aren’t you?† Mothers know everything. We finally found our way to the houseboat. We climbed out of the boat, and one after another, each family member said their hellos and each gave me a very welcoming hug. I felt like family already. We sat in the houseboat for about 30 minutes socializing and eating breakfast, when Brandon’s dad, Gary, decided to tell us we were moving the houseboat to a different spot for the day. Moving the houseboat is a lot more challenging than just one boat because the Connolly’s also had two jet skies, the ski boat and an old tin fishing boat (which wasn’t even registered). â€Å"Brandon, you and Ally take the ski boat. Jake, you hop in the fishing boat and the girls got the jet skies. Get out in front and lead the way to another cove,† Gary said with much authority. So Brandon and I jumped in the ski boat and drove out way past the houseboat waiting for everyone to get situated. Jake, 15 at the time took control of the tin fishing boat. We all figured that he had driven a boat like that before, but we may have been wrong. Enjoying the cloudy day, Brandon and I sat in the ski boat waiting for Jake to make his move. And we heard the motor start and Jake was moving. Phew. There were some waves coming from Brandon’s messing around in the boat that Jake was hitting, but we didn’t think anything of it. After talking for a little bit, we turn around to check on Jake’s progress and we see him flying through the air and the tin boat going very fast around and around and Jake was no where to be found. His head popped up out of the water and than his hand came up with his phone in hand and he screamed, â€Å"Help!† Brandon threw him and a life buoy and told him, â€Å"GET AWAY FROM THE BOAT!† The boat was still spinning out of control and one hit from the tin boat would kill Jake instantly. Since it was a cold morning, Jake was in two pairs of sweatpants and a sweatshirt and he had his Nike tennis shoes on. Swimming was a lot more difficult. He reached the life buoy and made it safely to our ski boat. But this wasn’t the tragic event. It took a while for the family on the houseboat to realize what was going on, than next thing we know we see Uncle Dan fly out on one of the jet skies. He seemed like superman or maybe even batman. He looked like he was going to be the hero of this crazy event. We never even thought he would be the victim. From the ski boat, Brandon, Jake, and I all thought that with the tin fishing boat spinning out of control, Uncle Dan was just going to take the front of the jet ski and stop the tin boat. Nope. Wrong. Next thing we know he is in the water. â€Å"What is he doing?† I asked Brandon in a very worrisome voice. â€Å"I’m not quite sure.† He replied. Dan swims towards the spinning boat and reaches to grab the front of it when it comes around and he misses. So he goes in one more time. Strike two. Misses again. Third times a charm? Not in this story. He swims in for the third time and as the boat makes its 360 rotation it seemed, as every noise around us was silent except for the sound of rocks in a motor. But it wasn’t rocks. It was Uncle Dan. I looked at Brandon and Jake in horror. What was going on? It seemed like he was in the water forever before he popped up. Finally he did. In a very settle and quite voice, he raises his hand covered in red thick blood and a face that looked like it was dipped in ketchup, says, â€Å"Help. Help. I’m hurt.† I scream at Brandon and Jake, both swimmers, â€Å"Help him! Get in the water. Help him!† Brandon and Jake start stripping off their clothes one at a time and Jake was in the water within seconds. Swimming like it was the last meet of his life, he swims over to Uncle Dan and, with his adrenaline, lifts the middle-aged man onto the jet ski. Blood was everywhere and the tin boat was still spinning. Jake speeds the jet ski along with Uncle Dan and his wounded body towards the shore where the houseboat was still vacated and the next thing I see is Jake’s mother, who is also Dan’s sister, strip completely naked and used her clothes to wrap up his arm and face. I’ve never been so shocked and scared in my life. Seeing a hand sliced up from the elbow down to the tips of the fingers and a face covered in blood coming from the eye and side of the face, which hid his pain. He was being so tough and he just kept saying in a mellow tone, â€Å"I just don’t want to loose my hand.† He repeated this many times. Next thing I know, Gary was the driver of the ski boat with Uncle Dan laid out in the boat with naked Aunt Janine at his side, they were off to the shore where the ambulance helicopter was meeting to take him to the emergency room. We all else went back on the houseboat and comforted Jake and everyone effected by this horrific accident. The cloudy day served it’s purpose. After the cops asked all their questions to all of us involved, and finally crashed into the tin fishing boat with their sheriff boat, we could all just relax on the houseboat and wait for the call from the hospital to hear the news of Uncle Dan.

Competitive Intelligence Essay

Introduction Competitive intelligence (CI) refers to a tool used for marketing used by business organizations to study the competing surrounding. The process incorporates a determined information gathering based on the operations and other factors considering the competitor that enables proper decision-making of the organization management. Gower. Moloi and Iyamu, (2013) indicates that CI is significant in making marketing-related decisions and the development of market–oriented companies. Different companies use different methods to gather competitive intelligence. Companies study an array of industry specific and general publications to provide information of the current competitive intelligence. However, the most mentioned source of industry information are monographs. Monographs refer to the grey literature that may not be disseminated through conventional publishing channels. These include academic theses, business schools, technical reports, scholarly papers, case studies, and private and public sector documents. Sometimes the monographs are published that provides the most cost-effective and comprehensive source of CI information. Industry monographs are instrumental in providing information of the industry secular progress and historical background. Profits analysis can be obtained through long-term perspective that is compost of a richer experience variety as opposed to when only recent developments are considered. However, the major downfall is that the company conference proceedings and monographs date speedily. Internet searches, and the British Library form the major sources of grey literature. According to Murphy (2005,) the press reports and features provide the source of current and retrospective understanding of the competitor. The journals such as Financial Times sectoral surveys enable a company to obtain an excellent overview of the competitor of various business lines. Likewise, it outlines the individual players’ profile and the most pressing current issues affecting the competitor. Numerous trade journals provide annual surveys of the major trends and events in their specific business line. Furthermore, Murphy (2005) writes that the regulatory authorities also provide a great quality of information may be availed at a modest cost. The studies and reports provided by the Competition Commission have plenty of significant data and analysis that provides an excellent model on the procedures of undertaking the studies of the competing industry. The public watchdogs charged with the roles of overseeing the public sector forms excellent targets of CI information. Company circulars that they have to send to their shareholders under specific conditions are also significant sources of CI. For example, material acquisition and classified information on the listing rules provides information on the size of the company. Circulars contain FSA that may require the researcher to visit the company headquarters to obtain the corporate documents. Furthermore, Murphy (2005) indicates that shareholder data that has special rules that apply to the reporting of the changes within the entire PLCs. The Companies’ Act provides that PLCs are always documented in the company annual reports. This information provides the holdings of 3 percent of the total voting share capital of the firm. The information provided in such notifications that are subjected to public scrutiny provides CI information. Murphy further writes that company patents provide mechanisms of obtaining competitive advantage and the trademarks that provides the insights that describe the company enrichments. However, some companies believe that human resource intelligence. Company investigators may use direct contact with company human resource intelligence through identifying the subjects and planning of interviews. Human resource provides updated information on the company; however, it may be difficult to secure the potential individual to approach for such CI information. A typical example of CI mentions the stock traders who analyze the data based on the price movements and prices to determine the best investments. They possess similar data to other traders, yet data analysis provides their difference with others. Moreover, Japanese automobile industry that analysed the U.S automobiles of in the 1970s based on the products and the demands of the customer (Wagner &Van 2011). The smaller families and high gasoline prices created a demand in the U.S for fuel efficient and smaller cars. Therefore, the Japanese automobiles applied CI methods to establish a trend and further made the decisions on manufacturing based on the results of CI information. The produced cars defeated the U.S Big Three in the market due to fuel-efficiency and high-quality cars. Despite the entire pool of information sources, the internet and human resource intelligence may be the most effective sources of information in terms of accuracy, ethics and cost-effectiveness. The company websites provide an array of information that can be easily assessed compared to published documents. The website provides comprehensive information on the new developments, business practices, and detailed information on strategies and tactics established by the company. Likewise, as Wagner and Van (2011) establishes, the internet can provide detailed information based on the vision, CEO statements, goals and objectives, and the overall management of the firm. The commitment of the firm to quality, consumer problems, investments and plants, structure are also provided in the web pages of the company. Likewise, human resource can be maintained for a long period once the first interview is secured. Although it is a subject of ethics, human resource intelligence will provide the most updated information on the company plans. References Gower. Moloi, R., & Iyamu, T. (April 01, 2013). Understanding the Deployment of Competitive Intelligence Through Moments of Translation. International Journal of Information Technology and Web Engineering (ijitwe), 8, 2, 33-45. Murphy, C. (2005). Competitive intelligence: Gathering, analysing and putting it to work. Aldershot, England: Wagner, L., & Van, B. J.-P. (January 01, 2011). Web Mining for Strategic Competitive Intelligence. Â  

Mrs. Turner Cutting the Grass Essay

In the short story â€Å"Mrs. Turner Cutting the Grass† by Carol Shields, the ideology of not judging a book by its cover can be seen as a main theme of the story as it shows the main character, Geraldine being judged by everyone that surrounds her all throughout her life. Shields demonstrates this by taking the audience on a journey through her life giving the reader flashbacks of her life as a young teen to a sight to see on a hot afternoon in June, giving a perspective of a static character development as she remains stubborn and oblivious all throughout her life. This is depicted through third person narration, which presents a conflict of man vs. society point of view within Mrs. Turner’s life. The narration throughout the story is in third person as the narrator always refers to the main character as Mrs. Turner, Geraldine or Girlie instead of using the first person perspective. The point of view is from a single narration that is omniscient since we are given other characters perspectives towards Mrs. Turner and how they feel about her. Throughout the story, she is depicted as impulsive, rebellious, getting herself stuck in bad situations and instead of working out her problems she runs away. The Man vs. Society conflict perspective can be seen through the way other people evaluate her and her life choices. She is negatively judged, for example, by the way she carelessly the cuts the grass, her negligent use of the weed killer and even in the professor’s poem â€Å"The Golden Pavilion†, which contrasts the American tourist, in this case represented by Geraldine and her sisters, describing Geraldine as a â€Å"little pug of a women† against the majesty and beauty of the golden pavilion of Kyoto Japan. The professor, in this poem, depicts her ignorance and outward appearance in a negative light implying a shallow, superficial life. Interestingly, we are told little about how the character sees herself. Given the fact that Geraldine dropped out of high school at the age of sixteen and worked at the Boissevain Dairy until the age of nineteen, it could be assumed that perhaps her life was really quite difficult.

Case study Example | Topics and Well Written Essays - 750 words - 49

Case Study Example This value chain management ensures timely delivery of the products in the market. Moreover, the products are low cost and relatively affordable. Zara is has a customer-centered approach to the market. Besides having to consider great value and quality, the company also uses its resources to ensure that the products reaching the customers is at low cost. Providing fashion at low cost has remained one of the company’s strength and the means behind the market share claim. The target market for the clothing is the customers with medium to high purchasing power. This includes those individuals who are fashion conscious and who want to look fashionable at all times. In my opinion, this helps the company to compete well with other fashion companies in the world. Being customer-centered, the company has market researchers in every part of the world where their presence is felt. This allows the company to respond directly to consumers’ needs. Further, the company has focused on research-based designing and innovativeness. This helps to create brands that the consumers can appreciate and that are ready to capture their attention and hence compete well in the market (Kumar, 2005). The success of any company depends on both the internal and external environment of the organization. Zara Company has a strong organization structure that ensures its success. With a well-structured management and a long-time experience in the market, the company has an easy time navigating the market and creating new environments. The company’s presence in 74 countries in the world also contribute to its success. This is because for a company to be successful. It must be able to secure a wide customer base that will ensure maximum and consistent source of revenue. This expansive strategy has allowed the company to be relevant to the emerging markets and to create a market share for itself as compared to many of the

The Civil War in England Essay Example | Topics and Well Written Essays - 750 words

The Civil War in England - Essay Example This paper shall discuss the effects that the war had on the people of England and the different aspects of the nation then. Before the commencement of the war and even during it, the reins of the economy and the funds of the government rested with the Parliament that would then be in a position to dictate terms to the King (Bucholz and Key, 254). This marked a change in the way in which revenue was utilized during the Elizabethan age when the monarch had a far greater role to play in the handling of the nation’s funds that when the Stuart dynasty took over. The expenses of the monarch would have to be ratified by the Parliament and this was a great blow to James I. He however, managed to maintain a balance between the demands of the Parliament and the maintenance of his power. His son, Charles I, however, could not do so. Many attribute this failure to Charles’ belief in the divine rights that he believed kings to have (Trueman). According to this theory, kings were th e deputies of god on earth and this right of the king could not be taken away by the Parliament which according to him was merely a collection of mortals. This belief of Charles would be the reason that led to his ultimate execution. His failure to recognize the real aspirations of his people finally led to his downfall. Apart from this, one also needs to look at the flawed military strategies that were employed by the Royalists and the successful ones by the Parliamentarians. John Pym, according to Robert Bucholz and Newton Key, was instrumental in ensuring the victory of the Parliamentarian cause in many battles that occurred during the civil war (Bucholz and Key, 254). Religious reasons were very important in the civil war. It marked a transition to a phase in history where religion would be a major determinant in political affairs in an explicit manner. The puritans were responsible in a large way for the civil war. Oliver Cromwell himself was a puritan (Oliver Cromwell). These aspects along with the fact of the different sects that people in England, Ireland and Scotland were a part of, had led to tensions within the nation (Stoyle). A different form of politics too had taken shape, one that would thrive on the politics of identity. This was a change from earlier days. This change has survived to modern times when political parties survive on the identity of the community they represent. The major economic effect of the English Civil War was its detrimental impact on trade. Ben Coates in his work The Impact of the English Civil War on the Economy of London observes that the years spanning from 1648 to 1650 were marked by poor agricultural produce and naval and trade weakness. The recession of 1648-50, however, was a product of bad harvests and weakness on the seas. The Dutch regained their supremacy in the seas and thus undermined English trade and industries. It is noteworthy that the war weakened the erstwhile flourishing English foreign trade at the pr ecise point of time when the Dutch consolidated their commercial and naval power after the completion of the Thirty Years' War (1648) (Coates, 22). The importance of these developments needs to be analyzed in conjunction with the role that these changes enabled in the transition to modernity. Not only were the seeds of democracy sown

Information security in wireless local area networks Essay

Information security in wireless local area networks - Essay Example Man in the Middle (MitM) is a real information security concern for the Wireless Local Area Networks. In the MitM attack, address of the proxy server changes with any fake address and hacks the wireless network in the form of traffic tunnelling, proxy attack, DNS poisoning, and rout mangling. This paper also outlined the solution of the major information security issues through the development of the techniques and protocols. Alloy model is the core focus in this paper, which contains the written code. Execution of this code is verified whether it met the expected function. Development of these techniques and protocols is aimed to ensure the data integrity and security. C# is the core programming language for the client side and PHP programming is used for the server side. Model checking involved the testing of the written features of the application in terms of verification of the descriptions. Static analysis, deductive verification, dynamic analysis and software model checking are the best examples of technology, which use the theorem proving for the validity of verification. Information Security in Wireless Local Area Networks Summary and Conclusion Introductory chapter of thesis narrates the aims and objectives of the work, and describes the structure of the thesis. This early chapter is focused on the Wireless Local Area Networks (WLAN), which is the biggest segment in the Wireless products’ market. Wireless Local Area Networks facilitates the communication and computing in spatial domains including the enterprises, hospitals, offices and campuses. In these environments, WLAN expands and complements the coverage in the existing networks. There are three main objectives behind the information security for the wireless networks such as the data integrity, confidentiality, and availability. Data Integrity; It is ensured that no data or information has been modified. Confidentiality; It is ensured that nobody other than receiver can see or read the inf ormation. Availability; It ensures the availability of information needed at any time. The second chapter of this thesis work has been on the history and background of the study. This chapter describes the ways of the wireless detection using when data packets pass through the Network Interface Card (NIC). Managed and â€Å"rfmon† modes of data transferring through NIC are stated. The function of the Kismet has been specified when data packets pass through the NIC and saved in the file named as â€Å"pcap†. Beacon frame is most wanted for the sniffer that contains the information about sniffing operation. Data sending and receiving over the WLANs need the connection with Access Points. The requirements of the encryption protocol for the data encryption of the beacon frame are also realized in this part of the thesis. A hacker attacks the wireless network and selects a wireless channel from where it attacks the network. Hacker uses the two probing techniques such as act ive and passive. NetStumbler tools works as active probing and receives the Service Set Identifies (SSID) and host information. An active probe detects the access points in scope of hackers’ transmission. Passive Probing technique is used to drop the data packets over a channel and neither data receiver nor the data sender can detect the attacker’s presence. Surveillance is a passive technique that a hacker uses to capture the data traffic over a

Talk Talk Plc and its Service Marketing Literature review

Talk Talk Plc and its Service Marketing - Literature review Example ecided on maintaining market transparency and competition rather than resort to prescriptive regulation to protect consumers’ interests (Annual Report 2011, p. 11). 2.1.3 The UK government has made it a priority to support and fund the rollout of superfast broadband networks in rural communities. This should aid in the development of viable markets in places in the UK which were considered economically unfeasible (Annual Report 2011, p. 9). 2.2 Economic 2.2.1 The protracted recovery in the broad economy and the continued economic weakness in the European region will continue to influence the performance of UK business in general, including internet service providers (Annual Report 2011). 2.2.2 Competition is fierce such that if network services proved unreliable compared to the rival firms, this creates customer churn (turnover). The cost of switching among ISP services is low and therefore customers may easily abandon their service in favour of a rival firm (Annual Report 201 1). 2.3 Social 2.3.1 Social networking continues to gain momentum among internet users, aside from the growing dependence on the internet as a source of information for work and school. In addition, the continued popularity of television as a broadcast entertainment medium presents an opportunity for the convergence of television content with ISP services (Annual Report 2011). 2.4 Technological 2.4.1 Data security and integrity is a continuing concern in the digital telecommunications industry. Loss of customer data attributable to data protection breaches may damage the firm’s reputation and cause the imposition of fines (Annual Report 2011). 2.4.2 The development in fibre optic technology has begun to push demand for fibre access, precipitating the need for wholesale product development that... This essay discusses that TalkTalk is presently making a bid to gain higher quality service and thereby improve the profit margins, even at the expense of losing 43,000 or more customers who have chosen the company only on the basis of low prices. By doing so, the firm adopts a bolder strategy that accomplishes the twin purpose of (1) adjusting from weaknesses created by the recent demerger on the one hand, and (2) assuming a better position to address the increasingly competitive environment in the face of a challenging regulatory and economic environment. PESTEL shows that there are challenges as well as opportunities which face the entire industry. SWOT shows that TalkTalk is equipped with strengths in the form of technological innovations and strategic partnerships, and that its weaknesses are being remedied by adopting a revised strategic outlook and resolving its problems with service quality, customer billing problems, and lacklustre performance. TalkTalk is innovating in its service product, has the advantage of place and time, is rethinking its price strategy, and linking promotional efforts in a meaningful way to people’s economic realities. Process, physical evidence and people are seen to support the innovations being adopted in the product strategy. Finally, the firm is adopting more profitable service strategies as defined by Lovelock and Wirtz in building loyal ties based on quality, adopting greater transparency in handling complaints, and providing enhanced service quality and productivity.

Wayne Williams (Atlanta Child Killer) Case Study

Wayne Williams (Atlanta Child Killer) - Case Study Example The deaths were as a result of asphyxiation and strangulation. On each of the recovered victim, there were varying types of microscopic evidence ranging from dog fur, carpet fibers, and blanket fibers. It was noted that once the facts about the killings were publicized by the press, the killings went on, but the victims started appearing nude or partially nude in the Chattahoochee River (Nickell, 2011). The change in the killer’s way of handling the victims was a clear indication that the killer was keen on the media’s reports regarding the killings and was determined to clear any signs of trace evidence (Mallard, 2009). In May of 1981, intelligence officials were in high hopes of getting the killer whereby they launched surveillance along the Chattahoochee River. As they were carrying out surveillance, intelligence officers heard a loud splash and then saw a station wagon in the area along the river. At the time of the splash, there was no immediate discovery of any body. However, the intelligence offers went on to question the 23-year-old male driver who admitted that he had dropped a bag of garbage into the water. On the second day after the questioning of the driver, the body of a young black male was discovered in the Chattahoochee River at a location downstream from where intelligence officers questioned the driver (Lester, 1995). Forensic examination of the identified body revealed that the body had unique man-made yellow and green carpet fibers. This crucial evidence was found on the victim’s hair, and it matched fiber evidence identified on other victims. This piece of evidence made intelligence officers conduct a search in Wayne Williams’ house, where yellow and green carpet material was identified across many areas of the house. Convinced by the discovery of fiber that matched that found on Wayne’s carpeting material, intelligence officers were in no doubts that the killer they had been

Comparative Legal System Article Example | Topics and Well Written Essays - 3000 words

Comparative Legal System - Article Example During the early centuries, the judges and justices were responsible for adapting the Writ system to meet everyday needs, and the application of a mixture of common sense and precedent in order to create a body of internally consistent law. For example, the Law Merchant began in the Pie-Powder Courts (a corruption of the French "pieds-poudr's" or "dusty feet", meaning ad hoc marketplace courts). "As Parliament developed in strength, and subject to the doctrine of separation of powers, legislation gradually overtook judicial law making so that, today, judges are only able to innovate in certain very narrowly defined areas. Time before 1189 was defined in 1276 as being time immemorial." (English law English law. http://en.wikipedia.org/wiki/English_law) According to Mary Ann Glendon, "Reception of a legal system depends upon the fusion of the local culture with that of the settling nation ... Where a cultural assimilation has occurred, the English common law has shown remarkable capaci ty for adaptation." (Mary Ann Glendon et al 1999) During the British Empire, Britain exported its legal system to various countries in the Commonwealth of Nations, including the United States, and many aspects of the British legal system have persisted since the withdrawal of the British. English law before the Independence Wars still has an influence on the law in the United States, and English law provides the basis for some American policies and legal traditions. Many states that were formerly subject to English law (such as Australia) continue to recognise a link to English law - subject, of course, to statutory modification and judicial revision to match the law to local conditions - and decisions from the English law reports continue to be cited from time to time as persuasive authority in present day judicial opinions. For a few states, the British Privy Council remains the ultimate court of appeal (English_law http://www.smso.net/English_law)Similarly, because the UK remains a strong international trading nation, "international consistency of decision making is of vital importance, so the Admiralty is strongly influenced by Public International Law and the modern commercial treaties and conventions regulating shipping" (http://www.nationmaster.com/encyclopedia/English-law) As former colonists of Great Britain, the Founding Fathers of the United States tended to adopt much of the British legal system. The United States, Great Britain and Wales all have a law that is made by courts (common law) rather than laws handed down by a monarch or some other central governmental authority such as a legislature. The jury, a panel of ordinary citizens chosen to decide a case, is an integral part of our common-law system. Use of juries to decide cases, is a distinguishing feature of the American legal system. Few other countries in the world use juries as we do in the United States. Over the centuries, many people have believed that juries in most cases reach a fairer and more just result than would be obtained using a judge alone, as many

Coping with Stress - Model 3 SLP (Stress Management) Essay

Coping with Stress - Model 3 SLP (Stress Management) - Essay Example The information gathered from this source will help in developing a program that comprehensively addresses the need of the audience. Vagg,P.R., Spielberger, C.D. & Wasala, C.F. â€Å"Effects of Organizational Level and Gender on Stress in the Workplace.† International Journal of Stress Management 9:4 (2002): 243-261. Print. This article analyzes the effect of stress at the workplace with respect to organizational level and gender. The study revealed that employees working at higher levels in the organization experienced stress while making critical decisions and handling crisis situations when compared to those employees who worked at lower levels. The stress levels among male employees where strongly related to their fears about their role in the power structure within the organization. Among women, the stress levels were strongly related to factors that led to managing their job and family responsibilities. The information in this article will help formulate an educational p rogram that addresses the gender specific needs with respect to stress management. Coping Strategies for Stress Management Buchwald, Petra. Stress and Anxiety: Application to Health, Work Place, Community, and Education. United Kingdom: Cambridge Scholars Publishing, 2006. Print. A section of this book provides information on coping strategies within the community.

Data Analyzing Tools And Techniques Essay Example | Topics and Well Written Essays - 500 words - 1

Data Analyzing Tools And Techniques - Essay Example These statistical presentations are unable to draw out in-depth coverage of the actual information even after the allocation of huge investment in data analysis. Consequently, alternative devices are being taken into serious consideration to transferring the knowledge along with a statistical presentation of the entire data. The present study presents the model that successfully presents the model that accepts the challenge of transferring the data to knowledge and results in a comprehensive and refined way by encompassing every characteristic of the given information separately. It neither drops any information from an analysis nor does it conceals basic knowledge the actual data intends to communicate; hence, it is of great value for taking steps towards right direction while taking decisions and devising strategies at different organizational levels at large. Policymaking always relies upon accurate facts in recruitment, placement, promotions and even dismissal of employees; it is equally significant for examining of corporate culture, profit rate and visits and satisfaction scales of the customers regarding a particular organization as well. The model is based upon five key competencies including software technology skills, statistical modeling and analytic skills, knowledge of the data, knowledge of the business and communication/partnering skills, all of which are essential for data analysis. Since over three-fifths of the managerial staff views organizational and cultural factors as the greatest barriers to achieving targets, the model provides the all-inclusive presentation about organizational culture too. Particularly, data related to sales volume is most important for managerial staff, comprehensive and analytical record of which is essential for future business plans in technological, transformational and analytic processes.

Food Regulations Essay Example for Free

Food Regulations Essay 1.State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Drop box: (a) a Word document with the questions and your answers and (b) a copy of the proposed regulation you used for this assignment. (10 points) 2.Describe the proposal/change. (10 points) 3.Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points) 4.Provide the deadline by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points) 5. Once you have submitted your comment, what will you are legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbooks discussion of the Administrative Procedure Act.) If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why? Answer all of these questions for #5 even if you are in favor of your proposed regulation. The response to question 5 should be a minimum of 2–3 paragraphs long. (15 points) 1-FDA publishes rules that establish or modify the way it regulates foods, drugs, biologics, cosmetics, radiation-emitting electronic products, and medical devices commodities close to the daily lives of all Americans. FDA rules have considerable impact on the nations health, industries and economy. My concern is that under the federal law, a claim that a food is intended to diagnose, cure, mitigate, treat, or prevent disease makes that food a drug, and is unlawful. However, federal law provides for FDA approval of a health claim, which is a statement that characterizes the relationship of any substance to a disease or health-related condition (e.g. a claim that calcium may reduce the risk of osteoporosis). Under the statutory standard for approval, the claim must be supported by significant scientific agreement. (www.iflr.msu.edu/iflr/courses/united_states_food_laws) 2. The adequacy of federal oversight of food safety recently became the subject of intense media and Congressional scrutiny. The issue came to national prominence when contaminated food caused the death and illness of hundreds of people. The episode served to heighten awareness of the fact that an increasing proportion of the food consumed domestically is imported, and much of it from countries that do not have well established food safety systems. It also began to focus attention on the fact that FDA’s funding has not kept up with the responsibilities that have been heaped upon it over the past several years, and that FDA will need additional legal authority to effectively address some problem areas; they have adequate funding and resources. FDA covered the overall food safety systems of the countries, as well as their food safety systems such as specific commodity areas; i.e. seafood, including molluscan shellfish, imported meat products, vegetables and dairy products (exclu ding Grade A pasteurized milk products). (www.fda.gov/Food/InternationalActivities/Imports/default.htm) 3. The controversy over trans-fat offers an example of how one kind of regulation at the federal level can beget other forms of regulation at the state level. In 2006, an FDA regulation went into effect that requires listing the amount of trans-fat present in a packaged food on the label of that food. FDA did not go so far as to ban the use of trans-fat, something that some consumer groups were advocating. However, shortly after the issuance of FDA’s rule, state and local jurisdictions started stepping into the breach. A number of localities have banned the use of trans-fat in restaurant foods, and some states, such as California, have begun to follow suit. Faced with a patchwork of local requirements and the potential for adverse publicity, some major restaurant chains have reformulated their products to eliminate the use of trans-fat, however, nations wide has not complied or just finds a loophole to go around the system in avoiding such regulations. Another issue is the increasing concern of the status of federal regulation of foods and other products that contain nanomaterial. Both proponents and skeptics of nanotechnology hold the view that industry has raced ahead of regulatory authorities in bringing nanotech products to market, thereby increasing the potential for consumer injury and environmental harm. Thus, there is at least some support for stronger regulatory oversight of nanotech products in general, and of nanotech foods, including food additives and dietary supplements in specific. Recently, FDA announced that it will hold a public hearing to seek input on various aspects of its approach to regulation of nanotechnology. FDA likely will follow up on that hearing with the issuance of guidance documents specific to the product categories that it oversees. (www.mondaq.com/unitedstates/x/146784/Healthcare+Food) 4. By law, anyone should participate in the rule-making process by commenting in writing on rules FDA proposes. FDA routinely allows the public input and carefully considers the comments when it draws up a final rule. Another way to influence the way FDA does business is to petition the agency to issue, change or cancel a regulation, or to take other action. FDA will act to implement a provision of the FDA Amendments Act of 2007 that requires FDA to establish a reportable food registry, and that requires any person who submits a registration for a food facility under the Bioterrorism Act of 2002 to also notify FDA of instances of reportable food. A reportable food is one for which there exists a reasonable probability that use of, or exposure to, the food will cause serious adverse health consequences or death, the same standard that currently applies to Class I recalls, so the practical effect of the new provision should make it mandatory for companies to notify FDA of a Class I recall situation. FDA Petitions require careful preparation by the submitter, they spends considerable time and staff resources processing petitions. Individuals sometimes submit petitions, but most come from regulated industry or consumer groups. For example, a drug company might request a change in labeling for one of its products; a food company might ask that its product be exempted from some provision of a regulation; or a consumer group might petition FDA to tighten regulation of a certain product. (RegistrarCorp.com/FDA-Food) 5. Health claims have been the subject of considerable controversy. After protracted litigation, federal courts ruled that FDA cannot impose an outright ban on claims that have some scientific support but fail to meet the statutory standard of significant scientific agreement. FDA’s strict application of the statutory standard was held to violate the First Amendment of the US Constitution, which protects against government infringement of speech that is not false or misleading. In response to those court decisions, FDA should develop a process for approval of qualified health claims; in order to attempt and describe the strength of the scientific evidence that supports a claim. Qualified health claims should be the subject of controversy in their own right. Some observers believe that qualified health claims are as likely to mislead as to inform consumers, and opposition to their use has grown to the point where Congressional representatives have asked FDA to stop approving them altogether. It remains to be seen how the controversy will be resolved, given that FDA’s current approach was essentially forced on it by the judiciary. (www.iflr.msu.edu/iflr/courses/united_states_food_laws) References: FDA gov Homepage – U.S Food and Drug Administration homepage; Retrieved form www.fda.gov January 19th, 2013 US FDA Food Regulations/FDA Beverage Regulations; Retrieved from www.registrarcorp.com/fda-food/index.jsp? January 20, 2013 Importing Food Products into the United States; Retrieved from www.fda.gov/Food/InternationalActivities/Imports/default.htm . January 20, 2013 United States – FDA Food Labeling Regulations; Retrieved from www.ladas.com/BULLETINS/1994/0694Bulletin/US_Food