Wednesday, November 27, 2019

Survival Tips For Small Businesses Essay Paper Example For Students

Survival Tips For Small Businesses Essay Paper Youmay be in Mail Order, Direct Mail, or you may be a localmerchant with 150 employees; whichever, however orwhatever youve got to know how to keep your businessalive during economic recessions. Anytime the cash flow ina business, large or small, starts to tighten up, the moneymanagement of that business has to be run as a tight ship.Some of the things you can and should do includeprotecting yourself from expenditures made on suddenimpulse. Weve all bought merchandise or services wereally didnt need simply because we were in the mood, orperhaps in response to the flamboyancy of the advertisingor the persuasiveness of the salesperson. Then we sort ofwake up a couple of days later and find that wevecommitted hundreds of dollars of business funds for an itemor service thats not essential to the success of our ownbusiness, when really pressing items had been waiting forthose dollars. If you are incorporated, you can eliminatethese impulse purchases by including in your by-laws aclause th at states: All purchasing decisions over (a certainamount) are contingent upon approval by the board ofdirectors. This will force you to consider any impulsepurchases of considerable cost, and may even be areminder in the case of smaller purchases. If your businessis a partnership, you can state, when faced with a buyingdecision, that all purchases are contingent upon theapproval of a third party. In reality, the third party can beyour partner, one of your department heads, or even one ofyour suppliers. If your business is a sole proprietorship, youdont have much to worry about really, because as anindividual you have three days to think about yourpurchase, and then to nullify that purchase if you think youdont really need it or cant afford it. While you may thinkyou cannot afford it, be sure that you dont short-changeyourself on professional services. This would applyespecially during a time of emergency. Anytime you commityourself and move ahead without completely investigatingall the angles, and preparing yourself for all thecontingencies that may arise, youre skating on thin ice. We will write a custom essay on Survival Tips For Small Businesses Paper specifically for you for only $16.38 $13.9/page Order now Regardless of the costs involved, it always pays off in thelong run to seek out the advice of experiencedprofessionals before embarking on a plan that could ruinyou. As an example, an experienced business consultantcan fill you in on the 1244 stock advantages. Gettingeligibility for the 1244 stock category is a very simpleprocess, but one with tremendous benefits to yourbusiness. The 1244 status encourages investors to putequity capital into your business because in the event of aloss, amounts up to the entire sum of the investment can bewritten off in the current year. Without the 1244classification, any losses would have to be spread overseveral years, and this, of course, would greatly lessen theattractiveness of your companys stock. Any businessowner who has not filed the 1244 corporation has in effectcut himself off from 90 percent of his prospective investors. Particularly when sales are down, you must behard-nosed with people trying to sell you luxuries for yourbusiness. When business is booming, you undoubtedly willallow sales people to show you new models of equipmentor a new line of supplies; but when your business is down,skip the entertaining frills and concentrate on the basics. Great care must be taken however, to maintain courtesyand allow these sellers to consider you a friend and callback at another time. Your companys books should reflectyour way of thinking, and whoever maintains them shouldgenerate information according to your policies. Thus, youshould hire an outside accountant or accounting firm tofigure your return on your investment, as well as theturnover on your accounts receivable and inventory. Suchan audit or survey should focus in depth on any or everyitem within your financial statement that merits specialattention. In this way, youll probably uncover any potentialfinancial problems before they become readily apparent,and certainly before they could get out of hand. Many smallcompanies set up advisory boards of outside professionalpeople. These are sometimes known as Power Circles andonce in place, the business always benefits, especially intimes of short operating capital. Such an advisory board orpower circle should include an attorney, a certified publicaccountant, civic club leaders, owners or managers ofbusinesses similar to yours, and retired executives. Settingup such an advisory board of directors is really quite easy,because most people you ask will be honored to serve. .u6e4714792bf177dc63a0bddc1d80a570 , .u6e4714792bf177dc63a0bddc1d80a570 .postImageUrl , .u6e4714792bf177dc63a0bddc1d80a570 .centered-text-area { min-height: 80px; position: relative; } .u6e4714792bf177dc63a0bddc1d80a570 , .u6e4714792bf177dc63a0bddc1d80a570:hover , .u6e4714792bf177dc63a0bddc1d80a570:visited , .u6e4714792bf177dc63a0bddc1d80a570:active { border:0!important; } .u6e4714792bf177dc63a0bddc1d80a570 .clearfix:after { content: ""; display: table; clear: both; } .u6e4714792bf177dc63a0bddc1d80a570 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u6e4714792bf177dc63a0bddc1d80a570:active , .u6e4714792bf177dc63a0bddc1d80a570:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u6e4714792bf177dc63a0bddc1d80a570 .centered-text-area { width: 100%; position: relative ; } .u6e4714792bf177dc63a0bddc1d80a570 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u6e4714792bf177dc63a0bddc1d80a570 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u6e4714792bf177dc63a0bddc1d80a570 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u6e4714792bf177dc63a0bddc1d80a570:hover .ctaButton { background-color: #34495E!important; } .u6e4714792bf177dc63a0bddc1d80a570 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u6e4714792bf177dc63a0bddc1d80a570 .u6e4714792bf177dc63a0bddc1d80a570-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u6e4714792bf177dc63a0bddc1d80a570:after { content: ""; display: block; clear: both; } READ: My Struggle With Self Confidence EssayOnce your board is set up, you should meet about once amonth and present material for review. Each meetingshould be a discussion of your business problems and aninput from your advisors relative to possible solutions. These members of your board of advisors should offer youadvice as well as alternatives, and provide you withobjectivity. No formal decisions need to be made either atyour board meeting, or as a result of them, but you shouldbe able to gain a great deal from the suggestions you hear. You will find that most of your customers have the moneyto pay at least some of what they owe you immediately. Tokeep them current, and the number of accounts receivablein your files to a minimum, you should call them on thephone and ask for some kind of explanation why theyrefalling behind. If you develop such a habit as part of youroperating procedure, youll find your invoices will magicallybe drawn to the front of their piles of bills to pay. Whilemaintaining a courteous attitude, dont be hesitant, or toomuch of a nice guy when it comes to collecting money. Something else thats a very good business practice, butwhich few business owners do is to methodically build acredit rating with their local banks. Particularly when youhave a good cash flow, you should borrow $100 to $1,000from your banks every 90 days or so. Simply borrow themoney, and place it in an interest bearing account, and thenpay it all back at least a month or so before its due. Bydoing this, you will increase the borrowing power of yoursignature, and strengthen your ability to obtain neededfinancing on short notice. This is a kind of business leveragethat will be of great value to you if or whenever your cashposition becomes less favorable. By all means, join yourindustrys local and national trade associations. Most ofthese organizations have a wealth of information availableon everything from details on your competitors to averageindustry sales figures, new products, services, and trends. Ifyou are given a membership certificate or wall plaque, youshould display these co nspicuously on you office wall. Customers like to see such seals of approval and feeladditional confidence in your business when they see them. Still another thing often overlooked: If at all possible, youshould have your spouse work in the business with you forat least three or four weeks per year. The important thing isthat if for any reason you are not available to run thebusiness, your spouse will be familiar with certain peopleand situations about your business. These people shouldinclude your attorney, accountant, any consultants oradvisors, creditors and your major suppliers. The long-termadvantages of having your spouse work four weeks peryear in your business with you will greatly outweigh theshort- term inconvenience. Many couples shareresponsibility and time entirely, which is in most cases evenmore desirable. Whenever you can, and as often as youneed it, take advantage of whatever free businesscounseling is available. The Small Business Administrationpublished many excellent booklets, checklists andbrochures on quite a large variety of businesses. Thesepublications are available through the U.S. GovernmentPrintin g Office. Most local universities, and many privateorganizations hold seminars at minimal cost, and oftenwithout charge. You should also take advantage of theservices offered by your bank and local library. Theimportant thing about running a small business is to knowthe direction in which youre heading; to know on aday-to-day basis your progress in that very direction; to beaware of what your competitors are doing and to practicegood money management at all times. All this will prepareyou to recognize potential problems before they arise. Inorder to survive with a small business, regardless of theeconomic climate, it is essential to surround yourself withsmart people, and practice sound business management atall times.

Sunday, November 24, 2019

Current U.S. Supreme Court Justices History

Current U.S. Supreme Court Justices History The United States Supreme Court- often referred to as SCOTUS- was established in 1789 by Article Three of the United States Constitution. As the highest U.S. federal court, the Supreme Court has discretionary appellate jurisdiction to hear and rule on cases decided by all lower federal courts and state court cases that involve federal law, as well as original jurisdiction over a smaller range of cases. In the U.S. legal system, the Supreme Court is the highest and final interpreter of federal laws, including the Constitution itself. Under federal law, the full Court consists of the Chief Justice of the United States and eight associate justices who are all nominated by the President of the United States and confirmed by the Senate. Once seated, Supreme Court justices serve for life unless they retire, resign, or are removed after being impeached by Congress. Why Nine Justices? The Constitution did not and still does not specify the number of Supreme Court justices. The Judiciary Act of 1789 set the number at six. As the nation expanded westward, Congress added justices as needed to deal with cases from the growing number of judicial circuits; from seven in 1807 to nine in 1837 and to  ten in 1863. In 1866, Congress- at the request of Chief Justice Salmon P. Chase- passed an act stipulating that the next three justices to retire would not be replaced, thus reducing the number of justices back to seven. By 1867, two of the three justices had retired, but in 1869, Congress passed the Circuit Judges Act setting the number of justices to nine, where it remains today. The same 1869 law created the provision under which all federal judges continue to receive their full salaries after retiring. In 1937, President Franklin D. Roosevelt proposed a substantial and controversial enlargement of the Supreme Court. His plan would have added one new justice for every existing justice who reached the age of 70 years and 6 months and refused to retire, up to a maximum of 15 justices. Roosevelt claimed he wanted to ease the stress of the Court’s growing docket on elderly justices, but critics saw it as a way for him to load the Court with justices sympathetic to his Great Depression-busting New Deal program. Calling it Roosevelt’s â€Å"court-packing plan,† Congress rejected the proposal. Nevertheless, having been elected years before the adoption of the presidential term-limiting 22nd Amendment, Roosevelt would go on to appoint seven justices during his 12 years in office. Current Supreme Court Justices The table below shows the current Justices of the Supreme Court. Justice Appointed In Appointed By At Age John G; Roberts(Chief Justice) 2005 G. W. Bush 50 Elena Kagan 2010 Obama 50 Samuel A. Alito, Jr. 2006 G. W. Bush 55 Neil M. Gorsuch 2017 Trump 49 Brett M. Kavanaugh 2018 Trump 53 Sonia Sotomayor 2009 Obama 55 Clarence Thomas 1991 Bush 43 Ruth Bader Ginsburg 1993 Clinton 60 Stephen Breyer 1994 Clinton 56 * On June 20, 2018, Justice Anthony Kennedy, a crucial swing vote on the Supreme Court, announced his retirement effective July 31, 2018. Kennedy’s departure gave  President Trump the opportunity to appoint his second Supreme Court justice during just his first two years in office.   On July 9, 2018, President Trump nominated 53-year-old Brett M. Kavanaugh to replace Justice Kennedy on the Supreme Court. Appointed to the United States Court of Appeals for the District of Columbia Circuit by President George W. Bush in 2003, Judge Kavanaugh is considered a conservative, thus setting up a probable Senate confirmation battle and possibly solidifying the court’s conservative majority for a generation. Though she recently announced her intention to serve through 2020, the now 85-year-old liberal-leaning Justice Ruth Bader Ginsburg is expected to be the next justice to retire. In announcing Judge Kavanaugh’s nomination, President Trump described him as â€Å"one of the finest and sharpest legal minds in our time,† and declared him a jurist who would apply the Constitution â€Å"as written.† In accepting the nomination, Judge Kavanaugh, who once clerked for Justice Kennedy, promised that as a Supreme Court justice, he would â€Å"keep an open mind in every case.† But he also declared that judges â€Å"must interpret the law, not make the law.† On Saturday, October 6, 2018, the Senate voted along party lines 50-48 in favor of confirming the nomination. Later the same day, Brett M. Kavanaugh was sworn in as the 114th Associate Justice of the U.S. Supreme Court by Chief Justice John Roberts in a private ceremony. A Brief History of the US Supreme Court or SCOTUS As the final and ultimate legal interpreter of the U.S. Constitution, the Supreme Court of the United States, or SCOTUS, is one of the most visible and often controversial organizations in the federal government. Through many of its landmark decisions, like banning prayer in public schools and legalizing abortion, the Supreme Court fueled many of the most passionately heated and ongoing debates in America’s history. The U.S. Supreme Court is established by Article III of the U.S. Constitution, which states, â€Å"[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.† Other than establishing it, the Constitution spells out no specific duties or powers of the Supreme Court or how it is to be organized. Instead, the Constitution empowers Congress and the Justices of the Court itself to develop the authorities and operations of the entire Judicial Branch of government. As the very first bill considered by the very first United States Senate, the Judiciary Act of 1789 called for the Supreme Court to consist of a Chief Justice and only five Associate Justices, and for the Court to hold its deliberations in the nation’s capital. The Judiciary Act of 1789 also provided a detailed plan for the lower federal court system merely alluded to in the Constitution as â€Å"such inferior† courts. For the first 101 years of the Supreme Court’s existence, the justices were required to â€Å"ride circuit,† holding court twice a year in each of the 13 judicial districts. Each of the then five justices was assigned to one of three geographical circuits and traveled to the designated meeting places within the districts of that circuit. The Act also created the position of U.S. Attorney General and assigned the power to nominate Supreme Court justices to the President of the United States with the approval of the Senate. The First Supreme Court Convenes The Supreme Court was first called to assemble on Feb. 1, 1790, in the Merchants Exchange Building in New York City, then the Nations Capital. The first Supreme Court was made up of: Chief Justice John Jay, from New York Associate Justices John Rutledge, from South CarolinaWilliam Cushing, from Massachusetts|James Wilson, from PennsylvaniaJohn Blair, from Virginia|James Iredell, from North Carolina Due to transportation problems, Chief Justice Jay had to postpone the first actual meeting of the Supreme Court until the next day, Feb. 2, 1790. The Supreme Court spent its first session organizing itself and determining its own powers and duties. The new Justices heard and decided their first actual case in 1792. Lacking any specific direction from the Constitution, the new U.S. Judiciary spent its first decade as the weakest of the three branches of government. Early federal courts failed to issue strong opinions or even take on controversial cases. The Supreme Court was not even sure if it had the power to consider the constitutionality of laws passed by Congress. This situation changed drastically in 1801 when President John Adams appointed John Marshall of Virginia to be the fourth Chief Justice. Confident that nobody would tell him not to, Marshall took clear and firm steps to define the role and powers of both the Supreme Court and the judiciary system. The Supreme Court, under John Marshall, defined itself with its historic 1803 decision in the case of Marbury v. Madison. In this single landmark case, the Supreme Court established its power to interpret the U.S. Constitution as the â€Å"law of the land† of the United States and to determine the constitutionality of laws passed by Congress and the state legislatures. John Marshall went on to serve as Chief Justice for a record 34 years, along with several Associate Justices who served for over 20 years. During his time on the bench, Marshall succeeded in molding the federal judicial system into what many consider to be todays most powerful branch of government. Before settling at nine in 1869, the number of Supreme Court Justices changed six times. In its entire history, the Supreme Court has had only 16 Chief Justices, and over 100 Associate Justices. Chief Justices of the Supreme Court Chief Justice Year Appointed** Appointed By John Jay 1789 Washington John Rutledge 1795 Washington Oliver Ellsworth 1796 Washington John Marshall 1801 John Adams Roger B. Taney 1836 Jackson Salmon P. Chase 1864 Lincoln Morrison R. Waite 1874 Grant Melville W. Fuller 1888 Cleveland Edward D. White 1910 Taft William H. Taft 1921 Harding Charles E. Hughes 1930 Hoover Harlan F. Stone 1941 F. Roosevelt Fred M. Vinson 1946 Truman Earl Warren 1953 Eisenhower Warren E. Burger 1969 Nixon William Rehnquist(Deceased) 1986 Reagan John G. Roberts 2005 G. W. Bush Supreme Court Justices are nominated by the President of the United States. The nomination must be approved by a majority vote of the Senate. The Justices serve until they retire, die or are impeached.  The average tenure for Justices is about 15 years, with a new Justice being appointed to the Court about every 22 months. Presidents appointing the most Supreme Court Justices include George Washington, with ten appointments and Franklin D. Roosevelt, who appointed eight Justices. The Constitution also provides that â€Å"[t]he Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.† While they have died and retired, no Supreme Court justice has ever been removed through impeachment. Contact the Supreme Court The individual justices of the Supreme Court do not have public email addresses or phone numbers. However, the court can be contacted by regular mail, telephone, and email as follows: U.S. Mail: Supreme Court of the United States1  First Street, NEWashington, DC 20543 Telephone: 202-479-3000TTY:202-479-3472(Available M-F 9 a.m. to 5 p.m. Eastern) Other Helpful Telephone Numbers: Clerks Office: 202-479-3011Visitor Information Line: 202-479-3030Opinion Announcements: 202-479-3360 Court’s Public Information Office For time-sensitive or urgent questions please contact the Public Information Office at the following number: 202-479-3211, Reporters press 1 For general questions that are not time-sensitive, email: Public Information Office. Contact the Public Information Office by US Mail: Public Information OfficerSupreme Court of the United States1 First Street, NEWashington, DC 20543

Thursday, November 21, 2019

Memoirs of a Geisha (the book) Essay Example | Topics and Well Written Essays - 1250 words

Memoirs of a Geisha (the book) - Essay Example Despite the destruction during the war, the country is rebuilt into a modern country under Western influence after the defeat of the Japanese empire. During this period of transformation, Siyura is also transformed, although her own transformation lags behind the changes happening in Japanese society. Siyura watches the modernization of Japan unfold through the changing home front during the war, increasing Western cultural influence, and the presence of American soldiers in a globalized world. Following the Meiji Restoration, Japan had undergone a dramatic transformation from a feudal society to an industrialized nation. Unable to protect itself from the European colonial powers, Japan was forced to abandon its agrarian society and industrialize (Swale 2009, 6). Although a great deal of focus was placed on modernizing the military, the cities in Japan changed as well to support this effort. Trains and motor vehicles were introduced to Japan in order to improve travel and the transportation of goods. Siyura even had the chance to travel by airplane (Golden 1997, 392), although the experience was not common at the time for Japanese citizens until later. Factories were built to produce manufactured goods. Being born in a small fishing village, Siyuras first introduction to the coming modern world is through her arrival in Kyoto. Arriving in the Gion quarter of Kyoto, Siyura can "hardly see the other side for all the people, bicycles, cars, and trucks" (Golden 1997, 35). The large crowded cities epitomized the entrance into the modern age. It was necessary to concentrate the populace in the cities in order to provide a workforce for the factories (Wilkinson 1962, 679). In contrast, it was necessary for people to be dispersed under the old agriculturally-based economy. The whole experience of seeing a large city for the first time was both shocking and frightening to Siyura (Golden 1997, 35). Through the process of

Wednesday, November 20, 2019

Antigone Essay Example | Topics and Well Written Essays - 5750 words

Antigone - Essay Example This study looks into â€Å"Antigone† by Sophocles that is about Antigone’s struggles with what she thinks is right versus what Creon believes is right. They have differences in what morality is about and who should define it. The play depicts the conflict between serving the state’s authority and observing one’s family duties. Creon makes a law that prevents Polyneices from having a proper burial, because he is a traitor to Thebes. He declares: Him I decree that none should dare entomb, That none should utter wail or loud lament, But leave his corpse unburied, by the dogs And vultures mangled, foul to look upon. Antigone, however, is willing to defy the king, so that she can bury Polyneices. For her, her family duties come first before her duties as a citizen. She reinforces her belief to Ismene, who tries to stop her in disobeying Creon: â€Å"At least he is my brother-and yours, too,†¦ I will not prove false to him†. Antigone thinks that the laws can be damned, if it means failing her brother. Another cause of moral conflict in the play is the conflict between duties to the gods and duties to the state. Creon stresses to his son Haemon that the former’s will represents the will of the state or Thebes: â€Å"The state, I pray,/It is not reckoned his who governs it?†. As a result, people must follow him, or else political instability will occur. Antigone undermines the need to obey Creon, when she prefers following the laws of the gods. The gods want the dead to be buried properly, so Antigone says: â€Å"Who traced these laws for all the sons of men;/Nor did I dee m thy edicts strong enough,/Coming from mortal man, to set at naught† ... The gods want the dead to be buried properly, so Antigone says: â€Å"Who traced these laws for all the sons of men;/Nor did I deem thy edicts strong enough,/Coming from mortal man, to set at naught† (Sophocles 495-497). For her, mortal laws are inferior to divine laws. The causes of these conflicts are deaths, where Antigone’s death starts a cycle of death in Creon’s family. When Antigone commits suicide, Haemon follows suit. Then, Haemon’s mother kills herself too. In the end, Creon only wanted to punish one woman for her insubordination, and yet he suffered the most, because all his loved ones died. The main causes of moral conflicts are differences in duties and laws. For Antigone, her duty to her family and the gods are more important than her civic duties. Divine laws are heavier for her than man-made laws. Creon, however, insists on the paramount importance of his laws and civic duties. The effects of his decree are deaths and his unhappiness. Work Cited Sophocles. Antigone. Web. 30 Jan. 2012. . Lesson 4 Journal Entry # 1 of 14 Journal Exercise 4.1: Essay Ideas Before you begin the reading for this section, brainstorm possible essay topics. You can choose any issue, situation, or event that catches your interest. Your textbook offers some general possibilities for topics on page 752. You should list at least five possible topics. Journal Entry Some of the five possible topics I have thought about are: 1) Causes and effects of moral conflict 2) Causes and effects of being an individualist 3) Causes and effects of being a ruler 4) Causes and effects of being a woman 5) Causes and effects of being a tyrant Lesson 4 Journal Entry # 2 of 14 Journal Exercise 4.2: Synopsis

Sunday, November 17, 2019

The Media and the Economics of Sport Essay Example | Topics and Well Written Essays - 1750 words

The Media and the Economics of Sport - Essay Example In addition the sports, culture and the media tends to represents entrenched and a taken for granted feature of the concept of late capitalism. There is no or little evidence that states that the blend of sports and media along with culture and the growth and emergence of new media would slow or decline in the future (Scherer, n.d, p. 84). During the nineteen century sports and media had become mass phenomena and therefore the two, sports and media have been parallel over the years. There exists a mutual relationship in between the two factors. However today’s in the modern world sports and media complex are a result of social developments and new technology. The system was developed through television as a means of conveyor of exhibition and exposure. With the commercialization of the television along with the growing competition from the audiences in new media have played a crucial role in enhancing the new media for sports. The appeal of sports has become so significant tha t it tends to fuel the changes which take place within the social institution such as journalism and broadcasting. Thus the value of sports has helped shape the structure and practice of media and similarly media facilitates the reformation of sports. It was in Britain that the relationship between media and sports was first developed. Media needs Sports Modern sports and the media are both multibillion businesses. Elite sports functions require mass media in order to underwrite and publicize them accordingly. The huge market of sport along with the equipment and merchandise to a very large extend is sustained by the media and its 24/7 sports coverage along with the economic infrastructure of the media which depends largely on the sports in order to make it large, create loyal readers, listeners, interactive consumers and also viewers. But the dynamics of synergy between sports and media is not without problems. The media has an influence only in ways how events are staged but also time of taking place. The media decides on the time and lace of an event to take place. When the Olympics sprinters started to run the race at 5 in the morning so that the people of New York could watch them in prime time which took place in the summer games in South Korea in the year 1988. This shows that the media have clearly exercised a certain degree of influence over sports which was not possible or unthinkable in the olden days. Thus the economic interest of media is evident from the advertisement which keeps on interrupting the event covered by television networks. But there are occasional backlash between sports and media. Some athletes sometimes accuse the media in particularly the television for taking things out of sports and altering the rules, structure and ethos. Corporate sponsorship is one of the key areas where the brand value of the sports is central to the relationship between sports and media. This has helped the sports organization along with the competitions t o be funded in the process of expanding identification, brand recognition and also loyalty from the sponsors. Thus the key to commercialization of sports with the help of celebrity

Friday, November 15, 2019

Analysis of Vietnams Economy

Analysis of Vietnams Economy Table of contents (Jump to) 1. Introduction 2. Why Vietnam – An overview 3. Theoretical literatures 3.1. Macroeconomic principles 3.2. Microeconomic principles 4. The level of unemployment and employment 4.1. Before the national reform – The beginning of the 1990s’ 4.2. After the national reform 5. Skills needed and skills gaps 5.1. Disadvantages 5.1.1. Low IT skill availability 5.1.2. Low English proficiency level 5.2. Advantages 5.2.1. High tech sector 5.2.2. Textiles and garments sector 6. Conclusion Bibliography 1. Introduction The trend of global outsourcing has accelerated the economic activities in developing nations. Developed nations countries have gained the economy of scales and performed major functions in the long-term basis. The advantages of outsourcing are to reduce business operation expenses and thus corporations can sustain competitiveness. The paper will discuss the Vietnamese economy, particularly skills needed and skills gaps, and the level of unemployment and employment. Some theoretical literatures will help explain the reasons and results of Vietnamese economic growth; the paper tries to access the underlying forces which have challenged Vietnam authority to change from the central control to the market economy. 2. Why Vietnam – An overview Vietnam officially becomes the 150th member in WTO (World Trade Organization) on 11th January 2007. In order to join WTO, Vietnam government has to change its political, infrastructure and economic principals to fulfill the requirements of this international organization. ‘A sustained boom, with annual economic growth consistently around 7%-8% since 2000, has transformed Vietnam. It is over 20 years since Vietnams ruling communists abandoned collectivism and embarked on their doi moi market-based reforms, not unlike those China adopted a few years earlier.’[1] Additionally, Vietnam economy has gradually changed in order to adapt and join the world economy. From the control economy as of the principal of the communist ideals, Vietnam has undergone the reform and has let its economy to react in accordance with the law of supply and demand. Accordingly, ‘Real GDP growth is forecast to be robust in 2007, at an average of 7% a year, and will be driven mainly by industrial expansion. Business sentiment and consumer confidence will remain resilient, boosting investment and consumption.’ [2] In fact, ‘Many Southeast Asian economies, namely, Malaysia, the Philippines, Singapore, and Vietnam are emerging as an outsourcing destination for some Fortune-500 companies.’ [3] The data from the Vietnamese economy has strongly reflected how outsourcing impacts on the level of unemployment and employment and skills needed and skills gaps, since the economy has moved so fast to the integration into the world economy. Vietnam has positioned itself as a primary host by luring more investment than other emerging economies and developing nations in the region in the late 1990s. It is overtaking the Philippines and Indonesia. ‘By 2002, Viet Nam was the third largest recipient of foreign direct investment (FDI) flows in ASEAN [Association of South East Asian Nations], behind Singapore and Malaysia, strengthening its position as a significant investment base. Viet Nam has therefore achieved a key position both in terms of prime investment host within the region, and as a recipient of intraregional inflows.’[4] 3. Theoretical literatures 3.1. Macroeconomic principles A concept of scarcity, relatively in relation to an entire country and its people, becomes a condition which individual producer and consumer have to face in every decision. The opportunity cost of each decision can be considered as subjective value that individual must scarify when making any decision for the next best alternatives. In Vietnam, the command economy has literally turned into material incentives to allocate resources. The Vietnamese government has used its fiscal power, to influence the allocation of labor resources in the market economy to deal with unemployment rates and national outcomes. The Vietnamese economy, in term of the unemployment level, has reflected and responded to the law of supply, demand and material incentives. The questions are of what, how and for whom have been reflected as the economic movement away from the central control to the market economy. The global outsourcing wave has created many opportunities as well as challenges for Southeast Asia, specifically Vietnam. Government functions can quite fit into categories, in tem of macro economic view, in term of regulation. In the microeconomic theory of a firm, an economy’s scare, benefit externalities can arise in the case of information, innovation, and productivity. 3.2. Microeconomic principles A concept, namely economies of scale, has been applied in the long-run average cost. In order to keep a firm’s long-run average cost reduces as output increases, multinational firms are experiencing economies of scale. ‘The main reason for long-run scale economies is the underlying pattern of returns to scale in the firm’s long-run production function.’[5] Scale economies might result from many determinants. Specialization in the use of labor is a possible reason for economies of scale. Regardless of how the market price has reacted in the short-run results in economic profit, the normal profit and a loss for competing firms, economic theory has stated that ‘ in the long run, the market price will settle at the point where these firms earn above a normal.’[6] In fact, in long run, firms have time to vary their fixed factors and costs of production. As a result, a number of multinational corporations have decided to relocate to all parts of Southeast Asia, where wages are lower to reduce the production cost. Manufacturing companies can benefit from the move to lower-wage countries A thriving software development sector has emerged in India, and the wave has come to Southeast Asia. ‘The learning curve is the line showing the relationship between labor cost and additional units of output. Its downward slop indicates that this additional cost per unit decline as the level of output increases because workers improve with practice.’[7] Nevertheless, the low level of IT knowledge and skill accessibility and availability hinders the foreign investors’ considerations at first. Additionally, the infrastructure related to IT network has remains a primary hurdle for the growth of Vietnam as an offshore center for IT service centers. Microeconomics has many multinational focuses on individual industry sector. Reducing operation expenses, taking advantage the economies of scales and sustaining opportunity costs will help a company in an industry, especially IT and textile and garments sector, stay competitive. 4. The level of unemployment and employment 4.1. Before the national reform – The beginning of the 1990s’ Majority of young Vietnamese had encountered hard time to find jobs. The government had to abandon its utopian socialism of providing jobs for everyone in the early 1980s. [8] Its mismanagement and the American embargo had put a stop to international aids and business activities from the West. In the beginning of the 1990s, the communist party, under pressure of the collapse of the communist world and impacts of Chinese phenomenon, ‘it had granted more freedom to the private sector, which as too small to absorb the 1.2 million young people who enter the job market each year. Many had even look for their first jobs at least three to five years. Some even looked for more than a decade without success.’ [9] ‘With unemployment at about 20% in a population of 65 million, Vietnam is particularly eager to attract high-technology enterprises that use skilled labor and labor-intensive businesses utilizing Vietnamese materials and natural resources.’[10] Coupling with no job, boredom resulted in the lack of recreational facilities and drove many individuals to engage in crime to get more money in order satisfy their wants. The embargo was stopped in the end of the 1990’s and the economic reform consequently has brought the inflow of consumer goods, impacted on the consumerism and materialism from the West. The growing expectations of more consumer products during the time Vietnam was thought as of one of the poorest nations in the world. In short, fiscal policy had caused severe impacts on Vietnam economy, since the government interfered and watched closely any business activities and interactions of the economy. 4.2. After the national reform The rapid advancement of information and communication technology has connected many companies worldwide and outsourced some of these functions to low-cost location oversea. Based on geographical differences and diversified locations, Vietnam is in line with its competitive advantage. This phenomenon has happened in Vietnam, and the Vietnamese economy has been beneficiary from this reform. Many multinational corporations have adopted global outsourcing in developed economies. This trend has led to enormous redistributions of jobs and restructured many economic activities in the world. Vietnam has been beneficiary from this, emerging as a major outsourcing destination due to low-cost operation. ‘Thus, in the services sector, thousands of jobs have been migrating from the United States, Japan, and some OECD (Organization for Economic Cooperation and Development) countries to India, China, Singapore, Malaysia, the Philippines, and other developing countries in Asia’,[11] including Vietnam. Although unemployment rates vary by geographical location, all the global integration and global outsourcing trend has result in lower unemployment rate. Vietnam has tried to sustain competitive in the race for becoming the destination of global outsourcing. 5. Skills needed and skills gaps 5.1. Disadvantages 5.1.1. Low IT skill availability Nowadays, IT in operation and management is important, especially information structure for multinational companies worldwide. The IT advantages can help eliminate human error, time saving, reduce procedural document, improve efficiency and increase profitability overall. The tangible advantages of e-commerce and IT infrastructure have been broadly identified at internal operation as well as external users. However, isolated itself from the developed world for many decades, Vietnam has low IT skills in which most of the work might happen through subcontracting rather FDI. Compared with countries in the regions, such as Singapore, Thailand, Malaysia, the speed of automation, development of new technology and know-how in operations and management requires relevant skills and knowledge for staff to do their work. ‘The country is hampered by the scarcity of professionals competent enough to handle complex IT applications and processes.’[12] It has positioned itself to attract offshore business movements favorable to its economies. Vietnam has a high stake in the recent global outsourcing wave. 5.1.2. Low English proficiency level ‘However, inadequate infrastructure and lack of English proficiency have affected its prospects of becoming an attractive destination for IT outsourcing.’ [13] Dominated by India, Vietnamese employees need to enhance their English ability in order to avoid communication misunderstanding at work. Compared with countries in the region, such as Singapore, Malaysia and the Philippines, Vietnam has lower levels of English proficiency. The challenges for Vietnam to keep its competitive advantage are immense. Vietnam needs to invest in human resource and knowledge-based infrastructure to attract more FDI in order to sustain the financial inflows. 5.2. Advantages 5.2.1. High tech sector Currently these transitional corporations have integrated their worldwide operations and concentrated their business operations in well-selected locations in order to take advantages of the economy of scales. ‘IT companies, namely, Anheuser Busch, Bayer, Cisco, IBM, Nortel Networks, and Sony are outsourcing software development projects to Vietnam either directly or through third-party developers with an onshore presence in the United States and Europe.’ [14] ‘Moreover, IT companies in Vietnam retain key staff and keep project teams together for months at a time, thereby maintaining low rates of attrition.’ [15] As a result, this situation helps ensure familiarity and stability between customers and contractors, which consequently deliver a confident message for the foreign investors. During short-run, a company can vary many of certain resource, especially labor cost; however, in long run any firm, able to vary quantities of all resources, can maximize its profit, although it has to sacrifice its short run to speculate long-run profit growth. In fact, outsourcing can create more job opportunities for Vietnam, even if offshore activities have been taken placed by the affiliates or subsidiaries. This wave then will generate essential growing FDI flows from service field to the manufacturing field. ‘In IT outsourcing, Vietnam has a cost advantage over other Southeast Asian countries, in terms of salary of IT professionals.’ [16] Although Vietnam starts welcome FDI later than its neighbor countries, early investment in ASEAN become attractive due to low labor cost related to the production and operation expenses. The corporate global links have come with the market penetration have reflected this new wave. 5.2.2. Textiles and garments sector The textiles and garments sector in fact become dominated by international subcontracting arrangements. The operation chain is segmented in accordance with available materials, proper procedures and the end users’ demand. ‘Certainly, as increasing numbers of low-income countries enter the world economy, economic development posited on cheap, low-skilled labor is no longer a viable option for Viet Nam.’ [17] The profit-maximization hypothesis, which a multinational company can pursue in term of market share, turnover growth, return on investment, technology, and shareholder value, can strategize different managerial decisions. ‘Sample firms stressed the relatively high education levels and quality of Vietnamese workers and recognized how far they and the country had come in a short time (a little over a decade). Viet Nam remarked that the quality and productivity awareness of Vietnamese workers is higher than any other developing Asian country, including Peoples Republic of China.’ [18] Since textiles and garments sector is a labor-intensive manufacturing sector, a new comer, such as Vietnam, has intriguing the investors due to orientation of international trading agreements, and avoiding dumping tariffs imposed from imported nations. 6. Conclusion Competitiveness and efficiency become crucial determinants of any company, industry and national economy. The above analysis has discussed in accordance with movement of Vietnam economy, under the impact of macro and micro views. Vietnam has tried to achieve comparative and competitive advantages in international market. The development strategies are good indicators for comprehensive and long-term planning of the authority. Vietnam has opened its economy to the world, joining ASEAN, APEC (Asia Pacific Economic Cooperation), and recently WTO. Such practices have been harmonized with the tendency of the economic integration and recent globalization. Lower unemployment rate and higher professional skills will surely happen in Vietnam. Bibliography ‘Asia: Plenty to smile about; Vietnam’ 2007, The Economist, London, no. 382, no. 8522,31 March, p.76, viewed 1 May 2007, http://ykien.net/blog> ‘Vietnam: Country forecast summary’ 2007, EIU ViewsWire, New York, 27 February, viewed 1 May 2007, http://www.economist.com/countries/Vietnam/profile.cfm?folder=Profile-Economic Data> Fox, T 1989, ‘Come Ye Back To Mandalay’, Financial World.New York, vol. 158, no. 10, 16 May,p.38. Hiebert, M 1991, ‘The Drop-Out Factor: An Education Crisis Follows Economic Reforms; No Jobs for the Boys: Young Face Long-Term Unemployment Despite Reforms’, Far Eastern Economic Review, Hong Kong, 19 September. Keat, GP Young KYP 2000, Managerial Economics – Economic Tool for Today’s Decision Makers, Prentice Hall, New Jersey, United States, pp. 320-390. Keat, GP Young KYP 2000, Managerial Economics – Economic Tool for Today’s Decision Makers, Prentice Hall, New Jersey, United States, p. 322, viewed 1 May, http://www.safarix.com/0131860151/ch07lev1sec6> McDougall, P 2005, ‘Vietnam may be cheapest, but India is still a bargain’, InformationWeek,Manhasset, no. 1042, 6 June, p.20, viewed 1 May 2007, http://www.asiafinest.com/forum/index.php?act=Printclient=printerf=17t=95266> Mirza, H Giroud, A 2004, ‘Regional Integration and Benefits from Foreign Direct Investment in ASEAN Economies: The Case of Viet Nam’, Asian Development Review, Manila, vol. 21, no. 1, p.66 Sen, R Islam, MS 2005-2006, ‘Southeast Asia in the global wave of outsourcing: trends, opportunities, and challenges’, Regional Outlook, Southeast Asia, Singapore, p.75. Page 1 [1] ‘Asia: Plenty to smile about; Vietnam’ 2007, The Economist, London, no. 382, no. 8522,31 March, p.76, viewed 1 May 2007, http://ykien.net/blog> [2] ‘Vietnam: Country forecast summary’ 2007, EIU ViewsWire, New York, 27 February, viewed 1 May 2007, http://www.economist.com/countries/Vietnam/profile.cfm?folder=Profile-Economic Data> [3] Sen, R Islam, MS 2005-2006, ‘Southeast Asia in the global wave of outsourcing: trends, opportunities, and challenges’, Regional Outlook, Southeast Asia, Singapore, p.75. [4] Mirza, H Giroud, A 2004, ‘Regional Integration and Benefits from Foreign Direct Investment in ASEAN Economies: The Case of Viet Nam’, Asian Development Review, Manila, vol. 21, no. 1, p.66 [5] Keat, GP Young KYP 2000, Managerial Economics – Economic Tool for Today’s Decision Makers, Prentice Hall, New Jersey, United States, p. 331. [6] Keat Young, 2000, p. 371 [7] Keat Young 2000, p. 322 [8] Hiebert, M 1991, ‘The Drop-Out Factor: An Education Crisis Follows Economic Reforms; No Jobs for the Boys: Young Face Long-Term Unemployment Despite Reforms’, Far Eastern Economic Review, Hong Kong, 19 September. [9] Hiebert, 1991. [10] Fox, T 1989, ‘Come Ye Back To Mandalay’, Financial World.New York, vol. 158, no. 10, 16 May,p.38. [11] Sen Islam, 2005-2006. [12] McDougall, P 2005, ‘Vietnam may be cheapest, but India is still a bargain’, InformationWeek,Manhasset, no. 1042, 6 June, p.20, viewed 1 May 2007, http://www.asiafinest.com/forum/index.php?act=Printclient=printerf=17t=95266> [13] Sen Islam 2005-2006. [14] Sen Islam 2005-2006. [15] Sen Islam 2005-2006. [16] Sen Islam 2005-2006. [17] Mirza Giroud, 2004 [18] Mirza Giroud, 2004

Tuesday, November 12, 2019

managed healthcare of the elderly

Changes occurring in Health care delivery and Medicine are the result of social, economical, technological, scientific forces that have evolved in the 21st century. Among the most significant changes are shift in disease patterns, advanced technology, increased consumer expectations and high costs of health care. These factors have redefined medical practices to fit into the changing health delivery system. Thus, medical profession is ‘Accountable’ to the society. i.e,obliged to the laws regulating the professional activity. This ‘accountability’ is usually spelt out in â€Å"patient Care Documents† established by hospital associations and medical associations or councils of every country. In addition, medical profession has defined its standards of accountability through a formal code of ethics. There has been a recent significant increase in the number of elderly patients in palliative care units of hospitals in U.S.A and every healthcare delivery system aims to provide the elderly community in need of many services including physical therapy, speech therapy and chemotherapy due to many disabling and terminal diseases. But most of these elderly patients prefer to receive their end life care in a hospice rather than in palliative care units of hospitals. HOSPICE –A MANAGED HEALTHCARE FOR THE TERMINALLY ILL  Ã‚  Ã‚  Ã‚  Ã‚  ELDERLY PATIENTS Hospice is a coordinated programme of inter disciplinary care provided primarily in the home of the terminally ill patients. The palliative care is the comprehensive care for patients whose disease is not responsive to cure and hence are terminally ill. In the past two decades there has been a study of enormous magnitude in the palliative care segment and various factors have been identified like, respecting patient’s goals, preferences and choices, attending to the medical, emotional, social and spiritual needs of the person, using strengths of interdisciplinary resources, acknowledging and addressing concerns and building mechanisms and systems of support. Many terminally ill elderly patients suffer only when they do not receive adequate care for the symptoms accompanying their serious illness. This is significant in the changing health care scenario where the patient is well informed, has the right to accept or refuse a treatment, issue advance directives and even appoint a proxy directive. Managed care for the elderly population is relevant in the present day health scenario where euthanasia and physician assisted deaths have found a legal niche as in the State of Oregon. THE MANAGED CARE ADVANTAGE Any health care delivery system is  primarily committed to the principles of patient self-care on the principles of Dorothea Orem (1971) with emphasis on client’s self-care needs. Self-care, according to Orem, is a learned, goal-oriented activity directed towards the self in the interest of maintaining life, health, development and well being. The ultimate emphasis of Orem’s theory is on client’s self care. Accordingly, care is needed when the client is unable to fulfill biological, psychological, developmental or social needs and the health care giver determines by duty why a client is unable to meet the needs or what must be done to enable the client to meet them. Health care of elderly population demands enormous resources of time, energy and money. Hence, every family looks up to any such programs with some faith element. Care of terminally ill population is   still more stressful for the family in a hospice setting and any hospice setting requires a inter disciplinary care provided primarily in the home of the terminally ill patients. Such patients are usually immobilized and it is not medically advisable to take them to a hospital for therapies. Thus, the significance of the services being taken to the patient’s home, especially the elderly, by health care organizations is the need of the hour and future with the time constraints faced by many families in the super fast world in taking these elderly people for a regular therapy, the advantages the patients get in terms of pain relief, effective communication capacity and symptom relief. This feature distinguishes the program from the rest of the health care programs that are currently available. The implementation schedule, i.e., the chronological sequence of events and activities that need to be achieved over a defined period of time to achieve the Goals and Objectives has to be defined by the Organizational Structure of the healthcare delivery system which identifies and describes the role of individuals, and their relationships in the system, who are key to the success of the program. THE DISADVANTAGE There is a perennial shortage of occupational, physical and speech therapists in the health care system in the USA. Thus, there is a growing demand and proportional short supply of professionals. Cognitive impairments pose a serious barrier on the reliability of geriatric assessments (Weiner et.al, 1999). Some of these patients may be marginally competent and some may be incompetent. Effects of cognitive impairment on the reliability of geriatric assessments has been studied recently to explore the relationship between cognitive status and reliability of multidimensional assessment data. The studies have proved that the reliability of the patient’s communication and sensory ability are affected by cognitive status. Thus, any such program aimed at the elderly population should be implemented with care with documented informed consent. REFERENCE Addington Thomas et.al, ‘Ethics and communication with the Terminally ill’, Vol 7(3), 267-281, 1995, Health Communication. Anderson Christina et, al, ‘Continuous Video recording; a new clinical research tool for studying the nursing care of cancer patients, Journal of Advanced Nursing, Vol 35(2), 257, July 2001. Astudillo Wilson et, al ‘How can relations be improved between the family and the support team during the care of terminally ill patients?.’ Supportive Care in Cancer Vol 3(1), 72-77, Jan 1995. Barrington Dianne et, al, ‘Facilitating communication and interactional skills with terminally ill patients’ -Teaching and Learning Forum 97, Australia. Chochinov Harvey Max et.al, ‘Prognostic awareness and the terminally ill’, Psychosomatics, Vol 41, 500-504, Dec 2000. Weiner D et, al, ‘Chronic pain associated behaviors in the nursing home : resident verses care giver’s perceptions’, Pain, Vol 80(3), 577-88, Apr 1999.

Sunday, November 10, 2019

Undue Influence

As James Munby firmly stated, â€Å"it is impossible to define, and difficult even to describe, at what point at which the influence becomes, in the eye of law, undue. † The doctrine of undue influence has been agreed upon as â€Å"the ground of relief developed by the courts of equity as a court of conscience. † It is an ordinary behaviour to influence individuals and persuade them to enter into transactions. However, the aim is to ensure that the influence exercised is not abused.On the grounds of these concepts, it is impossible to set a flawless higher definitive criterion to be directly applied in every case to recognize whether undue influence had been exercised or not. Attempting to do that has been problematic. Firstly, courts have not been able to always distinguish between undue influence and unconscionability dealing. Secondly, titles categorizing undue influence as either â€Å"claimant-sided† or â€Å"defendant-sided† have not been successful in presenting undue influence as an independent doctrine.Thirdly, subdividing undue influence into categories and setting rules under them increased the possibility of misconceptions arising. Since undue influence is an equitable doctrine, the criteria set to define it ought to only provide a framework for judges to exercise their jurisdiction. Hence, it allows them to assess cases flexibly based on the particulate facts provided rather than looking at undue influence as a common law doctrine and applying the rules set strictly.A main difficulty in attempting to set a comprehensive definitive description of undue influence is its numerous resemblances with the unconscionability notion. The usage of the word â€Å"unconscionable† in describing undue influence has established an opinion that it is based on the Unconscionability Bargains doctrine. Furthermore, misconception can be recognized in the case Lloyds Bank Plc v Lucken, where Mr. Lucken had pressured Mrs. Lucken to obta in a loan using her house’s security. Mrs. Lucken ultimately agreed to Mr. Lucken’s request, and the money was lent to one of Mr.Lucken's eventually failing businesses. She later claimed that the charge was impeachable because Mr. Lucken had exercised undue influence upon her. The Court of Appeal refused relief disputing that the pressure placed was not â€Å"unconscionable. † Tending to define undue influence in an excessive precise manner using the word â€Å"unconscionable† has rather caused confusion and difficulty in terms of separating it from unconscionability dealing. Therefore, even if the two doctrines share similarities, they should still be distinguished.Undue Influence is concerned with â€Å"the quality of the consent or assent of the weaker party,† while unconscionable dealing is concerned with â€Å"the conduct of the stronger party in attempting to enforce, or retain the benefit of, a dealing with a person under a special disabili ty in circumstances where it is not consistent with equity. † Legal certainty requires that they be distinct; hence there should not be an attempt to limit undue influence under a precise definition unless it would be used to represent and clarify that it is an independent doctrine.There has been an ongoing debate on whether undue influence is categorized as a â€Å"claimant-oriented† or â€Å"defendant-oriented† doctrine. The defendant approach suggests that it is â€Å"illegitimate† or â€Å"unconscionable. † As Lord Hoffman stated in R v Attorney-General for England and Wales, â€Å"undue influence has concentrated in particular upon the unfair exploitation by one party of a relationship which gives him ascendancy or intense over the other. † Including â€Å"unacceptable means† and â€Å"unfair exploitation† within the definition makes it powerfully appear as defendant focused.Furthermore, claimant-sided orientation defines t he influence as being â€Å"overbearing† and â€Å"too high. † It originally aimed to differentiate unconscionability from undue influence, but rather obliquely connected it to another doctrine. It was pointed by Birks and Chin when they said, â€Å"Some jurists will still be attracted by the simplicity of the defendant-sided analysis, and they will point out, correctly, that the number of cases in which there is no unconscionable behaviour is very small†¦If there are two doctrines, there are two doctrines†¦The correct approach will be to treat both undue influence and duress as plaintiff-sided factors which ground relief based on a degree of impairment of the plaintiff's capacity to make decisions. † Even though they tend to separate the two doctrines, they still tend to relate it to duress. A new approach can be taken -that presents undue influence as a flexible doctrine- including the presence of flaws within the claimant and defendant oriented defi nitions.It can be said that undue influence can be both â€Å"excessive† (claimant-focused) and used in an â€Å"improper† or â€Å"unconscionable† manner (defendant-focused) depending on the facts of the case. Some of cases set under presumed undue influence had been miscategorised after directly applying the rules rather than interpreting the facts valuably. To prove that presumed undue influence has been exercised, the claimant has to establish â€Å"a relationship of trust and confidence† and consequently prove a â€Å"transaction that calls for an explanation. Scepticism is apparent, as shown by Lord Browne Wilkinson when he describes those certain relationships as â€Å"a matter of law [that] raise the presumption that undue influence has been exercised. † In other words, the relationship itself might give rise to a presumption of undue influence as applied under the two requirements. It should be observed each relationship should be interpr eted individually rather than being grouped into a certain type. If jurists apply the rules rigorously, they will only be; as Lord Nicholls refers to in Etridge, presuming that influence exists.Presumed undue influence taxonomy appears to have characteristics that divert undue influence from its essence meaning. It had been subdivided into firstly, â€Å"certain relationships as a matter of law raise the presumption that undue influence had been exercised,† and secondly, that â€Å"the complainant proves the existence of a relationship under which the complainant generally reposed trust and confidence in the wrongdoer. † Even if certain relationships do fall under the categories, they should not override the evidence set in the case facts that show whether undue influence has been exercised.It is supported by Lord Nicholls of Birkenhead when he says, â€Å"The types of relationship, such as parent and child, in which this principle falls to be applied, cannot be liste d exhaustively. Relationships are infinitely various†¦It would be absurd for the law to preserve that every gift by a child to a parent, or every transaction between a client and his solicitor or between a patient and his doctor, was brought about by undue influence. † Due to the flaws within their definitions, the subdivisions set under presumed undue influence would only aid in describing the various parameters of previous cases.However, once jurists intend to view them as firm rules that should be applied to any case that seems to relate to a certain criteria, they will be contradicting the overall idea that the doctrine is equitable. Flaws within the definition of actual undue influence caused it to overlap with other doctrines, hence emerging to misinform its overall implication. In Royal Bank of Scotland plc v Etridge , Lord Hobhouse defined it as â€Å"an equitable wrong committed by the dominant party against the other which makes it unconscionable for the domina nt party to enforce his legal rights against he other. † Also, Lord Nicholls emphasized that uncertainty builds up after subdividing the doctrine to actual undue influence, as it â€Å"compromises overt acts of improper pressure over or in such as unlawful threats. † Thus, it has â€Å"much overlap with the principle of duress as this principle has subsequently developed. † Flaws within the definition are evident, since it doesn’t seem to directly reflect a complete definition of undue influence that doesn’t overlap with other doctrines.Furthermore, in Bank of Credit and Commerce International SA v Aboody, the Court of Appeal dismissed the appeal because it had not been shown that the transactions were manifestly disadvantageous to Mrs. Aboody, because even though Mr. Aboody had unduly influenced her, he had not acted with any improper motive. It appears that the Court of Appeal; after recognising that the case is similar with others which had previ ously been classified as actual undue influence cases, had directly applied the rules set strictly under it without recognising that equity cases are variant and can be each judged valuably by their unique facts.The nature of the requirement â€Å"manifestly disadvantageous† was not used as its originator Lord Scarman had intended. This had been shown in the earlier case Bank of Credit and Commerce International SA v Aboody. â€Å"In a narrow sense, such a transaction plainly ‘manifestly' is disadvantageous to the wife. She undertakes a serious financial obligation, and in return she personally receives nothing. But that would be to a relationship of solicitor and client or medical advisor and patient, in the case of husband and wife there are intent reasons why such a transaction may well be for her benefit. The latter extract added the factor of â€Å"intention. † Intention appears to be a subjective matter that would be proven under the facts of a certain cas e, rather than applying the rules set under the categories of undue influence. Such cases therefore, â€Å"cannot be approached solely on a mathematical basis: it involves a value judgment. † This directly relates to the original nature of undue influence, where its flexibility should be granted rather than it being applied under regulations.The label â€Å"manifestly disadvantageous† should not be rejected, but only be set to clarify possibilities of what Lords may adopt in certain undue influence cases as Lord Scarman has proposed in National Westminster Bank Plc v Morgan. Overall, since it is a well vitiated concept known to be an equitable jurisdiction, courts should apply the doctrine of undue influence flexibly based on the facts of the case. There have been many subdivisions and titles that were set under undue influence. Firstly, arguments on whether undue influence is claimant-oriented or defendant-oriented.Secondly, divisions that are known as actual and pres umed undue influence (as well as subdivisions and requirements under them). Such criteria can be useful in describing the different parameters on what undue influence is generally all about. However, if the intention is to use it strictly to decide whether undue influence has been exercised or not, the flaws within their definitions might lead to misconceptions. Accordingly, returning to the basic definition that has been agreed upon would reduce the bewilderment and increase the possibilities that courts make correct jurisdictions. ——————————————- [ 2 ]. Bank of Scotland v Bennett [1997] 1 F. L. R. 801. [ 3 ]. Stone R. and Cunnington, R. : Text, Cases and Materials on Contract Law ( Routledge-Cavendish, Oxon 2007) 749 [ 4 ]. Devenny and Chandler , Unconscionability and the Taxonomy of Undue Influence [2007] JBL 541 [ 5 ]. [1998] 4 All E. R. 738 [ 6 ]. Devenny and Chandler , Unconsciona bility and the Taxonomy of Undue Influence [2007] JBL 541 [ 7 ]. Stone R. and Cunnington, R. : Text, Cases and Materials on Contract Law ( Routledge-Cavendish, Oxon 2007) 753 [ 8 ]. ibid 752 [ 9 ]. [2003] UK PC 22 [ 10 ]. McKendrick, E.Contract Law (6th edn Palgrave MacMillan, New York 2005) [ 11 ]. Stone R. and Cunnington, R. : Text, Cases and Materials on Contract Law ( Routledge-Cavendish, Oxon 2007) 752 [ 12 ]. Birks, P and Chin, NY, â€Å" On the nature of undue influence† , in Beatson, J and Friedmann, D (eds), Good Faith and Fault in Contract Law ( Clarendon, Oxford 1995) 95 [ 13 ]. ibid 758 [ 14 ]. Barclays Bank v O'Brien [1994] A. C. 180 at 189 [ 15 ]. Enonchong, N. â€Å"Presumed undue influence: continuing misconceptions? † (2005) LQR (accessed 12 December 2008) [ 16 ]. Royal Bank of Scotland plc v Etridge [2002] 2 AC 773 [ 17 ]. Stone R. and Cunnington, R. Text, Cases and Materials on Contract Law ( Routledge-Cavendish, Oxon 2007) 758-759 [ 18 ]. Royal Bank of Scotland plc v Etridge [2002] 2 AC 773 [ 19 ]. [2002] 2 AC 773 [ 20 ]. McKendrick, E. Contract Law   (6th edn Palgrave Macmillan, New York 2005) 365 [ 21 ]. ibid [ 22 ]. [1990] 1 Q. B. 923 at 953 [ 23 ]. Stone R. and Cunnington, R. : Text, Cases and Materials on Contract Law ( Routledge-Cavendish, Oxon 2007) 756-757 [ 24 ]. Collins , H. The Law of Contract (4th edn LexisNexis, London 2003) 144-145 [ 25 ]. Devenny and Chandler , Unconscionability and the Taxonomy of Undue Influence [2007] JBL 541 [ 26 ]. [1985] 1 AC 686 at 709

Friday, November 8, 2019

Salon Management System Essay Example

Salon Management System Essay Example Salon Management System Paper Salon Management System Paper CHAPTER I INTRODUCTION BACKGROUND OF THE STUDY According to Franklin (2013), Management Information System is an organization that requires managing themselves that provides information efficiently and effectively. Management Information System are computer systems that used for managing five primary components which are Hardware, Software, Data, Procedures, and People including individuals, groups or organization. One of the examples of the Management Information System is Salon Management System. A beauty salon or beauty parlor is an establishment dealing with cosmetic treatments for men and women (Thompson, 2013). Salon Management includes stock control maintaining customers stock, product inventory and your staffs payroll. It is very difficult to manage a salon using the manual system that Salon now a days is using. Salon managers have been facing various problems with regards of manually managing a salon. Manually managing a salon may lead to possible loss of records and retrieving files. In using manual system, the payroll of the employee can be difficult to record. The monitoring of equipments use in manual system is not efficient. Too much papers works is also a problem in using the manual system. Edwin B. Samots salon is till using the manual Management System. Their manual transaction dont include receipt and they Just noted it in a notebook or record book. They also used manual inventory and manual payroll system. It demands too much paper works and may sometimes lead to loss of records. In using the manual Management System, there are disadvantage for the Salon. As said, Edwin B. Samots Salon doesnt include receipt in their transaction. They Just noted it in a notebook. Sometimes the records that are indicated in the notebook may not be accurate. The manual product inventory may not be efficient because not every time the manager dont check it egularly. The manual payroll is also difficult to handle because it is not accurate. The purpose of this study is to develop a Salon Management System for Edwin B. Samot Salon to avoid the inaccurate and inefficient manual system. Using the computerized Salon Management System will help perform task in an easy and organized way. OBJECTIVES OF THE STUDY General Objective: The general objective of the study is to develop Management System for Edwin B. . To design a Management System for Edwin B. Samot Salon-Dasmarinas Branch with the following features: Database for members Inventory and Product Information Sales Reporting Payroll for Employees Point of Sale 2. To create construct the system as designed. 3. To test and improve the developed system. 4. To evaluate the performance of the developed system. SCOPE AND LIMITATIONS OF THE STUDY This study involves the development of Management S ystem for Edwin B. Samot Salon-Dasmarinas Branch which will be used by the Salon manager. The system will be use for daily transaction of the salon. It will also be use for the reports of sales, client records, equipments and products information and payroll for the employees. This system will help the salon to have an organized management system. Their records will be easy to retrieve and it will avoid the possible loss of records. Their transaction to their customer will be accurate. It will also help in monitoring their equipments used every day. This system will use Visual Basic 6. 0. And for the database, it will use Microsoft Access. However, the study is limited to the Edwin B. Samot Salon-Dasmarinas Branch only. The salon manager and the salon cashier will be the allowed operators. This system will not include the appointment schedule of the clients. It will not accept credit cards and it will not use barcodes for the products. SIGNIFICANCE OF THE STUDY The Salon manager of Edwin B. Samot Salon-Dasmarinas Branch will benefit from this study. It will make his work easier. The Salon manager can manage the salon in a better way. The day to day activities in your salon will perform conveniently. It involves managing clients, which can issue receipt every transaction and automatically save records containing information about the history of the services that you have provided to a customer. It also involves the monitoring of products and equipments that the salon use every day. The payrolls of the employee of the salon CHAPTER II CONCEPTUAL FRAMEWORK REVIEW OF RELATED LITERATURE CONCEPTUAL MODEL OF THE STUDY On the basis of the foregoing concepts, Theories and findings of related literature, studies presented and insights taken from them, a conceptual model is developed as shown below. INPUTS Knowledge Requirements A. Services Offered by the Salon B. Product Information C. Sales Reporting D. Payroll Computation/Formula Software Requirements A. Visual Basic 6. 0 B. MS Access C. Adobe Photoshop Hardware Requirements System Unit with the following minimum specifications: A. Dual core processor B. 26B RAM C. 5006B Hard Disk PROCESS OUTPUT OPERATIONAL DEFINITION OF TERMS Computer system refers to the hardware and software components that run a computer or computers. Point of sale (also called as POS or checkout) is where a retail transaction is completed. Hair Rebond/Relax refers to hair straightening done in the Salon. Cellophane refers to hair coloring. Keratin/Wella refers to the products use for hair treatment. CHAPTER Ill METHODOLOGY PROJECT DESIGN DATA FLOW DIAGRAM Management System for Edwin B. Samot Salon is a system that will manage the salon. It will concentrate with the transaction processing, payroll of the employee, and the inventory of the salon. Official receipt Customer details Payment reports ales data Service details Payment details Employee details generated payroll Figure 2. Context Diagram DFD for Salon Management System New official receipt service details customer details 4 generated sales client files files Generated payroll report Payroll details 3 Sales files Generated sales report employee details 2 employee Figure 3. DFD Level 1 for Salon Management System PROJECT DEVELOPMENT Modified Waterfall Model Modified model is that the phases in modified waterfall model life cycle are permitted to overlap. Because the phases overlap, a lot of flexibility has been introduced in the modified model of software engineering. At the same time, a number of tasks can function concurrently, which ensures that the defects in the software are removed in the development stage itself and the overhead cost of making changes to the software before implementation is saved. Figure 4. The Modified Waterfall Model We use this model in our system because it is flexible and easy to modify. At the same time making changes to the basic design is also possible, as there are a number of phases active at one point of time. In case there are any errors introduced because of the changes made, rectifying them is also easy because every phase of he model verification and validation step has been added. It can also reduce the number of paper works and we can have more time to do the system. The following procedures are needed to be performed in order to operate or use the system. 1 . Acquire and set up all hardware and software needed. 2. Turn on the computer. 3. Install the system. 4. Click on the shortcut icon for Salon Management System. This shall load the entire system, and pull up the log in screen. 5. Input the username and password. 6. Once logged in successfully, there are options that will appear. Click the Point of Sale button for the transaction of the customer. This includes the clients information and the services they avail in the Salon. It will include printing of receipt and sales reports. 7. Simultaneously, click on the Product/Equipments button to view the inventory of the products and equipments use by the Salon. You may add, edit and delete products and equipments. . Click on the Payroll button for the payroll of the employee. This include the employees personal information and how their salary is computed. You may add and update the employees information. This also include printing of pay slip of the employee and the payroll reports. TESTING PROCEDURE After acquiring all hardware and software needed, the following procedure needs to be performed in order to test the system. 1. Perform program test to make sure that all programs are working. 2. Execute debugging in case of errors or failure to run. . Perform system run after all programs or modules are working. This study will use the CvSlJ formulated evaluation instrument for instructional materials in evaluating the developed system. The method of evaluation to be used is survey. The respondents of the survey will include 30 customers of the Salon, 10 employees of the Salon, and 2 managers of the Salon. The system will be evaluated based on the following criteria: Functionality, Content, Reliability, Availability, Maintainability, and Saleability. Each criterion will be evaluated in a scale of 1 to 5, where 1 is the lowest and 5 is the highest. Statistics is one way of getting the information organized. To have a general view of the acceptability of the study, statistical tool is used. This also includes the scaling system, which is used as a technique to monitor the respondents analysis of the system. Table 1. GANNTT CHART MAJOR ACTIVITIES IMPLEMENTING SCHEDULE MONTH 1. Analysis 2. Requirement Gathering 4. Development 5. Testing

Wednesday, November 6, 2019

Albinism Essays - Skin Pigmentation, Albinism, Free Essays

Albinism Essays - Skin Pigmentation, Albinism, Free Essays Albinism Albinism is a term used to describe people and animals that have little or no pigment in their eyes, skin, or hair. People with this condition have inherited genes that do not produce normal amounts of a pigment called melanin. It is equally common to all races and consists of two major classes. The first, Oculocutaneous albinism includes eyes, skin, and hair. Ocular, the second, involves mainly the eye. The oculocutaneous variety can be divided into 10 different types, the most common being ty-negative and ty-positive. Ty-negative leaves the person with no melanin pigmentation, hampers vision to a much more severe degree then ty-positive, and is caused by a genetic defect in the enzyme called tyrosinase. People with ty-positive will have very slight pigmentation and fewer vision problems. Ocular albinism may give the bearer slightly light hair and skin color, compared with the rest of their family, as well as the more obvious affects to their eye. The pigment loss may allow for involuntary back-and-forth movement of the eyes, crossed eyes, and sensitivity to bright light. Nerves going from the brain to the eye are not routed properly and have more never fibers crossing to the opposite side of the brain than normal. Both types of albinism are passed from parent to child and almost always require that both parents carry an albinism gene. This is referred to as autosomal recessive inheritance and the parents may have normal pigmentation, yet carry the gene and have a baby with albinism. A new test can now identify carriers of the gene for ty-negative and any other types where the tyrosinase enzyme doesnt function. A blood sample is used to determine if the gene is present by reading the DNA. X-linked inheritance differs from autosomal recessive inheritance, because only the mother carries the gene. The albinism gene is passed on the X chromosome from the mother to almost always her son. It can be recognized by ophthalmologist because of subtle eye changes. Albinism is unselective in race. Caucasians and non-Caucasians share this gene defect equally. One in 17,000 people have some type of albinism. In the autosomal recessive inheritance, if both parents carry the gene-yet neither have albinism, there is a one in four chance that the baby from each pregnancy will be born with albinism. Treatment of albinism consists primarily of visual rehabilitation. Surgery can be used to correct crossed eyes, but does not correct problem with the routing of nerves, so does not give binocular vision. Sensitivity to bright light can be combated with tints or sunglasses. Some specific optical aids, such as bifocals and magnifiers, are also very helpful to this condition. The affects of this disease are not reversible, however because it is a part of their genetic makeup and can only be help with some of these types of aids. Albinism is a very misunderstood condition and because of this children can have a tough childhood. They are prone to isolation due to the misunderstandings. People question there parenthood, possibly thinking that it is a mixed marriage and outcast them. They may face criticism and ridicule in the classroom. Other students will not be able to understand why they appear this way and deal with it the best way they know how, laughing, smirking, giggling, etc. Children with albinism may need special emotional support from both their parents and teachers. They should be included in all group activities as well, so they dont stand out.

Sunday, November 3, 2019

Critical analysis worksheet Essay Example | Topics and Well Written Essays - 750 words - 2

Critical analysis worksheet - Essay Example In this article the author looks at the information presented during the Iraq War. As the author alludes to, the American military is full of people with conflict of interests, not the least retired military officers. These officers are often sought for their opinion by national television networks. The reason why these ex-military men are wanted for expert opinion is because they may have operational insights or at least understand how the military works. The issue about using such experts is that they often present a view that has already been distorted by the American military. It can sometimes even be the case that these experts are duped themselves by misinformation. I would ask the author about why this fascination for publicly funded sports stadiums has recently come into focus. What were the factors that resulted in an upswing for sports stadiums being funded by the public? Another question I would ask the author has to do the effect that a sports team has on a city. Is a professional sports team necessary for a small city because it gives everyone a "feel-good" factor or has this explanation been blown out of proportion? I would ask the author why the military feels that it needs to feed information to the media, either through press releases or ex-military officers, in order to justify military efforts. Is it because the information is distorted or does the American public need convincing? Also, do the network cable channels need to take some responsibility for the appearance of these military experts? Whose job is it to vet these people or establish some basic facts before getting some opinions about an issue? I do agree with the main premise of the reading. The reason why I feel these authors are onto something is because while the benefits of having publicly funded sports stadiums are prominently displayed in the media and by local politicians, to my knowledge there has not been many

Friday, November 1, 2019

Economic History Research Paper Example | Topics and Well Written Essays - 1250 words

Economic History - Research Paper Example Most of his works were drafted in the late eighteenth century, when economics was not even properly regarded as a separate subject. Astonishingly enough, Adam Smith’s works are still very useful and many of the modern researches in economics are based on the theories and principals proposed by him. Thesis Statement: Adam Smith’s economic theories and principals have drawn and remained at the focus for more than two hundred years. The basic framework of contemporary economy can be considerably attributed to his works and philosophy. Discussion on the Different Economic Principals and Theories of Adam Smith The two most important works of Adam Smith are â€Å"The Wealth of Nations† and â€Å"The Theory of Moral Sentiments†. The Wealth of Nations can be considered as a precursor to today’s academic discipline of the subject economics. There are certain principals and theories that can be spotted in The Wealth of Nations. It attributes to the basis of r esource-allocation theory, which states that in competitive environment, resource owners would utilize them to maximize profits. This would result into equal rates of returns in equilibrium related to all utilizations, suited for the apparent diversities arising from the factors like unemployment, hardship, trust, and training (Smith, A., 1776). The General Equilibrium Modeling derived by Walras almost a century later is also based on Smith’s resource-allocation theory. Moreover, Smith’s labor theories provide the basis of the modern industrial relations. Labor theory of value further elucidates the relation between labor and the cost of the product produced, which affects the allocation of outputs and the distribution of earnings. Further, in his work The Theory of Moral Sentiments, Adam Smith finds out relationship between the ethical behavior of an individual and the economic structure of the society. His concept of â€Å"homo economicus† (economic man) defin es that how a sensible citizen can make economic contributions to the well being of our society (Klein, D.B., 2009). Why Adam Smith is Important? Adam Smith is important because this Scottish economist worked during the days when the very subject â€Å"economical science† or economics was in a nascent state. Adam Smith, to some extent, decided the course of the evolution of economics as a separate subject. He deeply analyzed the concepts of taxation, market, labor, training, unemployment, infrastructure, etc., which are critical in today’s economic environment and related public administration. It is due to Adam Smith that we are sometimes compelled to think about capitalism as a moral system, where profits are not the only pursuit. Hence, his legacy deserves special importance today (Brown, V. et al, 1993). Further, in Smith’s works, we get the glimpses of the emerging industrial society in the late eighteenth century Britain, wherefrom the modern industrial re volution actually began. Why are his Theories Important? Critics of Adam Smith try to find out limitations of his economic philosophy. According to J. Schumpeter (1994), â€Å"Had he (Adam Smith) dug more deeply, had he unearthed more recondite truth, had he used more difficult and ingenious methods, he would not have been understood.† However, this criticism still testifies that Adam Smith’s theories have a simplistic approach, which make them understandable in the context of common people, and hence, are important. His theories