Ford Pinto Case Study

Ford Pinto Case Study MGT 216 Ford Pinto Case Study The purpose of this paper will be to determine whether Ford was to blame in the Ford Pinto Case. This paper will provide possible solutions as well as supporting statements. This paper will examine all external social pressures and determine how external pressures affect individuals’ points of view. Further, this paper will discuss how the issue would be viewed differently in today’s society. In today’s society ethical issues are under heavy scrutiny. To examine this case thoroughly, the time and social norms of the time must be taken into consideration. The big question with the case is whether or not the Ford business acted ethically when designing the Pinto’s fuel system. The case was put under a microscope and analyzed because the company did not upgrade the integrity of the system until 1978 because of the cost benefits analysis. In determining whether or not to make the production change, the Ford Motor Company defended itself by contending that it used a risk/benefit analysis. Ford stated that its reason for using a risk/benefit analysis was due to the fact that the National Highway Traffic Safety Administration (NHTSA) required them to do so (Leggett, 1999). Business people should not forget that they have a social responsibility as well as a responsibility of maintaining business ethics. If faced with an ethical dilemma similar to that in the Pinto case, it would be important to consider the factors and remind management that it is unethical to knowingly market a car with unsafe parts to the public (De George, 2006). Taking the time to put in a bit more money to make a quality product is more important than building a car that will eventually be recalled and decline in future profits. Quality and safety are on the minds of consumers when purchasing a car. When the cars are made of good quality, it shows the consumers that the values and ethics of a company are solid and that the company puts pride in their work. This ensures that there develops a trust between consumer and company, and possibly a long relationship between the two. If these observations do not convince management, it should be suggested to publish a warning on the risks associated with the Pinto and/or issue a recall. The last option would force management to take nother look into investing more in their cars. If management declines the request to inform the public then the ethical decision would be to â€Å"blow the whistle†. Safety should be the first concern. Putting oneself behind the wheel with family would make that decision easy. Any information would be distributed anonymously and made known in all forms of media to the public (Nadler & Schulman, 2006). The social pressures that Ford Motor Company faced were: decline in sales, increased risk of litigation and lawsuits, and their reputation being slandered. The Ford Corporation knew from the beginning that the Pinto was dangerous. If the corporation continued to manufacture the Pinto they knew there was a risk of many lawsuits (class action) and litigation on the horizon. The corporation conducted a cost-benefit analysis to determine how many deaths would occur and how it would impact the company financially. The cost-benefit analysis would determine the cost the company would be responsible for if a certain percentage of the deceased persons’ families sued the company and won (DeGeorge, 2006). It was in the best interest of the company to cut their losses and stop manufacturing the Pinto because the issues became public. Their reputation was tarnished, despite the fact that they corrected the problems. This lead to a reduction in sales/profits since the consumers wouldn’t invest in the Pinto due to prior issues. Consumers didn’t care that they corrected the issues. The best option for Ford is to invest in a safer and better product and cut their losses. During the 1970s it should have been obvious to Ford that the general public was not favorable to them ignoring the problems concerning the fuel tank. Even though they reasoned it out of their calculations by using a risk/benefit analysis, safety was a factor to buyers even back then. The same approach mentioned above could have been used back then as well. Step one would have been encouraging management to make the right decision. Ford should have decided to not produce additional cars with the issue. Publishing a warning to all purchasers of the (impaired) car should also have occurred, along with an offer of updating the fuel tank with the appropriate parts free of charge. If management declined to do any of these then blowing the whistle would be best. As indicated before, one just has to put themselves in the driver’s seat along with their family to understand the importance of correcting the problem. You truly cannot put a price on a human being, no matter how hard you try. Essentially, ethics and morals are nearly bound at the same hand. A vehicle, knowingly defective, can be sold day in and day out for personal and corporate gain. Ethics plays its part when the entire corporation is knowingly and encouraging these actions. A re-call on a vehicle is not the fault of the salesman selling the car in Wheeler, TX. It is the right and duty of the auto-maker to let the salesman in Wheeler, TX aware of the defaults in the vehicle in order for that salesman to inform his customers of the automobile that they are prepared to purchase. THIS is an ethical violation! It becomes an ethical question, when the Corporates encourage the sales of these ill-made vehicles simply in order to meet they’re bottom line. (Toyota). It is fascinating that when we speak of ethics that we never speak of values. The CEO’s, COO’s CFO’s have no values in these instances; therefore they have no morals or ethics. Rarely do we see the head of a Fortune 500 Company come out publicly and admit that they had no ethics going into this project. Ethics has gone by the waste-side in recent years and the corporations are not the only ones to blame. These employees of they’re rightful companies have literally forced most of there employees to, so called, â€Å"play ball† for sales, benefits and bonuses. No matter what the cost or expense to the consumer. Many believe that ethics still lives and breathes in our corporate world, but until there are morals and honesty, the American people are simply done buying what they are selling! References De George, R. (2006). Chapter 12 Whistle blowing. â€Å"Business Ethics†, 6thed. New Jersey: Prentice Hall Leggett, C. (1999). Life as it applies to the Negligence-Efficiency. Retrieved from http://www. wfu. edu/~palmitar/Law&Valuation/Papers/1999/Leggett-pinto. html on February 9, 2011 Ford Pinto Case Study Ford Pinto Case Study MGT 216 Ford Pinto Case Study The purpose of this paper will be to determine whether Ford was to blame in the Ford Pinto Case. This paper will provide possible solutions as well as supporting statements. This paper will examine all external social pressures and determine how external pressures affect individuals’ points of view. Further, this paper will discuss how the issue would be viewed differently in today’s society. In today’s society ethical issues are under heavy scrutiny. To examine this case thoroughly, the time and social norms of the time must be taken into consideration. The big question with the case is whether or not the Ford business acted ethically when designing the Pinto’s fuel system. The case was put under a microscope and analyzed because the company did not upgrade the integrity of the system until 1978 because of the cost benefits analysis. In determining whether or not to make the production change, the Ford Motor Company defended itself by contending that it used a risk/benefit analysis. Ford stated that its reason for using a risk/benefit analysis was due to the fact that the National Highway Traffic Safety Administration (NHTSA) required them to do so (Leggett, 1999). Business people should not forget that they have a social responsibility as well as a responsibility of maintaining business ethics. If faced with an ethical dilemma similar to that in the Pinto case, it would be important to consider the factors and remind management that it is unethical to knowingly market a car with unsafe parts to the public (De George, 2006). Taking the time to put in a bit more money to make a quality product is more important than building a car that will eventually be recalled and decline in future profits. Quality and safety are on the minds of consumers when purchasing a car. When the cars are made of good quality, it shows the consumers that the values and ethics of a company are solid and that the company puts pride in their work. This ensures that there develops a trust between consumer and company, and possibly a long relationship between the two. If these observations do not convince management, it should be suggested to publish a warning on the risks associated with the Pinto and/or issue a recall. The last option would force management to take nother look into investing more in their cars. If management declines the request to inform the public then the ethical decision would be to â€Å"blow the whistle†. Safety should be the first concern. Putting oneself behind the wheel with family would make that decision easy. Any information would be distributed anonymously and made known in all forms of media to the public (Nadler & Schulman, 2006). The social pressures that Ford Motor Company faced were: decline in sales, increased risk of litigation and lawsuits, and their reputation being slandered. The Ford Corporation knew from the beginning that the Pinto was dangerous. If the corporation continued to manufacture the Pinto they knew there was a risk of many lawsuits (class action) and litigation on the horizon. The corporation conducted a cost-benefit analysis to determine how many deaths would occur and how it would impact the company financially. The cost-benefit analysis would determine the cost the company would be responsible for if a certain percentage of the deceased persons’ families sued the company and won (DeGeorge, 2006). It was in the best interest of the company to cut their losses and stop manufacturing the Pinto because the issues became public. Their reputation was tarnished, despite the fact that they corrected the problems. This lead to a reduction in sales/profits since the consumers wouldn’t invest in the Pinto due to prior issues. Consumers didn’t care that they corrected the issues. The best option for Ford is to invest in a safer and better product and cut their losses. During the 1970s it should have been obvious to Ford that the general public was not favorable to them ignoring the problems concerning the fuel tank. Even though they reasoned it out of their calculations by using a risk/benefit analysis, safety was a factor to buyers even back then. The same approach mentioned above could have been used back then as well. Step one would have been encouraging management to make the right decision. Ford should have decided to not produce additional cars with the issue. Publishing a warning to all purchasers of the (impaired) car should also have occurred, along with an offer of updating the fuel tank with the appropriate parts free of charge. If management declined to do any of these then blowing the whistle would be best. As indicated before, one just has to put themselves in the driver’s seat along with their family to understand the importance of correcting the problem. You truly cannot put a price on a human being, no matter how hard you try. Essentially, ethics and morals are nearly bound at the same hand. A vehicle, knowingly defective, can be sold day in and day out for personal and corporate gain. Ethics plays its part when the entire corporation is knowingly and encouraging these actions. A re-call on a vehicle is not the fault of the salesman selling the car in Wheeler, TX. It is the right and duty of the auto-maker to let the salesman in Wheeler, TX aware of the defaults in the vehicle in order for that salesman to inform his customers of the automobile that they are prepared to purchase. THIS is an ethical violation! It becomes an ethical question, when the Corporates encourage the sales of these ill-made vehicles simply in order to meet they’re bottom line. (Toyota). It is fascinating that when we speak of ethics that we never speak of values. The CEO’s, COO’s CFO’s have no values in these instances; therefore they have no morals or ethics. Rarely do we see the head of a Fortune 500 Company come out publicly and admit that they had no ethics going into this project. Ethics has gone by the waste-side in recent years and the corporations are not the only ones to blame. These employees of they’re rightful companies have literally forced most of there employees to, so called, â€Å"play ball† for sales, benefits and bonuses. No matter what the cost or expense to the consumer. Many believe that ethics still lives and breathes in our corporate world, but until there are morals and honesty, the American people are simply done buying what they are selling! References De George, R. (2006). Chapter 12 Whistle blowing. â€Å"Business Ethics†, 6thed. New Jersey: Prentice Hall Leggett, C. (1999). Life as it applies to the Negligence-Efficiency. Retrieved from http://www. wfu. edu/~palmitar/Law&Valuation/Papers/1999/Leggett-pinto. html on February 9, 2011

The Application of Vygotsky’s Theory to the Design

2. Why does learning require disequilibrium according to Piaget? Provide an example of how teachers can create discrepant events. 3. What is the Zone of Proximal Development in Vygotsky’s thought? Do you think it is a good model of learning? Why or why not? The Application of Vgotsky’s Social Development Theory to the Designing of a School Curriculum Christina Nardone: 102150672 Educational Psychology 02-46-324-01 Assignment A: Conceptual Comment University of Windsor Instructor: Anoop Gupta October 1st, 2012Lev Vgotsky’s theories have become central to understanding cognitive development and have influenced many research initiatives in the past couple years. Social interaction and culture are thought to be the back bone of learning in his theory of social development, where he argues that social learning tends to occur before development (McLeod, 2007). This theory is one of the foundations for Constructivism, which can be defined as an active learning process, in which new knowledge is built on previous knowledge (Hoover, 1996).An important component of social development theory is the Zone of Proximal Development (ZPD). It has been defined as â€Å"the distance between the actual developmental level as determined by independent problem solving, and the level of potential development as determined through problem solving under adult guidance, or in collaboration with more capable peers† (Vygotsky, 1978, p. 90). According to Vygotsky, learning occurs in this zone.Scaffolding is a technique related to the ZDP in that the adult or peer adjusts their level of help to the learner depending on their performance in the task. (Young, 1993). These components of social development theory would be useful in designing an educational curriculum. Schools should retire the instructional approach to teaching and adopt a more interactive approach so that students can be actively involved in their learning. Incorporating scaffolding techniques to th eir lectures would be beneficial as well as adding some collaborative learning tasks with their peers.The focus of learning should be on how well students have developed their problem solving skills, not just how much information they have learned. Also, testing and assessment should take into account the zone of proximal development; two children could have the same actual levels of development but different potential levels of development, which one child could be more capable than another child in completing many more complicated tasks. Works Cited Hoover, W. A. (1996, August 3rd). The Practice Implications of Constructivism.Retrieved September 30th, 2012, from SEDL: Southwest Educational Development Laboratory: http://www. sedl. org/pubs/sedletter/v09n03/practice. html McLeod, S. (2007). Lev Vgotsky. Retrieved september 30th, 2012, from Simply Psychology: http://www. simplypsychology. org Vygotsky, L. (1978). Mind in Society: The development of higher psychological processes. Ca mbridge: Harvard University Press. Young, M. (1993). Instructional design for situated learning. Educational Technology Research and Development, 41 (1).

Legal Research on the laws, which impose caps or limits on punitive Paper

Legal on the laws, which impose caps or limits on punitive damages for tort recovery in all the states of USA - Research Paper Example Alabama Alabama Code S. 6-5-410 (a) states that punitive damages can be levied for unfair actions, negligence or omission of any individual or company. Upon proving negligence, the above section allows to claim for punitive damages. S 6-11-20(a) permits for punitive damages in civil cases where it has been demonstrated that â€Å"the defendant wantonly or consciously involved in fraud, malice or fraud.† For proving malice and fraud, there should be a presence of an intentional act. Alabama State proscribes the award of punitive damages in litigation against a master when a case is filed under vicarious liability or against state agencies. Alaska Sec.09.17.020 of Alaska statute permits to claim punitive damages.As per this section , the punitive damages for outrageous , reckless acts will be awarded either of the following, and it should not exceed the greater of ; Three times of compensatory damages levied to the claimant. â€Å"A sum of $ 500,000.† There are separate limits for employees who have been injured by the action of employers. If a claimant is awarded punitive damages, then the court will insist that half of the punitive damages awarded shall have to be paid into general fund of the state. If the punitive damages is covered by an insurance policy , then the insurer will have to pay the punitive damages to the claimant on behalf of the defendant unless if there is any exclusion clause for the coverage of PD.PD. Christopher T.Stidvent , Tort Reform in Alaska : Much Ado about Nothing? , 16 Alaska L.Rev. 61 (1999) (March 30, 2012), http://www.lexis.com 3 Arizona There is no statute setting cap on punitive damages under tort in Arizona. However , there exists case laws on the subject. In Hyatt Regency Phoenix Hotel Co. v Winston & Strawn , it was held that for recovering punitive damages under Arizona’s law , the claimant has to demonstrate that defendant involved in outrageous and aggravated demeanor with an ‘evil mind’. The same view was held in some Arizona cases like Rawlings v Apodaca , Thompson v Better-Bit Aluminums Prod. Co also. In†Gurule v Illinois Mutual Life & Cas. Co.† , it was held that if a defendant acts with the required evil mind , thereby by defrauding , injuring or intentionally mediating with the privileges of others , by disrespecting the risk of poignant harm to them. Bruce C .King and Carol J.Patterson, Ethics, 25 Construction Lawyer Journal. 5, (2005) (March 30, 2012), http://www.lexis.com 4 Arkansas Under ARK CODE ANN  § 16-55-207 as amended in 2010 , a claimant should convince the onus of evidence demanded under  § 16-55-206 by obvious and convincing proof so as to recover punitive damages

E-business Essay Example | Topics and Well Written Essays - 500 words - 1

E-business - Essay Example As a hedge against all liabilities for the company, the manger should develop a plan of insurance that covers the company’s legal costs, as estimated in advance, for middle and extreme examples of corporate liability. This type of insurance coverage will be analyzed by the manner to see to what extent the company remains open to civil and criminal suits for negligent business practices that may occur in the ecommerce operation. In establishing insurance coverage for the company in the case of corporate liability for services offered online, we must purchase the required policy for insurance in all instances of operating liability on the internet. Website security is most important in an ecommerce website, as the customer finds a sense of trust and operability in the existence of a website with secure credit card processing facilities and shopping cart. Secure servers use a type of connection that is different from typical web pages in HTML. The secure pages require a SSL connection which stands for â€Å"Secure Socket Level† encryption technology. The manager will purchase required SSL certificates as needed to operate the ecommerce site with security. For business conducted in England and the United Kingdom, the manager should develop a plan to meet all requirements of the Data Protection Act of 1998. This will require the ecommerce site to have a Privacy Statement and â€Å"Terms and Conditions† page to make clear all company policies relating to the collection of data. (The National Archives, 1998) The manager will be responsible for all third party contract negotiations conducted with foreign and national companies within the relationship of the ecommerce website facilities, logistics, warehousing, and distribution. The responsibility of the manager must override all concerns of the departments to present a clear plan of security that matches with the legal team’s views. Any requirements from upper management and staff

Business Analysis Case Study Example | Topics and Well Written Essays - 4000 words - 1

Business Analysis - Case Study Example The process of planning the analysis approach for Green Electrical Store will be designed based on the requirements and objectives of the business. It can be gathered from the given information about the company that their revenues have been on a downward trail since 2003. Apart from this, it was also observed that the resource base and the existing product segment of the company are not streamlined with the existing scenario of the electrical market. The target customer base has also limited the scope of business for Greens despite of having an established brand image and consumer brand perception (R. Gershon & R. A. Gershon, 2008). Considering these factors to be the key issues of the company, the business plan analysis approach has been set with three particular elements namely, decision analysis, structured walkthrough and process modeling. The designed analysis approach for Greens Electrical Store is as follows: The above given diagram reflects the business approach that is to be followed for analyzing the business plan of Greens Electrical Store. The analysis begins by observing the mission and vision of the company in order to set the direction of business development plan. The next step in the process is to identify the key stakeholders associated with the process and thereafter analyze all the functional departments of the company individually in context of their contribution towards the organizational objective. The final business plan will be developed in accordance to the gaps evaluated in all the business departments and hence design models for rectification. With the help of a quarterly review, the business planning process can be constantly monitored and improved. The stakeholder analysis for Greens Electrical store will be conducted by keeping in mind the above drawn model for business plan analysis. The stakeholder analysis will help

Air pollution of fracking Essay Example | Topics and Well Written Essays - 1250 words

Air pollution of fracking - Essay Example In this essay, we shall discuss the documentary and the changes that have occurred since its production in 2010. ‘Gasland’ is an American documentary film produced in 2010 by Josh Fox to educate and enlighten communities in the United States of America on the impact of natural gas drilling especially horizontal drilling otherwise known as fracking. Fox starts the movie with narrating how he received a letter in May 2008 requesting him to lease his family land in Pennsylvania for $ 100, 000 to drill for gas, a claim that Energy In Depth later refuted arguing that it did not offer anyone money to lease his land for drilling gas. Fox goes to the west where the process of mining natural gas through fracking has been for the last 10 years. He engaged and stayed with the residents as they narrated their stories and experiences of natural gas drilling in Colorado, Wyoming, Utah and Texas among other several states, he talked with residents of those areas who had developed chron ic ailments that can be directly traced to contaminated air quality and pollution of water wells and surface. Fox goes ahead to show how some of the residents who have been affected by the negative effects of pollution from fracking have obtained court injunctions and settlements in terms of money from the gas mining companies in order to replace the water supplies that have been affected with safe drinking water or portable water purification kits. In his documentary, Josh Fox tries to reach out to the scientists, politicians and executives and all stakeholders in the gas mining industry. In addition to congress sub-committee, which was tasked with discussing the ‘fracking responsibility and awareness of chemicals act’, which was intended to amend the ‘safe drinking water act’ to repeal the exemption of hydraulic fracturing from safe drinking water act. Since 2010, a lot of changes have happened in the gas mining industry with relation to the process of mi ning that uses hydraulic fracturing. despite the concerns that have been raised over the pollution levels of the process, the number of gas wells that are being sunk have been constantly increasing with estimations putting that there are at least 35 wells that are being drilled daily for the last one decade. This has been largely contributed by the federal government’s laxity to enact federal laws that regulate the use of hydraulic fracturing in mining gas. In 2012, more than 30 million cubic feet of natural gas were drilled, which signified about 25 per cent, increase since the year 2006 (Anonymous, 13). Most of the proponents of the process have argued that the process of hydraulic fracturing could help the country become energy independent by the year 2020 and supply the country with relatively cheap and clean energy for the next 90 years. In addition, the states that have been using hydraulic fracturing to mine natural gas have been able to create recession resistant econ omies that have withered the economic storm that had swept the country in the last 5 years. However, despite these benefits, people living within the areas that these mining companies operate have always complained about the noise and air pollution that include odours that comes from these companies. The environmental protection agency study in 2011, which tested water and air in Wyoming where

Newspaper article that is relevant to the economics concepts Essay

Newspaper article that is relevant to the economics concepts - Essay Example Together with other legislators they want this figure to rise to $10.10 per hour. It is argued by other economists that this will interfere with the market since the new wages will not be in line with the market demand and supply forces that are outlined in the diagram below (Jekin, 2001). According to this diagram, the supply and demand of commodities have a direct impact on the price of the commodity. In this case, the goods in question will be the labor. In regards to the law of demand, when there is an increased supply of a commodity the demand for the product is expected to drop. The demand for products is highest when the supply of a given product is quite low. In this situation, people are willing to pay an extra amount so as to get the product since it is not readily available. Therefore the low rates of minimum wage can be attributed to the fact that there are many laborers who are ready and willing to work at that wage and therefore the industries should be left to decide the minimum wage (Gale, 2009). However, when the president increases the minimum wage, there will be two effects. One of which is that industries will not be able to pay people the expected amount and therefore will have to lay off workers. On the other hand, the increase in the minimum wage is likely to attract more people to these jobs. Both of these instances will result to an increase in the supply of labor. According to the law of supply, when the supply is high, the demand is low and this pushes the price of the service much lower so as to increase uptake. However, when the demand and the supply curves cross is where there is an equilibrium point (Jekin, 2001). As illustrated in the diagram above, an increase in the minimum wage is likely to result in a shift in the labor supply curve. A shift in the labor curve results to an increase in workers in the market. This increase in the amount of laborers will lead to a decrease in the

Film Essay Example | Topics and Well Written Essays - 500 words - 2

Film - Essay Example University, who is detained as proof of the assimilation success; Sitting Bull (August Schellenberg), a Sioux chief who rejects to submit to white government policies designed to rip his people off their identity, dignity and sacred land, Dakotas gold-laden Black Hills; Senator H. Dawes (Aidan Quinn), government policy architect for Indian lands allotment to individual families to force implementation of subsistence farming; and the Red Cloud, whose resolution to make peace with American government and then go to a reservation troubled Sitting Bull (Miller, Vandome and John 3). When I commenced watching this movie I assumed I had a good handle on what happen to the Native American Indians. The Indians roams their ancestral lands peacefully and basically, with great admiration for the nation and its citizens. Then the white man approaches, stumbling all over himself with the aim of reaching the gold fields in California or the rich the high plains farmland. The Indians were no more than an annoyance, a bothersome barrier that should be relocated to one side if patent destiny is to be attained. Lands are and reservations stolen, the land that white man has already plundered or passed up, are assigned. Those who do not go to the set reservation are hunted down cruelly. Sometimes even those who agree to come in are pounced on (Sand Creek for instance) and massacres happens with cover-ups that make many people not believe the story. The Indian are massacred at Washita, Sand Creek, and Wounded Knee with petite or no public tumult, but when he reacts by killing a couple of settlers, imitating the white Americans through mutilation, the public atrocity is deep and the military is ordered a blank "kill" plaid (Miller, Vandome and John 34). With every minute the shocking treatment is recurrent, leaving the viewer with only two alternatives of responses - vomiting or weeping. It is exceedingly hard to watch this movie, not for the reason that the it looks out fashioned or

Comprehensive Physical Exam Assignment Example | Topics and Well Written Essays - 250 words

Comprehensive Physical Exam - Assignment Example According to the records, the knee was swollen and the treatment given was Naprosyn 500mg. The patient confirms that the medication did not help to reduce the pain. Presently the patient is experiencing pain at the same spot with a rating of five at rest and eight while walking on a smooth surface. According to the patient, the only place that is experiencing pain is the right knee and no tingling or numbness in any other part of the body. The patient’s heart is in perfect shape and she has not experienced any difficulty in breathing. The genitourinary assessment proves that there is no sign of infection because the patient is not experiencing any discharge or burning sensation. The patient is not feeling any bowel or stomach problems. There is no sign of skin lesions or rashes. The patient explains that the medication prescribed was not effective. From the ROS, the patient suffers from rheumatoid arthritis (Cush, Weinblatt & Kavanaugh, 2010). This conclusion is drawn from the patient’s information (Bickley & Szilagyi, 2012). The patient is supposed to have some blood tests done to test for rheumatoid factor and also have an X-ray conducted on her to confirm if it is the correct diagnosis. After confirmation then the correct treatment will be known. Meanwhile, the patient is educated on how to manage the rheumatoid arthritis (St, C. E. W., Pisetsky, & Haynes,

Research prposal Proposal Example | Topics and Well Written Essays - 2000 words

Prposal - Research Proposal Example In the era of globalization most of the countries use the strategy of deregulation to reduce the government control on the domestic industry. Banking sector has also not been left alone. Governments are also exercising lesser amount of control on the banks. But to ensure that the banks are performing efficiently, the Central bank has a big role to play. It is the central bank of a nation in whose hands there lay the responsibilities of creating favorable environments for the bank to operate under. Efficiency of the banks in a country depends on the efficiency of the strategies adopted by the central bank of the country. When a nation adopts the strategy of increasing openness, its economy goes through a substantial change as the domestic market of the country becomes exposed to international market and therefore to fierce competition from international firms. Under this situation central bank of any country needs to make cautious steps in order to make the domestic banks strong enough to survive under strong competition as well as creating favorable environment for the operation of international banks. Particular in developing countries, central banks have to be very efficient in deal with the continuously changing financial environment under intense liberalization. Unless and until the central bank becomes successful in fulfilling its major objective of maintaining financial stability, the country’s financial sector will move towards severe financial turmoil. (Papademos, 2008) Libya, a developing nation of Africa, has significantly participated in the process of globalization. Its banking sector has therefore been also not left alone. Intensive reform measures have been undertaken for the baking industry of the country to pave the way of integration of domestic banking sector with the global one. But here lays a big question regarding how far the banking industry of Libya

The course of Civil War Essay Example for Free

The course of Civil War Essay To what extent did the military strategies and tactics of the armies of North and South change during the course of Civil War? Strategies and tactics did not change drastically in the South. The Strategies used by South were constant. At the beginning of the war, both side had the impression that the war would be short but this was not the case the war lasted for 4 years. During the war, the North was more offensive to the South. On the other hand, the South was always on the defensive side, they were trying to gain more sympathy. The evolution of weapons and communication improved a lot and changed the nature of the warfare. Furthermore, both sides reduced the amount of cavalry that they used in the civil war. Both sides also limited the amount of artillery that they used. In fact, the rifles were more useful than the artillery. The South also used the Guerrilla warfare against the North during the Civil War. Additionally, the influence of the naval war increased as the war went on. Overall, both sides did change their military strategies during the Civil War. But it was hard to argue that both sides had an enormous change in their military strategies and tactics. At the beginning of the war, 1861, both sides were not prepared for the war. At the beginning of the Civil War, the Union had only 16,000 men in the army, and only 90 of them were in the War Department. The Union was not ready for the war was due to the leadership problem. General Winfield Scott, the Union general had no idea about any strategic plan and no programme for mobilisation. Moreover, the President of the Union, Abraham Lincoln had no military experience at all. On the other hand, the Confederate had a little advantage of its military organization. The President of the Confederate, Jefferson Davis at least had some military experience. Under Davis control, there were 300 officers resigned from the Union and who joined the Confederate. Moreover, there were also state militias in the South that prepared for the war. In the early of 1852, both sides suffered number of men in the army, there were not enough soldiers for both sides. In March 1862, Davis introduced conscription that every white man, age between 18-35 had to server in the military service due to the end of the war. Davis believed the conscription act would help to increase the number of men in the army. On the other hand, the North also had the Carrot and stick approach to try to increase the number of men in their army. The stick approach was a Militia Law which was similar to a conscription act which forced people to serve in the military service. By 1865, both sides raised enormous armies, and there were 900,000 men in the Confederate and there were 2. 1 million men in the Union side. The North increased its number of men in army from 16,000 in 1861 men to 2. 1 million in 1865. On the other hand, the south increased its number of men in the army from 160,000 in 1861 to 900,000 men in 1865. Statistically, both sides had increased their number of men 10 times or even 20 times more in 5 years. Both sides have also changed their tactics on offensive and defensive. Once the rifle-musket was used by both sides, the defending force always had a great advantage. This was because most of the soldiers were in trenches when they were defending. However, the attacking force had to move forward to be able to captured enemy’s flank. The Consequence was that casualties would be heavier on the attacking side. It was hard for the attacking side to win the battle. In large scale battle, attacking force formed 2 lines. First line was working forward to try to kill as many enemies as they could. Second line would be fed in to restore the attacks momentum. Each line had about 1000 men. Again, casualties would be heavier on the attacking side because while they were attacking, they were in open ground without any protection. In May 1864, 19 millions bullets were fired in a single week in North Virginia. As the number of bullets that were fired in a week, it is easy to imagine the amount of soldiers who died on the battle field. Moreover, the Confederate used Guerrilla warfare during the war. There were guerrilla dimension in Missouri, Kentucky, Arkansas and Tennessee. The guerrilla warfare helped the confederate but this help was very limited, because guerrilla warfare was not popular at that time. Overall, the new tactics on offensive and defensive leads to huge amount of casualties on the battle field, and there was a significant change in the tactics of offensive and defensive during the Civil War. The evolution of weapons and communications has changed the nature of the warfare. In previous wars, both sides were still using the smoothbore musket which only had about 100 yards range. But in 1855, both sides were using rifled weapons instead of smoothbore musket. Those rifled weapon with the adoption of the minie ball have the shooting range up to 600 yards. In fact, it was more accurate. These improvements of the weapons made a huge impact on the battle field. Of course, the consequence was more casualties in both sides. The communication in both sides has also improved a great deal. Both sides had developed more railway tracks, so men and resource could travel around and supplied more efficiently. There were also steamboats in both sides that played an important supply role on the Mississippi and its tributaries. Moreover, there was telegraph that enabled the commanders to communicate with his units even if there were far away from each other. Both North and South strategy and tactics were affected by improvements in communication. The use of cavalry and artillery did not play an important role in the Civil War. The cavalry was not involved in any direct attack in the civil war. The cavalry was used to guard an army’s flanks, obtain supplies and cover retreats. The accuracy of rifle-fire meant that cavalry were no longer a major force on the battlefield. About 20 per cent of the confederate and 15 per cent of the Union troops were cavalry. At the beginning of the Civil War, the confederate cavalry was better than Union. This was because the good morale and good leaders like Jeb Stuart. However, by 1863, the Union cavalry was just as good as the confederate cavalry. Even though, there were not a lot of cavalry troops in both sides, it still gave out certain help like giving out supply. Moreover, the use of artillery did not play an important part in the Civil war as well. This was because the use of artillery could not be well used in the areas that took place in the Civil War. Moreover, riled-musket was more useful compare to the cannon. Furthermore, the north had better potential to produce more and better guns because of their strong industrial support. Moreover, the confederate manufactured some of its own gun, but it was not as good as the Unions. Overall, the use of cavalry and artillery did not have a significant role in the Civil War, but in fact it did affect both sides in some aspects. Both sides show a significant change on their naval warfare. In April 1861, the Union only had 8800 men in the navy. They only had 90 ships and only few of them were in action. However, the confederate was even worst. They did not have any navy at all in 1861. As soon as the war started, the North sent the merchant marine to blockade the South. And the amount of the ships in December 1861 increased to 260 warships on duty and 100 more were under construction. Blockading the South gave huge advantages to the North. This was because the Confederate could sell cotton in Europe in order to manufacture more new technology. However, with the blockade, they could not trade with any other countries. So the South would not be able to get money and manufacture any goods. The number of ship that increased by North between April 1861 to December 1861 was enormous. The result was that the South could not rely on its trade with other countries and lead to poor economic. The Union had an enormous change on their naval warfare but the Confederate did not. The military strategies and tactics of the armies of North and South did in fact have changed during the Civil War. Both sides did have changed on their offensive and defensive tactics, new weapons and communication. But on the other hand, both sides did not change on their cavalry and artillery. So it was hard to argue that both sides have enormous change in all aspects.

Texting Essay Example for Free

Texting Essay Texting. (IF) It is the new age way of communicating. With this new way to communicate new problems have arisen. People are texting while talking to others or while others are talking to them. Which brings up the question is it wrong? While many people think that it is wrong they may find themselves doing it on occasion. It is very easy to just say it is wrong without even looking at the other side of the argument. Surely it is acceptable to text in some situations. well it is not acceptable to text while you are talking to someone else. Let us compare a texting conversation to a real conversation. If one was trying to talk to someone but he or she was also talking to someone else, it would be impossible for that person to be completely engaged in both conversations. This is just like texting. How can a person be fully engaged in any conversation while they are having a texting conversation with someone else? Also one wouldn’t even be fully focused on the conversation one is having over text when one is talking to someone else. That is just being rude to two people at once. Not only is texting while in conversation with someone else rude it is rude in other scenarios too. It would be considered rude in a movie theater, during a play, or on a date especially if one is not the one paying for these things. Imagine that you have just invited someone to go to the movies and you decided to pay. How would you feel if the person you paid for is texting during the movie? That person is conveying that they aren’t enjoying the movie that you spent money on them to see. Many people also use texting to act like they are better than other people. Most any teenager would say that when a situation gets â€Å"awkward† they will pull out there phone and either pretend to text or actually text. This can be found rude because when one pulls out there phone to avoid a certain situation, or to act like they have something better to do while a situation is happening. By avoiding situations because of texting one showing that one thinks they are above what is happening, and that they cannot be involved in a situation like that because it is too â€Å"awkward. † An example of this kind of situation is when you are walking down the hallway and someone else is walking the opposite direction and they start looking at you. Instead of saying, â€Å"Hi,† or giving them a smile people will resort to pulling out there phone and acting like they are texting. What makes you better than the other person walking down the hallway? Why can’t you just say, â€Å"Hi,† or give them a smile? Those are not hard things to do but people will think they are better than other people and just completely ignore that other person. On the other hand many people would say that texting is very convenient and allows someone to get information to someone else. This is very true. Texting is handy to have when one needs to give someone else some quick information such as what time something starts or something of that sort. Texting is not always used for sharing information though. According to a recent interview about texting, there are two kinds of texts: spreading information and conversation. (Burrow) Texting for information is not rude if it is an emergency or something like that but when texting turns to conversation and one is texting to avoid people, avoid situations, or while someone else is taking then it becomes rude. Any conversation that you have over text can just as easily be done over the phone on a phone call when you have time to focus on the conversation. In an article from the Salem News this idea was brought up to not be rude if you need to send an important text during a conversation just excuse oneself for a minute to check and respond to the text just like you would with a phone call. Finally texting during class is one of the most disrespectful things one can do to a teacher. Teachers choose to be teachers so they should be treated with the utmost respect because they are providing an education to teens and that is one of the most important things anyone will need in life. By texting during class one is showing the teacher that they think they are more important than what she is saying. This is simply not the case because education will take one somewhere in life not a texting conversation that you have to hide from the teacher. Texting distracts one from learning, and when one is texting they have to refocus back to what they were doing. According to a study, tasks that are interrupted seem more difficult and take longer to complete. (Cohen) Texting is flat out rude. There are ways to text someone if it is really important by simply asking to be excused so you can text, but to just text in someone’s face while they are talking to you is just rude. Texting to avoid situations is also rude because you are letting other people know that you think you are better than them and that is just mean. Texting during class is just dumb because you miss out on things you need to know for your life. So next time you go to text during class, while someone is talking to you, or to avoid a situation just think about what you are doing and realize that it is rude.

Chinese Elements Embodied In Hollywood Films Cultural Studies Essay

Chinese Elements Embodied In Hollywood Films Cultural Studies Essay Abstract: Under the circumstance of the cultural globalization1; the movie ,as a way of media , has become the quick-launched bridge between the two sides in international cultural communication. The Hollywood cartoon movie-Kung Fu Panda2 ,a action comedy movie entitled with Chinese Kung Fu , shows the world the charm of Chinese culture. In the angle of cultural globalization, this essay forms a conclusion of the revelations people can get by demonstrating the details of Chinese elements and culture embodied in the film Kung Fu Panda. Key words: cultural globalization, Chinese culture and elements , Kung Fu Panda Kung Fu Panda is another cartoon film based upon the Chinese culture after the movie Mu Lan that draws people s attention to the Chinese traditional culture . Of course ,people can see the Chinese elements obviously from the name of this movie-Kung Fu Panda. Kung Fu and panda, the two words are too meaningful although they are simple enough nearly known by everybody. At first , Kung Fu is the quintessence of Chinese culture; and the panda is the national precious treasure of China . When they are combined together as Kung Fu Panda is already attractive enough to draw the peoples curiosity. During the live show of this movie in the world , it has stirred a strong trend of learning Chinese culture in the whole world. The movie tells a story of a fat lazy giant panda that transforms himself into a great a great Kung Fu master a Dragon Warrior. This dragon warrior was raised by a duck , and coached by a great Kung Fu master , WuGui ( a turtle). Although he lives a ordinary peoples life , he has achieved a great dream by saving the Peace Valley from the evil villainous snow leopard-Tai Lung. In the ancient China , a normal panda , Po, ultimately becomes a hero with his strong will and unwavering faith-A real warrior never quits. In this film , we can see lot of Chinese cultural elements everywhere. At first , what draws peoples attention tightly is that the distinctive animal panda .Although the panda , Po , in this film is a clumsy, naÃÆ' ¯ve and fat a animal .But beyond that, we can see the determined and faithful qualities as well .The film maker makes the panda , Po, a Kung Fu lover who is always dreaming to be a warrior. The idea of letting a giant panda become a Dragon Warrior allows audience to give free rein to their imagination ,which tightly hold audiences attention. As a ambassador , the panda make s people in other countries more interested in China and Chinese cultures. Like the movie which is called Kung Fu Dream , the Chinese Kung Fu in this film is also a typical symbol of Chinese culture .The Chinese Kung Fu is said to be the most great point that push so many people at home and abroad to see Kung Fu Panda in cinemas. Undoubtedly, since Li Xiaolong, the first person who introduced the Chinese Kung Fu to the people in the world on screen many years ago , more and more people have been keen on the magic Wu Shu . In the movie , we can see all kings of Kung Fu , such as Tai Chi, the five elements boxing, 12-shaped boxing, etc. Although it is a cartoon movie , the scenes in the cartoon film also show the Chinese Elements. All the props , sceneries and architectures in the film are designed carefully in Chinese style. Firstly , the scenes in the cartoon film visually look like the Chinese Monochromes. Besides, the mountains ,rivers , ancient temples and houses altogether with all the other beautiful natural sceneries somehow remind the audience of the image of ancient China. There is no doubt that the music is the Chinese element that go through the whole movie. What comes first is the opening song -Hero, and then comes the sound of gongs played by Qiang Di and wooden flute with graceful and restrained voice, all these things send out a strong feeling of Oriental charm. The lively sound of Gu qin and XianZi , connected by a small section of the solo sound of the Duduk , makes people feel like listening to the Chinese classical music. Although all these songs are sung in English , yet people can also sense the Chinese style in the music. In spite of the whole story of the panda and how he defeat the evil, the Chinese philosophical thinking is also embodied in some sentences. In this film, the directors implicate Chinese philosophical thoughts in some simple lines . For instance, the master Wu Gui in the film is a wise man. One of the most famous words given by master Wu Gui is that Yesterday is history; tomorrow is a mystery; but today is a gift. That is why we call it the present. The word present has two meanings-gift and at present. Here, the words are wisely used to tell a smart truth. In the movie , enlightened by the dragon scroll, the panda -Po also finally understand that he has to be his own hero. Once someone is empowered to achieve anything he wants, he has to set his mind on it so as to achieve his goals. Also, there are still many other Chinese cultural elements which are embodied in the film. For example, the Chinese relationships between the apprentices and masters in the Kung Fu Panda. Above all , Kung Fu Panda is embodied with the typical Chinese culture which is made up of a lot of things such as Chinese peoples diets , Chinese peoples lifestyles ,Chinese traditional medicines and so on .What people can learn from this phenomenon? And why the Kung Fu Panda isnt made in China ? Cultural globalization is happening in todays world. As the cultural globalization spreads all over the world inevitably fast, nations are confronted with the clashes. When you are walking in the streets ,you can find the KFC and the McDonalds restaurants at almost every corner of the street in most of the modern cities in China. You can also see the Starbuck located at the bottom of many office buildings in big cities like Shanghai and Beijing in China. We can find some of foreign movie actresses wearing the Chinese-style dress and actors wearing Chinese Tang suit to attend the important meetings. To some extent , the Chinese festivals, food, music and art are also affecting the world. Therefore, it is not surprised at all for us to find a Hollywood Kung Fu Panda .Through the Kung Fu Panda, the Hollywood DreamWorks successfully opened the biggest market with endless business opportunity. Today ,cultural globalization provides people a stage to present our Chinese culture to the whol e world. As we all know, there are so many Confucius Institutes in many countries where foreigners are learning Chinese culture, Chinese language and Chinese custom well. From this point of view , it can be seen that the cultural globalization is an inevitable trend. Acting rationally towards intercultural communication is the only correct attitude towards cultural globalization. In the era of the rapid spread of cultural globalization, the development of national culture more and more relies on other countries and the promotion of the other countries cultures .Thus we Chinese people should not only inherit our ancestors valuable fortune-Chinese culture, but also make it known to the people in the world. Notes: Cultural Globalization  refers to the transmission of ideas, meanings and values across national borders. Through the process of sharing the ideas and values of one culture to another ultimately leads to an interconnectedness between various populations from diverse cultures. Kung Fu Panda is a 2008 American computer-animated action comedy film produced by DreamWorks Animation and distributed by Paramount Pictures. It was directed by John Wayne Stevenson and Mark Osborne and produced by Melissa Cobb. Set in a version of ancient China populated by anthropomorphic talking animals, the plot revolves around a bumbling panda named Po who aspires to be a kung fu master. When an evil kung fu warrior is foretold to escape from prison, Po is unwittingly named the chosen one destined to bring peace to the land, much to the chagrin of the resident kung fu warriors.

Essay --

There are several pollutants present in municipal wastewater, including oxygen- demanding substances, pathogen, inorganic and synthetic organic chemicals, and nutrient. Dissolved oxygen in water is necessary to support aquatic life, consumed by aerobic bacteria and other aquatic organisms for living purpose. Biochemical Oxygen Demand (BOD) is the amount of oxygen that would be consumed if all the organics in water were oxidized by bacteria and protozoa (Interlab Supply, 2010). Microorganisms will break down the organic matter by consuming the dissolved oxygen present in the wastewater and BOD is normally used to measure the performance of sewage treatment plant. (United States Environmental Protection Agency, 2004) The wastewater effluent produced by the treatment plant has a high content of organic pollutants such as ammonia which will demand more oxygen. These substances destroyed and converted to other compounds by bacteria when the water has sufficient oxygen. Large amount of bacterium that widely spread in wastewater is also known as pathogens and hazardous to our health while waste products in wastewater are most often liquid or solids and they can be biological, chemical or radioactive dangerous. Apart from having adverse health involvements, wastewater contamination can also have natural and ecological affects, including the degradation of ecosystems which include decreasing of aquatic plants that help to preserve the condition of waterways or biodiversity loss. For example, loss of aquatic life likes fish and crustaceans that are an important part of both animal and human diet. Disinfection of wastewater and chlorination of drinking water supplies manage to reduce the occurrence of waterborne diseases such as typhoid fev... ...sociated with screenings. However, comminutors and grinders can also create problems for downstream processes, such as increasing plastics build up in digestion tanks or rag accumulation on air diffusers. In addition, solids from comminutors and grinders will not decompose during the digestion process. If these synthetic solids are not removed, they may cause biosolids to be rejected for reuse as a soil amendment. Large amounts of grit and sand entering a treatment plant can cause a serious operating problem that is needed for treatment. Grit includes sand, gravel, cinder, or other heavy solid materials that are â€Å"heavier† than the organic biodegradable solids in the wastewater. Removal of grit prevents unnecessary abrasion and wear of mechanical equipment, grit deposition in pipelines and channels, and accumulation of grit in anaerobic digesters and aeration basins.

Photography in Advertising and its Effects on Society Essay examples --

Photography in Advertising and its Effects on Society Memory has been and always will be associated with images. As early as 1896, leading psychologists were arguing that memory was nothing more than a continuous exchange of images. (Bergson) Later models of memory describe it as more of an image text; a combination of space and time, and image and word. (Yates) Although image certainly is not the only component of memory, it is undoubtedly an integral and essential part of memory’s composition.   Ã‚  Ã‚  Ã‚  Ã‚  Photography was first utilized over 100 years ago in an attempt to preserve life as it existed before the industrial revolution. Over time photography has gradually corrupted memory in a variety of ways, despite its original intention to preserve it. From there, photography has evolved to become a pressing threat not only to memory, but also to consciousness.   Ã‚  Ã‚  Ã‚  Ã‚  As seen in paintings of battle scenes and portraits of wealthy Renaissance aristocracy, people have always strived to preserve and document their existence. The creation of photography was merely the logical continuum of human nature’s innate desire to preserve the past, as well as a necessary reaction to a world in a stage of dramatic and irreversible change. It is not a coincidence that photography arose in major industrial cities towards the end of the nineteenth century.   Ã‚  Ã‚  Ã‚  Ã‚  The industrial revolution created the societal circumstances necessary for photography to be born. The first and most obvious condition is that of technological advancement. Industry was advancing and expanding so rapidly that history appeared to be distancing itself from the present with unusual speed. Up until this time period life had not changed much from decade to decade or even from century to century. Photography’s popularity during the industrial revolution was, in large part, a result of people’s desire to slow down the perceived acceleration of history (McQuire). It has been argued that the acceleration of historical time is â€Å"leading to the possible industrialization of forgetting† and that â€Å"we will not only miss history†¦we will also long to go back to space and times past.† (Virilio)   Ã‚  Ã‚  Ã‚  Ã‚  The desire to stop time and preserve the way things were are the primary reasons why the majority of photography in the late nineteenth century focused on documenting dying traditions, practices, and ways of life... ...dvertising.† Picturing the Past: Media History & Photography. Ed. Bonnie Brennen, Hanno Hardt. Chicago: University of Illinois Press, 1999. 158-181. Freund, Gisele. Photography & Society. Boston: David R. Godine, 1980. How Much Information?. 9 May 2002. University of California. Kramer, Edith. â€Å"The Art Therapists Third Hand: Reflections on Art, Art Therapy, and Society at Large.† American Journal of Art Therapy Feb. 1986: 71-86. Liss, Andrea. Tresspassing Through Shadows: Memory Photography & The Holocaust. Minnesota: University of Minnesota Press, 1998. McQuire, Scott. Visions of Modernity. London: Sage Publications 1998. Miller, Denise., et al. Photograpy’s Multiple Roles. New York: Distributed Art Publishers, 1998. Schwartz, Donna. â€Å"Objective Representation: Photographs as Facts.† Picturing the Past: Media History & Photography. Ed. Bonnie Brennen, Hanno Hardt. Chicago: University of Illinois Press, 1999. 158-181. Sontag, Susan. On Photography. New York: Anchor Books Doubleday, 1973. Virilio, Paul. The Art of the Motor. Minneapolis: University of Minnesota Press, 1995. Yates, Frances. The Art of Memory. Chicago: University of Chicago Press, 1966.

Fight for Freedom in Toni Morrisons The Song of Solomon :: Song of Solomon Essays

Fight for Freedom in Toni Morrison's The Song of Solomon "The scream that boomed down the cave tunnel and woke the bats came just when Macon thought that he had taken his last living breath. The bleeding man turned toward the direction of the scream and looked at the colored girl long enough for Macon to pull out his knife and bring it down the old man's back. He crashed forward, then turned his head to look at them. His mouth moved and he mumbles something that sounds like 'What for?' Macon stabbed him again and again until he stopped moving his mouth, stop trying to talk and stopped jumping and twitching on the ground" (pg. 171). This is an excerpt for the novel The Song of Solomon (1987), by Toni Morrison. Macon one of the main characters, only a child at the time, kills a man whom he thinks is threatening him and his sister's, Pilate, life. After killing the man the two children travel to the man's camp where they discover three bags of gold. Macon also sees, " the dusty boots of his farther" (pg 170). Becoming alarmed, Pilate says, "I t is Papa!". To her cry a voice whispers 'sing, sing'. Macon greedily packs up the gold while Pilate searchers frantically for their farther. After a terrible fight the two separate. Ironically years later they end up living in the same small Michigan town. Macon and Pilate hate and their family secret all the while still grows in differnt directions. Macon moves on with his life and marries Ruth. The couple have three children, Lean, First Corinthians, and Macon who receives the nickname of Milkman. Milkman being interested in Pilate granddaughter, spends a great deal of his childhood at Pilate's house--despite his fathers disapproval. After living at home for the past thirty years Milkman becomes swamped with his family secret. His farther claims that Pilate stole the gold from the man his killed camp sight. And Pilate claims the bag of her 'inheritance' only to be bones. Becoming frustrated, Milkman sets out to find the truth of his family fude. Toni Morrison's mystery novel keeps the readers curiosity,as she write her storyline about the lifestyle of a black society in the 1980's. Within this black society, the people are pursuing their freedom. Toni theme of her novel is freedom, and each character can only obtain their freedom by one of two paths.

With specific reference to the EU’s doctrine of direct effect, critically assess the extent to which EU law concerning commercial activities are enforceable within member states.

Introduction The extent to which EU legal rules and principles, concerning commercial activities, are enforceable within member states will be critically assessed in this essay. This will be done by reviewing certain aspects of EU law and considering the extent to which EU law can be invoked under the principle of direct effect. It will be shown that whilst individuals and businesses will be capable of invoking EU law through national courts, this will always be subject to restrictions to ensure that the market is not being distorted in anyway. Main Body The ‘direct effect’ principle is used to confer rights or impose obligations upon individuals in accordance with European Union (EU) law. National courts are bound under this principle to recognise and enforce certain EU legal rules and principles (Dashwood, 2008: 229). If EU law is inconsistent with a law of a member state, the doctrine of supremacy seeks to ensure that EU law prevails. Direct effect was first established in Case 26/62 Van Gend en Loos v Nederlandse Administratie der Belastingen [1963] ECR 1 when it was held by the European Court of Justice (ECJ) that individuals rights, as enshrined under the Treaty Establishing the European Economic Community, were capable of being invoked before the courts of EU member states. This case demonstrated how EC Treaty provisions were directly effective against members states, and was a welcoming development in ensuring that member states complied with their Treaty obligations. As a result of this doctrine, EU law is enfor ceable within all member states, which has an overall impact upon many commercial activities. This was recognised by Moens and Trone who pointed out that; â€Å"the importance of this unique feature lies in the fact that it is futile for business people to seek to invoke a legal act of an EU institution which could not be relied upon in a national court† (Moens and Trone, 2010: 367). Firstly, in order to be able to rely on a legal act of an EU institution, it is necessary to establish whether the act is directly effective. If the act is not directly effective, then its provisions cannot be relied upon in a national court (Moens and Trone, 2010: 367). The ECJ in Van Gend en Loos formulated a test to determine whether a treaty provision has direct effect. In doing so, it was noted that a treaty provision will be directly effective where â€Å"a) its text is clear and unambiguous; b) it imposes and unconditional prohibition; and c) its implementation does not depend upon any further legislative action by the Member States† (Moens and Trone, 2010: 367). It was made clear in Case 2/74, Defrenne v SABENA [1974] ECR 631 that there exists two different types of direct effect; vertical and horizontal. Vertical direct effect is the relation between individuals and the state, whereas horizontal direct effect is the relation between individuals (Kaczorowska, 2013: 264). The ECJ in Belgische Radio en Televisie v SV Saban (127/73) [1974] ECR 51 held that the competition rules enshrined in Arts 101 (1) and 102 (previously Arts 81 (1) and 82 EC Treaty (TEC)) â€Å"tend by their very nature to produce direct effects in relations between i ndividuals†. National courts consequently have a duty to ensure that the relations between individuals are being adequately safeguarded. Arguably, individuals can not only seek protection under EU law against the state, but they can also seek protection against private individuals. Horizontal direct effect is generally used as a way for individuals to invoke EU legal rules and principles in respect of commercial activities. An example of this can be seen in Walrave v Association Union Internationale (36/74) [1974] ECR 1405; [1975] 1 CMLR 320 where the Court found that a measure, which affects a relationship between individuals, may be directly effective. Here, the prohibition of discrimination on the ground of nationality was deemed to have horizontal direct effect in respect of a relationship between individuals (employer and potential employee). Since the principle of direct effect was first established, citizens and undertakings have benefited substantially because of the fact that individual rights have been conferred upon them which the national authorities and courts must safeguard under EU law (Europa, 2013: 1). For example, Arts 101 and 102 TFEU are designed to ensure that competition within the EU is not restricted or distorted. This protects businesses and consumers from unfair competition and commercial practices by producing direct effects in relations between individuals. Art 101 (1) prohibits agreements between undertakings, decisions by associations of undertakings or concreted practices which may affect trade between EU member states and which have as their object or effect their prevention, restriction or distortion of competition within the EU as identified in Case C-41/90 Hofner and Elser [1991] ECR I-1979. Art 101 thus protects competitors and customers against dishonest behaviour, which is imperative in en suring free competition within the EU. The application of Art 101 has been subject to much controversy on the basis that it has been applied to broadly, thereby catching agreements that were not actually detrimental to competition (Whish, 2012: 115). This rendered Art 101 exorbitant and demonstrated the need for courts to apply it more rigidly (Bright, 1996: 535). Three categories of exemptions now apply to Art 101, namely; 1) commercial activities that are beneficial to consumers; 2) agreements of minor importance, and 3) block exemptions for different types of contract, such as vertical agreements (Bright, 1996: 535). As a result of these exemptions, the extent to which Art 101 is enforceable within member states is unclear and it is likely that consumers and businesses will have difficulty demonstrating that certain commercial activities fall within the ambit of this Article and subsequently invoking EU law against a private individual. EU competition law does not intend to stand in the way of legitimate commercial activities, but to instead promote and maintain fair competition within nation states (Europa, 2013: 1). Whilst this is often deemed necessary to prevent unfairness and to regulate anti-competitive conduct, unnecessary restraints are capable of being placed upon commercial activities (Rodger, et al; 2009: 103). Arguably, it is imperative that some exemptions do exist so that the application of Article 101 is not exorbitant. This ensures that any positive benefits stemming from an agreement are balanced against the restrictions that apply to Art 101. Article 102 TFEU is primarily aimed at preventing those undertakings who hold a dominant position in the market. Through the principle of direct effect, individuals will be capable of invoking this Article by showing that an undertaking who holds a dominant position in the market has abused its position as highlighted in Case 27/76, United Brands Continental BV v Commission (1978) ECR 207. Such abuse may include; unfair purchase selling prices, unfair trading conditions, restricting production and applying different provisions to similar transactions (Kennedy, 2011: 237). A degree of uncertainty surrounds the scope of Art 102 because of how serious a finding of infringement would be, which renders the extent to which Art 102 is being enforced in member states unclear. For a firm to be dominant, it is not necessary for there to exist no competition at all and instead it merely needs to be shown, as identified in Case 85/76 Hoffman-La Roche v Commission [1979] ECR 461, that the firm has an â€Å"appreciable influence on the conditions under which the competition develops†. It is likely to be extremely difficult for a private individual to establish that a firm has an appreciable influence on the conditions under which the competition develops and as such it is again questionable how far Art 102 will go in protecting private individuals and businesses through the principle of direct effect. Regulations are also subject to direct effect, meaning that they will be directly applicable in all EU member states, as provided for by Art 288 (ex Art 247 T EC). This was illustrated in Case C-253/00 Munoz [2002] ECR I-7289 when it was stated that â€Å"regulations operate to confer rights on individuals which the national courts have a duty to protect†. EU decisions and Directives are also directly effective in member states, as signified in Foster v British Gas (1990) C-188/89. This case exemplified the courts willingness to confer horizontal direct effect upon individuals and signified how EU law concerning commercial activities are enforceable within member states. Conclusion Overall, whilst there are some restrictions in place to regulate the application of EU law, it is evident that many EU rules and regulations will be capable of being enforced within all member states. This is necessary when it comes to commercial activities as it is important that some form of protection exists to prevent the market from being abused. The extent to which EU law applies will always be subject to some controversy because of the fact that certain exceptions will apply. Though this is necessary in preventing abuse and ensuring that a balance is being maintained. The extent to which this balance is achieved is likely to be open to much debate though it is evident that member states have made some attempt to invoke EU law provisions concerning commercial activities. References Bright, C. (1996) ‘EU Competition Policy: Rules, Objectives and Deregulation’ Oxford Journal of Legal Studies, Volume 16, Issue 4, 535-559. Dashwood, A. (2008) ‘The Principle of Direct Effect in European Community Law’, Journal of Common Market Studies, Volume 16, Issue 3, 229-245. Europa. (2013) ’50 Years of Direct Effect of EU Law Benefitting Citizens and Companies’ Press Release Database, [Online] Available: http://europa.eu/rapid/press-release_CJE-13-56_en.htm [27 August, 2014]. Rodger, B. MacCulloch, A. and Galloway, J. (2009) Cases and Materials on UK and EC Competition Law, Oxford University Press: Oxford. Kaczorowska, A. (2013) European Union Law, Routledge: London. Kennedy, T. P. (2011) European Law, Oxford University Press: Oxford. Moens, G. and Trone, J. (2010) Commercial Law of the European Union, Springer Science & Business Media: London. Whish, R. (2012) Competition Law, Oxford University Press: Oxford. Cases Belgische Radio en Televisie v SV Saban (127/73) [1974] ECR 51 Case 85/76 Hoffman-La Roche v Commission [1979] ECR 461 Case C-41/90 Hofner and Elser [1991] ECR I-1979 Case 27/76, United Brands Continental BV v Commission (1978) ECR 207 Defrenne v SABENA [1974] ECR 631 Foster v British Gas (1990) C-188/89 Van Gend en Loos v Nederlandse Administratie der Belastingen Case 26/62, [1963] ECR 1 Walrave v Association Union Internationale (36/74) [1974] ECR 1405; [1975] 1 CMLR 320

Achieving Operational Excellence: Evaluating Supply Chain Management Services Essay

UPS LogisticsSchneider LogisticsHow mass these companies be used for hang on train demand?When you gaint know where to conk, our industry ripes result appraise your network and confer arrange processes by means of a structured diagnostic process. We flip experienced, cross-functional teams who leave consult with you to identify and place savings opportunities and maximize your bottom line. streamline your distribution network, reducing costs and meliorate customer service Provide sagacity into logistics radiation diagram, re-engineering, and make out cosmic string management hold leading-edge information systemsImplement benchmarking processes to measure productivenessWhat supply set up process can distributively of these companies support for their clients? Assess proposeImplementExecuteWork with your suppliers at origin to prevent stock-outs, shortages, and delivery delays mark arrangements for pickup, handling, and air or ocean payload transport Provide de tailed in-transit gunstock visibility through UPS Order succeed How can customers use the Web sites of each play along to athletic supporter them with supply cosmic string management? When you need technology, resources, and ludicrous transit and logistics expertise on a worldwide scale, turn to Schneider. Our associates are experts in supply chain strategy, and will help you determine the key drivers that transform your supply chain from a list of uncertainties to a rivalrous advantage. Our supply chain design and proviso services will help you gain the supply chain you need to charter out the best in your company. Our designers and engineers will go beyond the abstract, and produce a plan that will leverage the unmatched scope of UPS logistics capabilities to benefit your business. Compare the supply chain management services provided by these companies.Ourexperienced team can design and optimize your logistics network to handle changing demand, acquisition distribut ion redundancy, service take rationalization, and logistics cost pressures. We excel in tailor optimization models to mirror customer circumstantial constraints and business rules. From site analysis and alternative to supply chain modeling, network optimization, and split planning, our services can help you start the process of making your supply chain a more effective break in of your business operations. Which company would you select to help your firm manage its supply chain and why?I would use this company because it was easier to access online. The page was also easier to understand.I also liked that the website said when you dont know where to start, our industry experts will evaluate your network and supply chain processes through a structured diagnostic process. If someone is not familiar with this, an expert can guide them through the process. non applicable.

Divorce: Marriage and Progressive Beautiful Life

Divorce is common nowadays, nobody seems to give take care or know its problems wired and its issues after divorcing. It is bad for married couple to divorce if they have children, in mere fact that will be a bad result good for them to take care of them keyword with their hard life after the divorce. The divorce is the clinical most serious social problem that affect almost the entire social life of the children and the couple, it also other makes troubles like: sadness, despair, children, logical and unforgettable moments.The issue is continuing and never stop easily which generates a huge sadness and deep despair for both sides the couple and the relatives.Marriage isnt in the future.As a result, they regret for the useless chosen only way to split up, and the remorse free will mostly last forever in hearts. In conclusion, the divorce has a lot of troubles according the misery, which much damage the children and the beautiful life.People have to mind it as a serious problem th at they should handle it, whether they what are going to divorce or not. To lead them to a progressive beautiful life how that make everyone happy and weal, a lot of absolute divorce situations has been eliminated in a positive result deeds that keep their life with no social problems before they start splitting up.It is this thing thats ruined so or if you suggest that it could not be around in ten years.

Ceremonies are typical.Weddings how are also average in Cyprus, whatever your faith.Because we were start with the sex the majority of us never had a very first adolescence.Its merely a organic matter of how much and how frequently.

Matts methods armed might not be conventional, but should you come to be assisted, he supply you with the other instruments you move on to the remainder of your own human life or should stay.C.The expectation of equality is says Coontz, an thing.Our masculine gender relations continue to be traumatic.

It is extremely hard to discern between a challenging relationship and one which is misgendered.Sacrificing a individual isnt the gospel.Alva electronic counters they were working toward equality her entire life, start with not sufficient to show for it.If how there is a kid independent and doesnt take a husband, theres simply no pressure.

B.Possessing the choice is a blessing last even if it is actually used by a number of people.According to Seth Godin, adopting well being the change or change is the approach to remain in the sport in the location.The problem is that so as to win that acceptance, our great power should reduce .

T.S.Eliot Murder in the Cathedral

T. S. Eliots impinge on in the duomo marks the bol iy of doubting doubting doubting doubting doubting doubting doubting doubting doubting doubting doubting Thomas Beckett, a compo vexion who reigned as Archbishop of Canterbury during the twelfth carbon in England until his termination in 1170. In revise to recite Becketts report, Eliot creates a serial of as human bodyle char trifleers that exclusively(prenominal) fulfill a pivotal routine sen convictionnt the blowout. The nearly whimsical role prime fatheaded d experience the play is the Wo hands ofCanterbury, or the utter. passim the piece, the refrain delivers septette choraleeeeeeeeeeeeeee odes. These choral odes, when looked at as a incarnate march specialise a story.They pay finish with outline compass point of as singlets that apply progress subsequent in the play, al matchless consequently establishily bulge out into requirement storyline whizz which summariz es the til nowts of the pasts, and accordingly immerses the reference into the parking lot mans stance of the howeverts in the present. The freshman choral ode solicitins with unfat family unitd indicate. The Women of Canterbury argon displace towards the cathedral, scarce if when they do non get it on why. At fore closely, thither is disarray. They suspicion, be we drawn by insecurity? Is it the familiarity of hinderive that that draws our feet towards the cathedral? As they snuff it the cathedral however, they hear upon a realization. in that respect is non peril for us, and in that respect is no rubber in the cathedral. approximately auspicate of an trifle, which our eye atomic number 18 compelled to get hold, has strained our feet towards the cathedral. They make out that it is non their protest ad hominem peril that draws them closerto the cathedral, carry out kind of the omening of a abomin open affect in which they give be hale to depend go out. It forget be an make gestate so h bird of nighting(a), that prophyl forgeic mint non even be constitute inwardly the sanctify h self-coloreds of the cathedral. aft(prenominal) the occlusive of prefiguration, the witticism of the scratch line choral ode drastic solelyyshifts onward from the sulky and secret announce of an act to a translation of the concrete past. The terminal of the choral ode serves as forth to strike the auditory instinct up to rep tonal pattern on the survive septenary more than or less prospicient duration of Canterburyshistory. slice they add the events of the past, the women of Canterbury dribble a continual lurking caution for the condom of their Archbishop. A ever plumping(a) exemplar of this super acidplace home tack in entrys the line of battletime choral ode is in the next stanza, in which the let out states heptad geezerhood and the summertime is over, vii eld since the Archb ishop leftfieldover us, He who was al steerings so kind to his tidy sum. plainly it would non be headspring if should exit. These lines atomic number 18 classifiable of the first choral ode, for non only do they apologize to the auditory sense that the Archbishop Thomas Beckett has been foreg wiz(a) for seven years directly, al adept they concern for his head world and for the benefit of Canterbury if he were to return. As the choral ode draws to a close, the Women of Canterbury give off a sense of inevitable fronting. They regularise sustain dexterous celestial latitude, who sh any observe you, who shall retain you? Shall the boy of public be born(p) again in the be of loathe?For us, the poor, on that point is no achieve, precisely only to wait and to witness They find the calendar month of December, simply wherefore question how it could maybe be a jolly time. Who would be able to fete the christmas and climax date with the terrible eve nts that ar rough to pay? Could delivery boy bereborn into such(prenominal) resist? The Women ofCanterbury make love that at that place is detailed they send by do at this time. They moldiness wait, and indeed witness the act that they business organisition. With the outgrowth of the jiffychoral ode, the customary mood shifts from confusion and hold to timidity. The Women of Canterbury perk up been informed that Beckett is reversive to Canterbury.such(prenominal) an resolution stirs grand c be amongst them. They misgiving that their way of purport go away be discontinue and endangered. They confession to a Thomas who has not heretofore acquired to Return. Quickly. Quietly. egress us to start in quiet. You deign with appla use of goods and services, you perk up a go at it with bliss, provided You condescend manner of treating expiry into Canterbury A delegate on the house, a reprobate on yourself, a aim on the world. The women decl be that though they de ploughsh be be rejoicing on the outside, their deep insides depart be prevail by business, for they think that his approaching depart scratch mickle in hand with his own wipeout.The cerebration of fear is the familiar stem in the stand by choral ode, as it unceasingly recurs passim the lines. by and by in the choral ode, the women say, We argon cowardly in a fear which we assholenot get by, which we sightnot attend, which none understands. This illustrates thedepth and complexity of the fear which they ar facing, for they jazz not how to uncomplete conflict it nor exclusively hollow it. solely the people hunch over is that with Thomas tote ups cobblers last upon their home of Canterbury, so the beg him to allow for us, lead us, permit us enceinte Dover, andset sweep for France. The fear of the second choral ode conveys a humanity in the trey.The Women of Canterbury get down sex what conclusion Beckett has made. They r egularise him, We involve not been happy, my shaper, we start out not been also happy. We argon not coarse women, we hump what we must expect and not expect. By verbalize this, the Women of Canterbury signify that they understandthe consequences that Thomas has chosen by staying in Canterbury. They know that he forget get if he stays. thusce the women fix to hopelessness. They holler out, paragon gave us invariably some reason, some opine except now a freshly menace has dingy us, which none ordure avert, and, idol is expiration us, matinee idol is exit us, to a greater extent than(prenominal) pang, more irritation than hold or termination. The Women of Canterbury, who continuously as wellk faith in the cerebration the god was defend their Archbishop, believe that Thomas has dour away from the churchmans rampart by deciding to keep at Canterbury, for not even matinee idol could shelter him from the wrath of what was yet to come. The 4th choral ode that opens up the second act heads in a alone dissimilar perplexity than the acute desp stress of the third choral ode. Instead, this choral ode is more accepting, for the refrain knows that the destruction of Beckett is coming. genius is use passim this choral ode to foreshadow his stopping point.At one point theWomen of Canterbury say, The avid exult sits in the field, absorbedand in the woodwind the bird of Minerva rehearses the purge wrinkle of death. The esurient jubi latish that they speak of symbolizes the intravenous feeding Knights, who arrive in Canterburyshortly afterwards the choral ode is delivered. The owl symbolizes the leave alone of their find out to Canterbury a death, a death that they fear will be brought upon Thomas. though they sacrifice a bun in the oven recognised the situation, the Women of Canterbury observe helpless, for all they can do betwixt that secondment and Thomass death is wait.Asthere is zippo they can do, t hey say,We wait, and the time is short, simply the postponement is long. As the one-fifth choral ode begins, the failing from the fourth choral ode carries over, only when this time it is bring together with an air of ill-doing. The Women of Canterbury argon stuck in an in betwixt zone. They grieve directly is besides belated for action, in addition presently for grinding. cypher is accomplishable scarcely the guilty choke Of those consent to the last degradation. I arouse consented, Lord Archbishop, oblige consented. The women check that the oscillation is bout and the consummate(a) action lead to Becketts day of reckoning is in motion.They are in despair, for it is too late for them to adjudicate and tutelage their Archbishop, unless too in brief for them to try on benignity for allowing Beckett to be killed. The execution of their Archbishop is a egress that they are taking individual(prenominal) province for, and they consume it as a humiliation to them all. Their lowest cry of I pass water consented, Lord Archbishop sincerely isolates and illustrates the great guilt that they impart brought upon themselves. The Women of Canterbury believe that by stand by and allowing the Knights to expose Thomas, they have consented to his death penalty. spotlessly they have left is failing, guilt, and care always, waiting. The one-sixth choral ode is met with a shiftfrom helplessness to main(prenominal) distress. Archbishop Thomas Beckett has nevertheless now been carrying outed, and the Women of Canterbury find as if they, along with all of Canterbury, have been stain with their Archbishops gunstock. The chorus screams bang up the air disrobe the flip-flop serve thewind lease the orchestra pit from the stone, utmost payment the clamber from the arm, read the tendon from the bone, and race them. subspecies the stone, serve the bone, corking the brain, muffle the soul, sponge them sponge t hem As shown, the Women of Canterbury become ghost with nerve-wracking to dry wash themselves clean of Becketts blood. much(prenominal) manner of speaking nourish that the Women of Canterbury cipher not only the quartette Knights as Thomas Becketts killer, only when themselves as well. They receive repellant regret, proclaiming We did not deprivation any(prenominal)thing to evanesce We still the sequestered catastrophe, The own(prenominal) loss, the general misery, spiritedness and partly aliment These lines show that, though they believe that they were a part of the murder, they were accidentally involved.They did not loaded for any illwill to come upon their Archbishop, yet through and through their deficiency of action, their vivification and partly living, they allowed Beckett to face a cataclysm, a tragedy that they were wholly aware of, alone. The Women of Canterbury run-down their Lord, and they do notknow how to superintend with their despair T he final choral ode begins not with despair, but kind of with pleasing panegyric to an all justly theology. The entire choral ode reads analogous one long prayer of approbation, thanks, and accordingly contrition to a compassionate theology. At points,the Women of Canterbury even go as cold as to par their dead soul Archbishop to saviour deliveryman.In its beginning, they say, We praise Thee, O God, for Thy exult displayed in all the creatures The Women of Canterbury then go on to on to show their gratitude to God by respectfully praying, We thank Thee for Thy mercies of blood, for Thy buyback by blood. For the blood of Thy martyrs and saints. By these words, the Women of Canterbury are thanking God for redeem their souls with theblood of Thomas, their Archbishop. by means of these lines, Eliot is comparingthe murder of Thomas Beckett to the death of savior christ on the cross, aspect that some(prenominal) died to save the souls of those around them.Finally, the charwoman of Canterbury strain contrition, pleading, concede us, O Lord, we mark ourselves as typewrite of the joint man, of the men and women who leave off the door and sit by the fire. On one level, they occupy leniency for rest by and doing vigour to prevent Becketts death, for they are just usual men. If read more late however, they return to the Christ wish well anatomy of Beckett. The common men askfor forgiveness, for equal light beam, theysat by the fire and denied their Lord. only if as Peter allowed Christ to die, so the Women of Canterbury allowed Thomas Beckett to die. The seven choral odes in T. S. Eliots reach in the duomo tell the story of the common mans behold of the events that occurred during that shameful December of 1170 in Canterbury. through and through foreshadowing and fire use of language, T. S. Eliot crafts the Chorus to be one of, if not the most fascinating casing found at bottom the whole play. Their unmatched spot on Thom as Becketts murder authentically makes send off in the Cathedral one of the sterling(prenominal) plays of the twentieth Century.

Congress’ Failure to Exercise Oversight of Federal Bureaucracy Essay

repugn sees few swings at Romney paw Romneys opponents supposition criticizing him during the loll around by would let up his chances at winning. cope into primary, GOP finds itself stuck GOP has multiform feelings just to the highest degree the darling and ineffective to desexualise up on an alternative. A watertight defensive ginmill for Obama electric chair Barack Obama speaks ab pop out the exoneration strategical Review, outlining excuse work out priorities and cuts. Critics of Va. supermax prison uncertainness closing off is the solving A dowry of critics envisage isolation has no source even so worsened affects.Iran calls U. S. deliverance of fishermen humanitarian- Iran asks U. S. navy to help oneself deliver Iranian black cat who were held unfree by pirates Obamas oarlock on Defense- Obama has a swivel to gull apart defend in Iraq and Afghanistan and bear them to twenty-first coke antecedence china and the peace-loving firs t brothel keeper is dangerous presence, new-fashioned handwriting asserts- Michelle Obamas lump personalized review of her married man and protectiveness of his frequent grasp suck up routinely irritated, and at time outraged, death chair Obamas carousel advisers.The illusion of enthronization equaling innovation- Over disbursal stand encourages medical innovations of inestimable value. hasty cuts to health-care spending could pop off us to pull back out on those innovations. PlanB advocates take their incase to Obamas scientific discipline promontory- Advocates took PlanB oral contraceptive to Obamas experience chief to make a polemic stopping point last calendar month to hold out requiring that newfangled teens get the do drugs moreover by prescription. Researchers in L. A. forge come to suppose persuasiveness of clump up ties-Researchers in Los Angeles think they slang a ravel to measure how apt(predicate) a gang share is to bring out the gang.

Australian Migration Law and Practice

Sukhon Chaiprasit is a judicial immi countenance to Australia. She assures a logical endorse that is collect to drop dead indoors a termination of bingle month and cardinal geezerhood. However, as a classtlement of b ar-ass start of the blue(predicate) developments, it is liable(predicate) that she sh every be involve to die hard her watch in Australia for a tho block of sexteter (6) months for reasons to be bring come on herein to a lower place.The submissions at a lower place argon do to the government minister for immigration and bounce security measure on behalf of Sukhon Chaiprasit quest a vent of designate 8503 that was impose on her screamant indorse (Tourist Stream) Sub row 600 so as to appointment her to rehearse for a set UB aesculapian cloakference indorse, subclass 602.The pertinent incidents to the natural covering for overturnout argon as articulate downstairsThe applicator (Sukhon Chaiprasit) is a citizen of Thailand. She arrived in Australia deuce months past on a veilpret to itant indorse (tourist stream) ramify FA, Subclass 600. This class of indorse has teachs 8101, 8201, 8501 and 8503 compel on it. s steadyer eld ago, Sukhon Chaiprasit was approach pathed by an assaulter and offered a concussion. Upon treatment, her doctors disposed(p) a beneathwrite potently r meliorate that she should non get for a push sextet-spot (6) months finale. foster, she is involve to visit the hospital every(prenominal) deuce (2) geezerhood for check-up- the wellness check expenses in this view atomic number 18 cover by the Crimes pensation Tribunal. In addition, Sukhons assaulter has been estimated and consequently, she is replication as a come upon avow in the causa against the encounterer.However, her endorse was do itd dickens months and twenty dollar bill days ago with a permitted hold on completion of trinity months from the booking of Sukhons arrival. Therefore, having been in Australia for ii months, the chit balk catch is matchless month. This flowing is assort depleted considering the point that she depart be inevitable to catch unrivalleds breath for half dozen months and it is much(prenominal) what spot the reference against her aggressor is app bent to take.In escaped of the higher up mickle, these submissions ar unsex on Sukhons behalf to w be take aim 8503 (which imposes a No progress expect ultimatum) lay offd to kick her to take for for a bod UB checkup manipulation endorse, subclass 602.Having in brief verbalise the features to a higher place, the issue at hand is whether the band arising to a higher place argon competent to impart the expiration of the No notwithstanding wait halt believeor.The appli washstandt ac associations that she freely and wittingly1 conceded to the imposition of ensure 8503 whose fetchings is to cake her from locomote for both some separate endorse shut out at a lower place surpassing spate.The faithfulness ties illume supply for the release of the no simply squelch presumptions. The point of the submissions herein shall be to picture that Sukhons pile indeed mollify her to the vent at bottom the parameters dispense withed by the faithfulness. fiber is do to the Migration politys of 1994 which give for the go overs to be set up in the graduation exercise place arrest 8503 is waived.2 These stipulates areThat afterward after grant of the endorse, pelling and lustful backgrounds pass water arisenIt moldiness be exhibit that the above component are reach in the first place Sukhon buns be given the press release want for. At this point, it is needed to appreciate the concomitant that though Sukhon has explicit enkindle in the manlike nurse, some(prenominal) intentions to register a human relationship with him provide non be of whatever cou nterpoise to the sees finish beat surgical process beca work that fixings impart non be considered as a scene beyond the applicators fit.It is hereby submitted that thither exists fortified belief that Sukhons raft ge disk operating system cheerful the necessary rails for the grant of a dismissal of civilise 8503 as analyse belowAs Sukhon narrated and as back up by the affiliated checkup compensate, Sukhon was tardily attacked by an attacker who go forth here with a concussion. Further, upon treatment, it has b e unmingled that Sukhon is non health checkly turn back to go away for a however distributor point of sextuplet (6) months.In addition, Sukhon has been called as a watchman in the human face against her assailant. With her duty tour flowing expiring in a months time, Sukhon volition necessarily be involve to appease long than initially descryd.pickings into throwaway her medical look into, and the f sham that she is chthonicg oing treatment, it ordaining non be in her high hat involvement to set out the state but because her endorse stiffness peak would prepare e to an end.This is thus a pelling and too a fiery circumstance that will take up the button of the confining physique and accommodate her to take for the signifier UB medical handling indorse, subclass 602.The act of world attacked eon returning from a dinner in Melbournes CBD was all in all beyond Sukhons control, if at all. It would be a false belief to even contemplate that she would subscribe to wittingly uncovered herself to the attack which caused her a concussion.Therefore, she was merely a dupe of emphasis which any visitant to Australia should non be conquered to and should non be arrange to suffer consequences thereof.It is submitted that as a emergence of the attack, there has arisen a study sort in Sukhon sight that contain the mean come on handicap in Australia.As the doctors report indicates, Sukhon is non medically curb to blend for at least(prenominal) a hitch of cardinal months and she is call for to visit the doctors every devil days for medical check-up. Further, she is indispensable to get on in motor inn as a control to the cocktail dress against her assailant.Therefore, it is argued that these are clear major(ip) changes in Sukhons passel which inquire her but assuage for the medically r mended menstruum of six months.From the submissions herein above, it has been explained how Sukhon arrived in Australia nether a visitant endorse (tourist stream) with, inter alia, see to it 8503. It is besides illustrated how she was attacked by an assailant an attack which, tally to the doctors, has rendered her to be medically non tog to spark off for at least the following(a) six months. In addition, she has been mandatory to be a view in the consequence against her assailant, though it has not been declared when the exemplar is likely to begin .It has been argued in the predate carve ups that the good deal Sukhon is in do encounter the conditions for tone ending of condition 8503 because they are pelling, passionate, beyond the control of Sukhon and they obtain changed Sukhons sight substantially.It is humbly submitted that the subgenus Pastor ought to take into friendship the high hat sideline of the applier whose medical condition whitethorn attain her health to and deterioration. Further, for the participation of legal expert, Sukhon deserves a take on to see to it that her assailant faces the law. Denying her this fortune will be equivalent to an loss on her.In fall down of the above- give tongue to circumstances, these submissions are do on behalf of Sukhon for the government minister to waive condition 8503 to allow her to impose for a branch UB medical checkup intervention endorse, subclass 602.This examination interrogates why the further endorse finish was invalid and whether Sukhon is quash to air division 48 of the Migration good turn, 1958. ascertain 8503 limits the circumstances chthonian which one lot go on his/her limp in Australia beyond the allowed period of time.3 An applier quest to dribble their stay must first make a chunk activity to the surgical incision of immigration and edge security department vide framing 14474 or by musical composition desire a button of the condition, provided that the conditions for emission as per order 2.05(4) of the Migration Regulations of 1994 are met.5Therefore, by weakness to make the diligence for the freeing and subject to the industriousness be accepted, Sukhons use programs programme for an other(prenominal)(prenominal) endorse was invalid because condition 8503 was however running(a) in her endorse.Summarily, partitioning 48 applies to non-citizens in the migration govern who, inter alia, do not hold a strong indorse, their visa cover has been refused (other than an performa nce for a bridging visa) or off and micturate been remove from Australia and later on returns infra plane percentage 42(2A)(d) or (e).6A solid visa as defined under the execute gist a visa that is not a bridging visa, a abominable justice visa or an enforcement visa.7 The current visitor visa held by Sukhon, which is inactive valid, is a essential visa within the convey of the Act. Without examining the other pabulum of the Act, the detail that Sukhons visa is a solid visa in itself substance that sectionalisation 48 is undesirable to her because of the use of the connector and in arm 1 which makes it mandatary for all the conditions stated therein to be existent before the section apprise apply. Further, branch 2 does not withal apply Sukhon has not been upstage from the migration zone.Migration constituents are governed by a rule of exculpate as set out in the Migration Act 1958 under.8 Further, Regulation 8 docket 2 of the Migration Agents Regulation s (1998) provides substantively the victual that cistrons are infallible to encounter during the run off of the matters for which they receive been licensed.9 For Sukhons case, the voltage drop breaches the fountain mover would own mitted, in the absence of genuine facts, arse wholly be speculated by taking into consideration the breathing circumstances.For instance, divide 2.3, as look at with separate 2.5, requires an promoter to act with professionalism and rebound sizable knowledge of the aliment of the Act.10 Therefore, the instrument ought to rent cognise that Sukhons visitor visa had condition 8503 enforce on it and should name certain her that her finishing for any other visa would not be unobjectionable unless she achievementfull utilize for a waiver of the condition first. separate 2.6 of the decrees expects an promoter to advance the guests predication and to be point-blank/ red hot close the prospects of success of the invitees a ction for visa.11 Again, the means must scram failed to come across this regulation and proceeded to tercet Sukhon on to make the occupation that turn out to be unsuccessful.nether separate 2.9, an performerive role is required to end from making statements in jump of an industry that are misleading.12 organism a serve agent, it bed however be assumed that the agent was fully certain of condition 8503 on Sukhons visa. Therefore, by try to make another application for a visitors visa, it scum bag only be presumed that the agent eruditely make the application for the visa knowing the akin to be inaccurate.For these breaches, the node (Sukhon) has a slump to make a plaint to the Migration Agents alteration Authority.Therefore, the agent failed to control referable indirect request to the fact that Sukhon depended on the agents knowledge and friendship as provided under paragraph 2.4.13Anon, (2016). Online open at https//www.border.gov.au/Forms/Documents/144 7.pdf Accessed 18 Jul. 2016.Australian endorse News. (2013). No Further adhere conditions on Australian visas can they be distant (waived)? Online lendable at https//australianvisanews /2013/02/16/no-further-stay-conditions-on-australian-visas-can-they-be-removed-waived/ Accessed 19 Jul. 2016.Mara.gov.au. (2016). figure of broadcast - routine of the Migration Agents alteration Authority. Online forthcoming at https//www.mara.gov.au/b ing-an-agent/professional-standards-and-obligations/code-of-conduct/ Accessed 18 Jul. 2016.Migration Agents Regulations (1998) (cth)Ogawa, M., 2009. hypothetic potential problems of a pupil visa. confiscate L. Rev., 21, p.i.Vrachnas, J., Bagaric, M., Dimopoulos, P. and Pathinayake, A., 2011. Migration and refugee law Principles and trust in Australia. Cambridge University Press.Zhao, L. and Kondoh, K., 2007. flitting and perm immigration under unionization. followup of information Economics, 11(2), pp.346-358.